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Extension of work visa denied. Appeal?

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Joybug View Drop Down
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    Posted: 19 Jun 2010 at 12:50am

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. 
  1. My questions are if I leave Canada, can I reenter on my visitor's visa so I can make arrangements to move countries (ie shipping the household, moving out, shutting down my business).
  2. Is there any appeal process I can follow that is not going to empty my bank account with lawyers fees?  I am loathe to destroy my business by deserting it when our permanent residency is so close to being achieved.
 Thanks for any advice you can offer.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote canvis2006 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jun 2010 at 9:01am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Joybug Quote  Post ReplyReply Direct Link To This Post Posted: 19 Jun 2010 at 11:40pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote visitor Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2010 at 11:02pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote visitor Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2010 at 11:03pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote visitor Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2010 at 11:05pm
As to the appeal process, you can ask for a judicial review... but is it worth it?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Joybug Quote  Post ReplyReply Direct Link To This Post Posted: 20 Jun 2010 at 11:45pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Joybug Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jun 2010 at 1:49am
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote Joybug Quote  Post ReplyReply Direct Link To This Post 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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