Visitor Record (Visa) Extention REFUSAL!!!

She really needs to leave soon. The longer it takes, the more problematic attempts to visit in the future will be.

Too late to try the U.S. for a bit and then return thing. I mean, she could try, but she's flagged, and I suspect it would just make things worse at this juncture.

She should have left already, so she has already overstayed. So all that matters now is (1) leaving as soon as practical to minimize the impact of having overstayed, and (2) for sure leaving before CBSA initiates a formal process to remove her from Canada (no idea how long it will take for them to get around to doing that).

Obviously there is a flag in her FOSS records now and they suspect, or believe, she either has/had plans to stay or to work in Canada. Too many factors can lead to this to guess why . . . but lack of means to support herself plus plans (or their perception she had such plans) for an extended stay, tend to cause concern.

Not sure why you were so confident of being granted the extension after she had already been given just a 30 day visitor record. Clearly they had concerns right up front; combine that with having a significant tie to a person in Canada, but which is not a "qualified" relationship for family class sponsorship, the outcome should not have been a surprise.

She could attempt to return to Canada in a day or a week or a month. But if her circumstances remain very similar to what they are now, the odds of running into problems remain high. Obviously, if she took a two day or two week, or even two month trip to the U.S., and attempted to return, CBSA would have a big problem.

Going to the U.S. and then attempting to return to Canada is not going to persaude anyone that her ties to her home are strong enough to overcome the perception that she will stay longer in Canada than just to visit.

The longer she is outside Canada, the better, and particularly if that time outside Canada affirms her ties to her home country; but there is no set answer to when she could return without running into problems.

I realize that it is not widely understood that just because FNs (foreign nationals) from visa-exempt countries are routinely allowed to enter Canada without special restrictions, and that that gives them six months visitor status, that does not mean someone arriving from abroad who has plans to stay three or four months, or longer, up to six months, is necessarily going to be allowed entry to stay that long. "Why?" the long stay looms large. And how they will support themselves looms large. Among other factors.

Bottom-line: they don't think she is here to "visit" so she does not qualify for "visitor" status. To return to Canada as a visitor, she needs to convince CBSA that she is indeed coming for the purpose of visiting. That will be more difficult now, first, given they already had concerns of this sort as evidenced by the short visitor record issued in April, and, secondly, that is going to be reinforced significantly by her current overstay . . . and the longer that goes, the more that will reinforce their perception she cannot be trusted to leave when she is supposed to leave.

After 30 days, her departure order becomes a deportation order.  If she waits until then, she will need an ARC to return to Canada.  If she departs prior to then, she can come back at a future point in time, although she will be subject to the same review process that dpenabill describes.

See ENF 6 and 11, which describe departure orders, how they turn into deportation orders, etc.

No - not possible. She has been issued a departure order. She needs to leave.

See computergeek's response above. She needs to leave before 30 days of receiving the departure order. After 30 days her departure order will turn into a deportation order.

As I have said already, but for emphasis I will say again:
I agree with posts saying, in effect: it is time to leave.

How and why things have gotten to where they are might be helpful to others, but it is all history for you now. This is history recorded in FOSS (and thus also in the GCMS). This history will have an affect on future efforts to come to Canada. Bottom-line: CBSA and/or CIC does not believe she qualifies as a "visitor." So far as I know, a Foreign National has no right to challenge or appeal this . . . there are procedural rights affecting the process to compel removal from Canada, but she really does not want to go there. A prompt, voluntary departure is almost certainly in her best interest.

A lawyer, however, could fully assess the situation and address the options as well as the consequences. No one here is qualified to offer such counsel.

The longer she stays, the more difficult it will make things in the future.

Yes she can apply for restoration of status. Is there any chance an application for restoration will be successful? Probably not, minimal at best, at the very best. But there is no implied status in the meantime. She will be subject to arrest and forcible removal. Will that happen? Eventually perhaps. Probably not right away. Perhaps not in the foreseeable future. Later if not sooner, yes, fairly likely. Even then there are avenues of recourse, mostly temporary of course, delaying the inevitable.

Indeed, there are various avenues a Foreign National can pursue to avoid being forcibly removed from Canada.

But to what end? For what objective? To stay is to make it more difficult to return in the future. They are not going to be knocking on the door to haul her away tomorrow.

But, fighting leaving is not going to do anything but delay the inevitable and turn what is already a red flag into a more substantial, long-term obstruction blocking future efforts to come to Canada.

That is: it is time to leave. Unless one enjoys the temporary life of being an illegal Foreign National avoiding the law.

Thus: If she is not boarding a plane this week, see a lawyer soon, real soon, as in by noon today say, or otherwise ASAP.

I would note, though, that there are formal procedures and notices involved in these matters. None of us here are qualified to fully evaluate an individual's case, and particularly so when we have not even seen the communication she received. The formalities of that communication can contain critical information.

For example: I am not at all sure she has been issued a "departure order." Maybe she has. I do not know. I tend to think that she has not been issued a departure order, or at least I think that is not what she received in response to the application for an extension, but without seeing the actual communication received it is hard to know; it may merely be a direction or instruction to leave, not a formal "departure order." Again, I do not know. A lawyer would know, at a glance.

In terms of how critical it is to leave immediately, versus within a week or few, it makes a difference whether the communication received is a formal departure order or not.

If it is a formal departure order: leave ASAP. That means, ASAP.

If not: leave real soon, as soon as practically reasonable . . . this does not mean waiting until it is convenient, or waiting for a better price on the flight. It means leaving soon, just not necessarily by this evening.

A "departure order" is not merely any formal instruction or direction to leave Canada. After all, the original Visitor's Record had a "must leave by date" and that is not a departure order.

However, since she is obligated to submit a voluntary departure form upon leaving Canada, there is a significant chance she will be served (given) a formal "Departure Order" at that time (if what was received is not a formal departure order itself) . . . that is, a formal departure order may already have been issued, and is in the CBSA computer system, and when she goes to leave, and thus appears at a POE office to submit the voluntary departure form, they will print and serve that departure order (and by leaving it will become an "enforced" departure order).

Absolutely do not forget to submit the voluntary departure form with CBSA at the POE upon leaving. Canada will assume she remained in Canda illegally until that document is formally submitted. Do not blow this. Do it properly. Even if it takes two more months to leave (it really shouldn't), be sure to submit that form upon leaving. That will be better for the record than "forgetting" to submit it upon leaving.

In any event, at best, at the very best, she is currently in Canada without status, and is known to be in Canada without status, and thus is flagged and, thus, again, the longer she stays the more difficult it will make things in the future.

Final note: I suspect (do not really know) that the main thing she did wrong was to come to Canada to stay with (live with) a significant other, not to "visit" in the sense of a "visitor," but to be with her partner in Canada . . . or at least that is what CBSA probably perceived based on the circumstances. Even if she was planning on leaving within six months, or three months, to qualify for visitor status the POE officers must be persuaded the Foreign National is coming to "visit" . . . and they weren't convinced of that. In a sense this is to say that she did not do anything wrong. Given her reasons for coming to Canada (or at least here perceived reasons) she simply did not qualify for status to stay longer as a visitor.

Overall: leave or talk to a lawyer. Do one or the other soon, very soon.