@Lindasantoso how long did you wait for the decision of your extension of stay? And what is the reason why it was rejected?
Visitor record extension refused
- Thread starter rosh007
- Start date
I am confused. So, if the extension is refused. You are then "out of Status" and must leave Canada within 30 days... But, you are saying that while out of status you can then apply to restore. Does this give the application implied status once again for another 6-8months? Or is it a last ditch effort to buy time. And if this is rejected? What prevents someone from just living in Canada on implied status forever? Is this only if the applicant has some other method underway or finding permanent residency? Or would this apply to all individuals? Even ones that have been visiting and restoring a third and fourth time?
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Yes, you can apply to restore your status within 90 days of being refused. No, applying to restore your status does not give you implied status. While you are waiting for the restoration application to be processed, you remain in Canada without status. So if restoration takes 6-8 months, you are in Canada without status for 6-8 months.
If restoration is approved, that puts you back in status.
If restoration is refused, then you need to leave Canada.
It's impossible to live in Canada on implied status forever. Implied status is just temporary while you wait for the results of an application. Sooner or later that application is either approved or refused. Again, applying to restore your status does not give you implied status. You remain in Canada without status.
Ok, so... To stay in Canada you have to extend your visa. Say, after three to four attempts the government says, we think your trying to stay in Canada you have to leave. Instead of leaving all you have to do is apply for restoration. While you wait you are out of status, but as long as you aren't working and your travel insurance is renewed and valid. Really, all you have to do is keep trying to restore after you are rejected. Is this not a way to stay in Canada permanently? Could you continue to drive and get care at hospital if needed? Is this a loophole to stay forever?
No, it's not a loophole to stay forever. You can't apply for restoration over and over again. It doesn't work that way. You typically have one chance to apply for restoration, once that's refused, your only option is to leave Canada. Of course you can ignore the rules and remain in Canada illegally - and wait for CBSA to catch up with you and remove / deport you from Canada.
Would add that if you are a visitor you'll be expected to pay for any medical care you receive. To drive you need insurance and some form of drivers license that is recognized by Canada. In general after a certain period of visiting Canada you will be refused any more extensions.
What are some of the reasons you might be granted an extension? I am on an ETA and awaiting PR, if I do not get it granted before my 6 months are nearly up, I want to apply for an extension. Can I give the reason that my partner is here and that I am awaiting PR? Or will it just be rejected?