Refused Visitor Extension due to 179(b) of the IRPR

[canuck78]

the most time she spent was 60 days and we have how to prove it. Every other time she came was for like 30 days. Same with this last time. She came to spend her birthday (October 20) and left middle November. She never even wanted to live in Canada before, I had a hard time convincing her. She never had any problems with visas. She visited several countries in Europe and several times US.

I believed we could apply for extension while the PR process is decided. We do have ways to prove financial support and ties to home country. But you're saying even with that applying for a restoration is not valid?

One of the issues is she returned soon after leaving and could not show proof of employment in her home country. Doesn’t sound like was able to prove she had a lot of savings when she was questioned in January. You can still apply to sponsor her even if she doesn’t have status but she won’t qualify for a OWP until AIP which is just before COPR. You should try to restore her status. The fact that you weren’t honest created more issues and will create concerns that you may have lied about other things.

 

[Islander216]

the most time she spent was 60 days and we have how to prove it. Every other time she came was for like 30 days. Same with this last time. She came to spend her birthday (October 20) and left middle November. She never even wanted to live in Canada before, I had a hard time convincing her. She never had any problems with visas. She visited several countries in Europe and several times US.

I believed we could apply for extension while the PR process is decided. We do have ways to prove financial support and ties to home country. But you're saying even with that applying for a restoration is not valid?

From what i know she needs to maintain a legal status throughout the sponsorship process, whether or not there are loopholes to this i'm not aware of.

I still don't see on what basis her status would be restored, usually your restoration is based on your ability to obtain a specific permit: study permit, work permit, visitor visa, etc. Then once you are granted it, you restore your status based on that at the same time.

I doubt that she will be issued a visitor extension if she asks for a restoration, so i feel you'd be better off if she returns and you sponsor her from Brazil.

But get other people's views as well. if i was optimistic the restoration would work i'd tell you to go for it, but i know that once a visa is refused, the burden of proof becomes even higher. I would recommend you get legal advice on how you could prepare a dossier to apply for restoration.