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Visitor Record (Visa) Extention REFUSAL!!!

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Ravensheila View Drop Down
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    Posted: 20 Jul 2012 at 9:10pm

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)      Can we 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?

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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 21 Jul 2012 at 2:29am
Your GF is a foreign national, and she is expected to comply with immigration regulations of Canada.

If you really want her here permanently, get married and sponsor her.

She already spent 4 months here, pretty much enough for a "visit".

CIC/CBSA is getting strict in restricting foreigners an unlimited or open stay. Just because she has a UK passport does not entitle her to unlimited stay or a right to extend without issues in Canada.

She should leave immediately. Going to the US, and coming back, she will still be facing questioning on why she is trying to stay in Canada rather than go back to her country. Given that her requests have been refused, CBSA will probably limit her next stay, worst case they can even deny entry. No use of stacking up bills.

Even the American officials may question her when she enters the US. They can sense that she is trying to stay, etc and may give her a tough time as well. She is not in the EU so she does not have unlimited stay entitlements.

For a change, perhaps you can go to UK with her and stay with her there for a few months, if you 2 just want to be together?

An extension is only granted if she satisfies CIC. What extra proof have you obtained (since the refusal) that overcomes their concerns?

Canadians face the same restrictions when they are visiting the EU. It is normal, nothing to be disturbed about.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote yuun2002vn Quote  Post ReplyReply Direct Link To This Post Posted: 21 Jul 2012 at 4:31pm
If she has Bristish passport it mean she is Bristish Citizenship. «I am confuse why she needvisa to visit you. It can stay at least 6 months. 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 21 Jul 2012 at 5:03pm
She may be allowed to stay up to 6 months, but in this case she was given a visitor record and her stay was restricted to 30 days.  A BSO is not required to grant 6 months, it's just the assumed length without a VR.

FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Ravensheila View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ravensheila Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2012 at 12:31am
Can she apply for a restoration of status, because she is still within the 90 days?
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canvis2006 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2012 at 1:11pm
Originally posted by Ravensheila Ravensheila wrote:

Can she apply for a restoration of status, because she is still within the 90 days?


It is pointless I think. She has been given a letter to depart Canada.
I doubt if CIC will restore her status, she was not on study or work permit. A visitor must leave when they're told to leave.

Unless you want to risk a deportation with CBSA?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote MajidS Quote  Post ReplyReply Direct Link To This Post Posted: 22 Jul 2012 at 1:29pm
Originally posted by yuun2002vn yuun2002vn wrote:

If she has Bristish passport it mean she is Bristish Citizenship. «I am confuse why she needvisa to visit you. It can stay at least 6 months. 
 
ALL FOREIGN NATIONALS require permission to enter Canada. A British national is exempt from applying for a TRV "BEFORE" traveling, which means they can get into Canada at the point of entry. But they still require a visitor permit. By default, a maximum of 6 months is granted, UNLESS at the point of entry the officer gives the British passport holder a different (lesser) time. I have heard of American and British nationals who were turned away from a Canadian Point of Entry and sent back home on the next flight out and also some who were given 1-2 weeks visitor pass only (for the Calgary Stampede for eg.).
 
Now, back to the Original Poster's concern: my personal opinion is she fly back to UK as soon as practical. And then try to enter again at a later date after you (the OP) have sorted your story.
 
The CIC most likely refused extension because it has something to do with your relationship, which red flagged her "true intentions as a visitor". In this case, applying with your story straight in the most honest manner is your best bet.
 
Remember that CIC review hundreds such cases daily, and they are a very well in-tuned to a visitor applying saying they are in Canada temporarily when in fact they have other reasons to be here. Honesty is the best approach in these cases since you really are trying to pull one over the eyes of someone who can very well see past you.
 
Originally posted by Ravensheila Ravensheila wrote:

1)CCan we 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?

 
Restoration of Status does not work for rejected applications, from what I understand.
 
Coming back into Canada after refusal of extension should not be a problem, provided she satisfy the next time she is eligible. A refusal of extension has no long term affect on the person coming back.
 
Going to USA and coming back will only help if she (you guys) can get a more honest, reliable story together to why is she visiting.
 
Remember, visiting while in a relationship is in itself not an issue for CIC. All they want to hear is you guys admitting it and she proving to CIC that she "will leave voluntarily and without any fuss if she has no legal status in Canada".


Edited by MajidS - 22 Jul 2012 at 2:40pm
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Ravensheila View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Ravensheila Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jul 2012 at 12:04am
Okay I am a little confused, 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 (se 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?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jul 2012 at 4:45am

Quote Ravensheila:
Quote Okay I am a little confused, 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 (se we were very honest). He still gave her only 1 month stay!!! . . . so what more do they want to know???

I responded further to your queries in the other conference, but I think one aspect of the confusion warrants further attention: she was, after all, allowed to enter Canada to visit you. For a full month no less.
(I went through similar ordeals years ago, before becoming a PR, though the shortest Visitor's Record I was given was for about two months . . . but I had many ties to my home still.)

A full month is a substantial "visit." Longer than that, on top of a previous extended stay, particularly for someone who is not employed in their home country, does indeed suggest a living together arrangement more than a "visit."

There tends to be a perception that because certain visa-exempt Foreign Nationals (Americans and Brits for example) are allowed to remain in Canada for up to six months so long as particular conditions are not imposed upon them at entry, that six months is the expectation. In contrast, the odds are very, very high that the overwhelming majority of "visitors" to Canada from the U.S. or the UK come to Canada for ten days to three weeks, or less (actually a majority of Americans visiting Canada are doing so for less than 24 hours). They come by the millions. Only a small percentage come for a "visit" much longer than that.

Long visits tend to draw attention. Multiple long visits draw more attention. The longer the visit(s), the more the circumstances tend to indicate something other than a "visit." The potential inferences should be no surprise.

Note: the number of Visitor Records issued by CBSA is not very large. It has been awhile since I researched the statistics, but I was startled by how few they actually issue (glad I did not know this back when I was coming and going regularly as a "visitor:" I was anxious enough in those days, and I would have been far more anxious if I had of known just how much my having been given multiple visitor records meant I was on their radar).

But it is worth noting and emphasizing: she should have left by now. What was a red flag is now a glaring red flag. And the longer she remains in Canada, the bigger and the more red it gets.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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