Extension of work visa denied. Appeal? |
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Joybug
New Member Joined: 19 Jun 2010 Status: Offline Points: 5 |
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Posted: 30 Jun 2010 at 1:26am |
I went to the border to jump through more hoops tonight. I carefully asked the officer why he had taken my visitor's visa off me. He said because he wasn't satisfied I would fulfil the terms of my visitor's visa by not working. I said 'guilty until proven innocent' and he said 'yes'. He also said I could appeal. All we wanted was to be allowed to stay til the end of our visitor's visas with the hope our permanent residency would meanwhile come through. If not, so be it. We don't have to work. My business can run without me working and we have money in the bank.
My question now is, what is the process for appealing? All I can find is info on appealing removal orders for people who already have their permanent residency. Any advice would be appreciated.
Thanks
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Joybug
New Member Joined: 19 Jun 2010 Status: Offline Points: 5 |
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So after ringing immigration and asking my best course of action, (not wanting to have a removal order issued against me and affecting my permanent residency application), I thought I would leave Canada and re-enter on my visitor's visa which was valid until Sept 30.
Instead, border control said because I was self employed, they were taking it off me as they thought I would continue to work. Obviously guilty until proven innocent. And, they ordered me to leave the country by July 31st. Never mind he said encouragingly, because your child is Canadian, they'll probably hurry your permanent residency application through and it'll be done in 2 months....
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Joybug
New Member Joined: 19 Jun 2010 Status: Offline Points: 5 |
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Terrific
That takes the pressure off thanks. Time to sell the cars and organize shipping etc.
Thanks for the help, I appreciate your time.
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visitor
Junior Member Joined: 03 Mar 2010 Status: Offline Points: 25 |
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As to the appeal process, you can ask for a judicial review... but is it worth it?
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visitor
Junior Member Joined: 03 Mar 2010 Status: Offline Points: 25 |
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If your visitor visa is single you cannot re-enter. If it is multiple you can leave and come back again
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visitor
Junior Member Joined: 03 Mar 2010 Status: Offline Points: 25 |
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Joybug,
You can stay as a visitor without any problems until your visa expires but you are not authorized to work anymore. |
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Joybug
New Member Joined: 19 Jun 2010 Status: Offline Points: 5 |
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Is my visitor's visa still valid? We can't wait out in the States as I am from NZ and my husband is from the UK and our baby is Canadian.
Are we legally able to stay in Canada til our visitors' visas expire?
Thanks
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canvis2006
Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574 |
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There can be no appeals for refusal of work permit/visas.
You can apply again if you can satisfy the conditions for issuance of such a visa, etc Otherwise you can exit, and then return on visit to wind up your business, etc and wait out the PR visa outside of Canada (probably in US) |
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Joybug
New Member Joined: 19 Jun 2010 Status: Offline Points: 5 |
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I had a work visa because of my husband's skilled work visa. I am self employed and started my own business with a Canadian citizen. In Dec 09 we applied for permanent residency under the Canadian Experience scheme. We just went for our medicals and have been told we do not require an interview and depending on paperwork/time it should take 2-6 months to finalise. I applied for an extension to my work visa in Feb, before our work visas ran out. I found out today this has been denied under the entrepeneur/self employed category.
The form I received in the mail today says I have to get out of Canada pronto. But, I have a valid visitor's visa until Sept 30, 2010.
Thanks for any advice you can offer.
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