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MortimerSnerd View Drop Down
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Joined: 10 Oct 2010
Location: Van Isle
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    Posted: 22 Sep 2011 at 1:30am
I read in a previous post that by applying for an extension, and then if you do get turned down, you have opened yourself up to the probability that you will be denied another visit for many years to come only because the denial will now be a notation on your passport. Is this true? If so, why bother spend the 75$ only to place yourself in this terrible Catch 22 position? If you simply overstay you also run the risk of denial... yet if you do it properly you also run the risk of denial... which is the least risk?

My Mexican wife briefly considered trying a flagpole 1 month trip back to Mexico City or a visit to the USA to extend her visit hoping they would just re-stamp her passport...she has a USA B1 and 5 year Canadian multiple entry visa. But we have since been told that you probably can't do that.

We have't tried an inland spousal PR application because she has the full-time care of a Aspergers/high functioning Autistic daughter (She's quite a handful being incredibly smart and a total idiot at the same time), and who also has the required visas. We were fearful of a medical rejection of the entire application because of her condition... and we can't afford the lawyers, and years of appeals.         

Any ideas... or are we hooped?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pmm Quote  Post ReplyReply Direct Link To This Post Posted: 22 Sep 2011 at 2:34pm
Hi

Originally posted by MortimerSnerd MortimerSnerd wrote:

I read in a previous post that by applying for an extension, and then if you do get turned down, you have opened yourself up to the probability that you will be denied another visit for many years to come only because the denial will now be a notation on your passport. Is this true? If so, why bother spend the 75$ only to place yourself in this terrible Catch 22 position? If you simply overstay you also run the risk of denial... yet if you do it properly you also run the risk of denial... which is the least risk?My Mexican wife briefly considered trying a flagpole 1 month trip back to Mexico City or a visit to the USA to extend her visit hoping they would just re-stamp her passport...she has a USA B1 and 5 year Canadian multiple entry visa. But we have since been told that you probably can't do that.We have't tried an inland spousal PR application because she has the full-time care of a Aspergers/high functioning Autistic daughter (She's quite a handful being incredibly smart and a total idiot at the same time), and who also has the required visas. We were fearful of a medical rejection of the entire application because of her condition... and we can't afford the lawyers, and years of appeals.          Any ideas... or are we hooped?


1. Second question first. I really don't know why you are not sponsoring your wife and her daughter. As spousal applicants and their dependents (her daughter) can't be refused for excessive demand. See:

Health grounds

38. (1) A foreign national is inadmissible on health grounds if their health condition
(a) is likely to be a danger to public health;
(b) is likely to be a danger to public safety; or
(c) might reasonably be expected to cause excessive demand on health or social services.

Exception

(2) Paragraph (1)(c) does not apply in the case of a foreign national who
(a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;
(b) has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
(c) is a protected person; or
(d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c)

She applies for an extension is the best way.
PMM
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