Visitor Record (Visa) Extention REFUSAL!!!

[Ravensheila]

Hello Friends,

We really need your help and advice!!! My GF has a British passport and came to visit me in Canada on April 25, 2012 and she was granted a 1 month Visitor Record. We applied for an extension to Vegreville, AB on May 5, 2012 (before her visitor status expired). Unfortunately we got a letter back on July 10, 2012 stating that our application for a request of an extension has been refused due to ‘I am not satisfied that you meet the requirements of the act and regulations' and she has been asked to leave ‘immediately'. In addition we also got a blue Voluntary departure form which she has to submit to CBSA upon departure.
Needless to say we both are devastated and very disturbed!!!
We both were really confident on our application and we provided all the necessary documentation to confirm that she will be leaving after a period of 6 months.

We will be extremely grateful to you all if you can tell us,

1) Is there any option for us to send in a second application with more details?
2) Try the restoration of status option?
3) When does she have to leave Canada by (days?)?
4) If she leaves how soon can she come back into Canada and will the refusal of extension affect her future entry into Canada?
5) Is it advisable to go to USA for couple of weeks and try to Enter Canada again?

 

[Pippin]

I'm sorry I don't have the answers you are looking for, but it might help you get more accurate answers if you indicate why your GF was given only a 1 month Visitor RECORD when she first arrived in April. What previous history does she have?

 

[Ravensheila]

She had visited me last year for few months, and went back to UK. So when she came back this time they questioned her why she was back so soon and the problem was she is unemployed at present in UK so they gave her just 1 month stay. (They don't give actual reasons for their decisions)

 

[Creampop]

what they said was the reason... she didn't have a job, one of the biggest ties to the home country. it isn't uncommon and honestly she was lucky she got the 1 month. I was turned away for not having a job and was told in order to get back in i had to have paystubs, lease agreement, bank statements showing money moving in and out... it really depends on the guard @ POE. everything is in the computer and everytime since that happen to me I had to go into immigration and explain my reasons for visiting have return tickets etc...we have 2 kids we shared custody it wasn't fun going into immigration every 2 weeks just for a weekend visit. I'm sorry that you have to go thru all this I feel for you as I have been threw it, going into the US may work but don't count on it...her only option may be to return home.

 

[cyas33]

Creampop is right. Your girlfriend should leave Canada. if she tries to over stay her time, they might never let her come back to Canada. As a fellow british passport holder she needs to be careful as that passport is easily flagged, and can cause you some embarassment at immigration counters. It does not matter what kind of passport you hold these days, the rules apply to all, you cannot prove that you have ties to your home country, then you cannot stay. i wish you both well

 

[Ravensheila]

so for future reference, if she doesnt have a job in UK she cannot come to Canada, is that what i should understand. she did very clearly mention at the port of entry that she is coming for the second time to visit me (her Boyfriend) and they The BSO even called me to verify this and i told him the same (we were very honest). He still gave her only 1 month stay!!! saying that this is because he is not convinced that she is here just for that. Now its true she was unemployed when she came the second time, but what is wrong with that? and she had a valid return ticket, she had enough proof of fund, and she had come once before and left before her 6 months expired (she left within 3 months, even though she was granted 6).......so what more do they want to know???
and what else can we say, we were honest from the very beginning about it all.
please advice what else could we say or should have done?

 

[Creampop]

they get people are unemployed, but a job is a huge tie to the home country something they can see her going back to. how long between her visit with a job and coming back without one? could that itself raised a red flag? like.. was she here for 3 months home a month or 2 then came back? if so they prolly took it as she was here visited decided she wanted to come back with you went home quite job and was moving with you without going thru the proper channels red flagged. what did you say as a reason you wanted to extend her stay? how long have you been together? have you lived together a year any point of the relationship?

 

[scylla]

You haven't provided us with enough information about your girlfriend's previous trips for us to give you a full answer.

Long story short, visiting is a priviledge and not a right. When someone visits, they are supposed to do just that - visit. When someone starts coming too often (or for too long) - this begins to look like "living" here rather than "visiting". Your girlfriend is not allowed to live here.

If she previously visit for several months (3?), return home for a short time (few weeks, month or two) and then expected to return for a six month visit, this is starting to sound more like living than visiting (spending more time in Canada than the UK). The fact that she was unable to show strong ties to the UK would have been taken as further evidence that she may be trying to live here.

 

[Creampop]

Sorry this is going to sound blunt but your girlfriend is going to have to leave Canada, and there really is no option. You need to stop worrying about why she was only given a month and start figuring out how to fix it... To be completely honest I don't see how she would even qualify for restoration and I may be wrong but read below... to me your girlfriend was visiting she applied for extension before her status ran out so she never overstayed, she had implied status while the extension was in progress now she has a decision she has to leave, she was given a card that MUST be filled out when she leaves if they do not get that card within 30 days that departure order turns into a deportation order. even trying to restore her status will not stop it from turning to a deportation order. I understand you want to be together but you have to do it the right way. I think you should start looking at options for the future...

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:

You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html

Departure order: A departure order requires that the person leave Canada within 30 days after the order becomes enforceable.
Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

 

[cyas33]

Sorry this is going to sound blunt but your girlfriend is going to have to leave Canada, and there really is no option. You need to stop worrying about why she was only given a month and start figuring out how to fix it... To be completely honest I don't see how she would even qualify for restoration and I may be wrong but read below... to me your girlfriend was visiting she applied for extension before her status ran out so she never overstayed, she had implied status while the extension was in progress now she has a decision she has to leave, she was given a card that MUST be filled out when she leaves if they do not get that card within 30 days that departure order turns into a deportation order. even trying to restore her status will not stop it from turning to a deportation order. I understand you want to be together but you have to do it the right way. I think you should start looking at options for the future...

Creampop, you could not have said it better. this is the reality of the situation. His girlfriend has been more or less been told to leave Canada and if she overstays it might just be deportation. having a British passport means nothing these days, the rules apply to all

http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html

 

[larryUK]

Reading this does concern a bit. I'm in a simular position to your girlfriend, I recently spent 7 months staying with my Canadian girlfriend starting towards the end of 2011 to May 2012. I have returned to the UK to work for a few months (I'm self employed contractor so am able to put work on hold or pick it up again, does this make a difference with immigration? I'm not unemployed) with the plan to return to Canada later this year and get married, then return to the UK and apply for PR through spousal sponsorship, but I would like to stay there at least 3 months initially again and maybe extend longer. Am worried about what immigration are going to say to me and also how long should I leave it before going back, my gf would like me to return yesterday lol but I think would look better with a 4 or 5 month gap. I am thinking it might be better to just book a a return ticket for a 4 week stay and hope I don't get flagged and sent to immigration (therefore wont get given a visitor record and get 6 months from the date I land), or given my travel history to Canada (will be the 4th time going there in about 2 years...at least it shows I've got a record of leaving?) especially my last stay will I get flagged up anyway?

 

[Creampop]

Larry,
when you were here, were you given 7 months, were you asked to leave? did you apply to stay longer or just stay over the extra month. if asked to leave did you leave when you were supposed to? how did you travel in and out of Canada? ie.. car, plane. have you been divorced? there are rules for non-resident divorcees about getting married in Canada this is why I asked. I really can't give you good advice on what to do with out alittle more information... but the "gap" as you put it is good and with your travel history it is showing a pattern, visiting and leaving thats what they want to see.

 

[larryUK]

Larry,
when you were here, were you given 7 months, were you asked to leave? did you apply to stay longer or just stay over the extra month. if asked to leave did you leave when you were supposed to? how did you travel in and out of Canada? ie.. car, plane. have you been divorced? there are rules for non-resident divorcees about getting married in Canada this is why I asked. I really can't give you good advice on what to do with out alittle more information... but the "gap" as you put it is good and with your travel history it is showing a pattern, visiting and leaving thats what they want to see.

Hi when I landed last time I was given a 3 month VR ( had a return ticket booked for 3 months later), I applied for another 3 months and got given that, then I applied for another 3 months (so could of stayed 9month in total) which I was also granted, though I decided I to come home after 7 months as I had work lined up and would of lost it had I stayed any longer. So yeh I've always maintained a legal status there. Travel by plane, no never been married before therefore not divorced.

I know it's difficult to answer with any certainty, from my point of view I've got a good history of arriving and leaving and am spending money there as tourist, I'm not really being supported there by my girlfriend though she does obviously provide my accommodation.

I suppose worst case (I hope) is next time I land I get granted a month, get married and have to return quicker which would speed up the application for PR. Ultimately for both of us we aren't going to be happy till I can hopefully stay there permanently and build a normal life together without all the coming and going.

 

[Creampop]

of course no one can answer anything for sure cus it is ultimately up to the guard @ POE. but from what you have said I don't see anything they would red flag you for you applied for extensions and got them and even left before the last expired... so thats all good. leaving from airport the info is in the system you left. I wouldn't tell them you were specifically coming to get married tho. different if they ask but if they don't leave it. are you leaving after marriage because you are filing outland? you can stay after getting married and still file outland use the fact you got married and want to stay with her during the process. GL!

 

[larryUK]

of course no one can answer anything for sure cus it is ultimately up to the guard @ POE. but from what you have said I don't see anything they would red flag you for you applied for extensions and got them and even left before the last expired... so thats all good. leaving from airport the info is in the system you left. I wouldn't tell them you were specifically coming to get married tho. different if they ask but if they don't leave it. are you leaving after marriage because you are filing outland? you can stay after getting married and still file outland use the fact you got married and want to stay with her during the process. GL!

That's good they have a record when you leave (have read before that they don't?) as proves I've not over stayed or anything. Well I've always been upfront to them that shes my fiancee and we plan on getting married, we got engaged when I was over here the time before my most recent stay and I told immigration at my POE last time my reason for wanting to stay longer was to spend time with my fiancee (probably why I got quite a grilling lol) and in my extension VR applications my reasons to extend was to spend more time together and do some wedding plans so I assume it's all on record and they've not refused my extensions before. I can see their biggest concern is that people in my (or the OP's girlfriend) position land with the intention of overstaying/not returning, I think/hope I've got a good case history to show I respect the immigration laws.

Well yes I was thinking I would have to return to file an outland application which would be a lot quicker than filing inland? But am also trying to balance the fact that I like to keep some money coming in , I have savings to fund a prolonged stay though long term I think it will be better if I can earn in the UK sometimes rather than sit over there for 9/12/18 months spending all the time whilst not able to work there till I hear back about PR. My girlfriend would love your suggestion though, I didn't realise you could file outland whilst still in Canada?