Question about immigration

[pldagenais]

Hi everyone,

My Colombian girlfriend has been in Canada for about 6 months under a tourist visitor visa. We sent a request to extend her visitor visa for a couple month since we decided to get married. The request for the extension got denied and our wedding is scheduled for April 1st. She had to leave on March 3rd but we decided to get married here in Canada anyways on April 1st.

Once I send the documents for sponsorship, is she going to be able to legally stay in Canada or will she have to wait until a decision is rendered before she can come back? Do I need to apply for a work permit? Will she be able to leave Canada and come back before a decision is made?

We are residing in Quebec. What would be the best course of action?

Thank you very much for your help...

PL

 

[Rob_TO]

Once I send the documents for sponsorship, is she going to be able to legally stay in Canada

No, her visitor visa was denied and since March 3 she has been here illegally. Submitting a PR app won't change that.

or will she have to wait until a decision is rendered before she can come back? Do I need to apply for a work permit? Will she be able to leave Canada and come back before a decision is made?

If she applies for PR INLAND, she will NOT be able to get an OWP since she is not in legal status right now. She can try a restoration of status application with OWP app, but not sure how successful this would be considering the very recent extension denial.

If she applies OUTLAND then she can return to home country during processing. She will only be allowed back into Canada during processing, if she can get a TRV approved. If she can't get TRV then she'll need to stay outside Canada until her PR is approved.

 

[pldagenais]

Thank you very much for your reply.

The visitor visa extension was denied with the letter below.

We think it got denied because we made a mistake and failed to attach a few page to the financial means for extended stay. We thought they would contact us to request more documentation but they simply denied the request, as far as I know there's no appeal process to this.

So basically, the fastest way would be for her to leave and apply from outland and wait for the application to be processed?

Thanks

Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they will leave Canada by the end of the period authorized for their stay, that they will not contravene the conditions of entry and that they do not belong in a category of persons inadmissible to Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:
1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including:
- employment and study commitments;
- family ties and responsibilities;
- status (citizenship or immigration status);
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.
After considering all the circumstances of your case, I am not satisfied that you meet the requirements of the Act and Regulations.
You must leave Canada on or before the expiry of your current document or, if your document has already expired you must leave Canada immediately. Failure to do so could result in enforcement action being taken against you.