Extension trouble, help greatly appreciated.
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Category: Canada Immigration Topics
Forum Name: Family Class Sponsorship
Forum Description: A review of current sponsorship programs (permanent residence) promoting the reunion in Canada of close relatives from abroad.
URL: https://secure.immigration.ca/forum/forum_posts.asp?TID=4427
Printed Date: 23 Apr 2024 at 10:57am
Topic: Extension trouble, help greatly appreciated.
Posted By: Miss Angeh
Subject: Extension trouble, help greatly appreciated.
Date Posted: 11 Oct 2010 at 2:20pm
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I wasn't exactly sure if this should be here and I'm terribly sorry if it's not. I spent two weeks in London, England with my common-law husband [British] and then we both returned to Canada. (Sept. 12, 2010) Upon arrival in New Brunswick we got through the arrival customs but before leaving baggage claim we were told to wait. We were taken into the CIC office in arrivals and were questioned. The man asked what our intentions were and we told him I was coming home and my partner was coming for the 6 month legal visit to get a feel for the country and get used to things before doing whatever it took to get him here properly and legally for PR. Right off the bat he told us we couldnt do that and he could never accomplish this while in the country. He then asked what I was doing in the UK and I said visiting, he asked where we were and what money I/we had. I told him the exact address of the hotel and that I had taken care of children and he laughed at me and said that I was lying, there's no way I could have paid for it like that. He asked us a few more questions and got upset when we had given him the proper answer for everything. We've been together nearly 3 years and have done our research into him moving here. He said we were just trying to be smart and make fun of him. He called my partner James Bond, ChooChoo and a few other names. He then asked where I lived/where we would be staying. I told him and he laughed out loud hard said I was lying, where do I really live and stop with the antics. We told him my mother was sitting in the waiting room and could verify everything we had told him and he said maybe he will go get her. Then instantly said 'there's no point because her story won't match up with yours and I'll just be wasting my time'. He told us we look suspicious and he doesn't like us and that my partner HAD to be out of HIS country by January 2nd, 2011. While we were waiting for him to print off the removal order he spoke in french to the other official in the office with him making fun of us in french. (I could understand what he was saying as I'm fluent with it.) Saying that we made up the entire thing and we didn't really stay in a hotel (he wouldnt let me get the receipt for proof), that we were just trying to scam everyone and went on an entire rant making us seem like we're criminals. After they had a good laugh over it the man came back to the desk and explained the removal order, however he did not say which removal order it is and he had printed it off in french because he was speaking in french while drawing it up and that he would not reprint it because he didn't feel like it even though my partner can not understand a word of it. We've been to our lawyer and she suggested we apply for the extension of the order to stay the full 6 months, which we were already doing and to come back to her when we got the form to fill out. We rang the number given to us on the removal order and he ordered the extention form. It said it would arrive in 5-7 working days. To date it's been 21 days and we still haven't received the form. Does anyone have any advice that could help us in the mean time? We're going to see our local MLA tomorrow but we just don't know what else to do. Your help is greatly appreciated, thank you very much. |
Replies:
Posted By: francohoosier
Date Posted: 11 Oct 2010 at 4:09pm
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Wow, I'm so sorry you had to go through all this and I hope it resolves itself quickly and fairly! I can't believe the I/O even mocked you! People like that should not be allowed to work as I/O's - he did NOT treat you according to the law at ALL. I don't know if your lawyer suggested this, but in your place, I would take all the evidence you had with you at the time and see about contacting a supervisor at CIC to file a complaint against that officer. The way he treated you was completely uncalled for. I had a bad experience trying to cross (land border) in Ontario once (the officer saw us speak French to one another and immediately changed his tone, grilled us, then denied us entry). When we drove further and crossed in Québec the next day, the officer there told us that we had the right to file a complaint. I don't know if bringing the situation to light will help with your partner's status, but it's worth a try in my opinion. Unfortunately I don't know much about removal orders. I had the impression that a removal order was effective immediately? Did they issue him a visitor record or any other documentation? If it's been 3 times the normal processing period to receive the form you need, I would definitely give them another call to figure out what the hold-up is. Also, it might be handy to go online and order your husband's CAIPS notes (commentary written by immigration officers) to see what your officer officially put down as reason for rejecting him, among other things. Here's the link for that: http:// www.cic.gc.ca/english/pdf/kits/forms/IMM5475E.pdf - http://www.cic.gc.ca/english/pdf/kits/forms/IMM5475E.pdf Ordering them may take 1+ months though. :/ I wish I had better advice to offer, but best of luck with your situation! ------------- 1/31/11: App sent to CPC-M 2/11/11: App rec'vd 3/10/11: Decision made, sent to Buffalo 3/21/11: CSQ app sent to MICC 3/24/11: Buffalo rec'vd 4/5/11: CSQ issued 7/13/11: AOR (forced after inquiry) |
Posted By: GabGil
Date Posted: 11 Oct 2010 at 4:49pm
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You may want to check out the manual about port of entry examinations: http://www.cic.gc.ca/english/resources/manuals/enf/enf04-eng.pdf In particular in Section 13 you may find something useful. Unfortunately an immigration officer has the right to limit the allowed time on a visitor visa to less than 6 months. But if you think he did not follow the procedures, you should complain. In my opinion your husband should also let his embassy know the way he was treated. G. |
Posted By: matthewc
Date Posted: 11 Oct 2010 at 7:54pm
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Ouch. Just goes to show even visa-exempt FNs can have problems. What exactly does the paperwork you were issued say? If it is a removal order, be sure to comply with any conditions, or you'll end up with much greater problems in the long run. ------------- https://ecas.carroll.org.uk - e-CAS Tracker - Get notified when your e-CAS changes |
Posted By: Miss Angeh
Date Posted: 11 Oct 2010 at 8:38pm
| This is the husband with the problems posting now, the peice of paper limits my stay to 90 days im not sure if its a removal order or not because the IO printed it all in french and refused to do an english one |
Posted By: francohoosier
Date Posted: 11 Oct 2010 at 8:52pm
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If you like, type out what it says on the document, I can translate it for you. ------------- 1/31/11: App sent to CPC-M 2/11/11: App rec'vd 3/10/11: Decision made, sent to Buffalo 3/21/11: CSQ app sent to MICC 3/24/11: Buffalo rec'vd 4/5/11: CSQ issued 7/13/11: AOR (forced after inquiry) |
Posted By: canvis2006
Date Posted: 11 Oct 2010 at 10:27pm
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looks like you guys revealed a lot of info - upon entering the country. You have to remember that despite being together for that long, as far as Immigration Canada was/is concerned, you (foreign spouse) are still considered a foreign national and must be thoroughly examined @ POE. Simply because you haven't started any paperwork/process yet so they don't tend to believe it....they got nothing in the system about your 'relationship' existing.... Of course the "accompanying" Canadian (spouse) revealed a lot about you both(e.g. relationship) , otherwise normally the Canadians never have to be questioned by "immigration", all they do is pass through customs and they're out into the baggage hall.... It seems you both dealt with Immigration Canada, and they issued you a 90-day visitor record......otherwise they would not have even let you into the country.....now you can apply for extension, start the sponsorship process etc, whatever applies. It seems the officer was having a bad day, or being tough, but you 2 played right into their hands by telling them too much right off the bat. Hope you have a pleasant stay in the country and good luck. |
Posted By: dpenabill
Date Posted: 12 Oct 2010 at 5:26am
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Once things go a bit sideways at the POE they usually stay sideways; not being sent right home is a sign they did not go all too badly. First mistake: assuming a visa-exempt FN can actually enter Canada planning to stay six months. How long a visa-exempt FN is allowed to enter Canada for is absolutely for the CBSA officer conducting immigration duty at the POE to decide. Displaying a presumption of being able to stay for six months is sure to put a great many CBSA officers off, and again, once things go sideways at the POE they tend to be difficult. Second mistake: as canvis2006 said: you gave too much information right up front, revealing all sorts of reasons why your partner might be inclined to stay longer than six months (being in a committed relationship with a Canadian for one), and the questions about how he would be supported financially while in Canada without working are standard, particularly for anyone expressing an intent to stay for an extended period of time (like several months). As others have suggested, the paper is most likely a standard Visitor's Record with a must leave by date. You can apply to extend this; the application is available online -- you can also apply to extend online, but for now it is probably better to download the pdf form of the application and submit it in hardcopy by courier (to get confirmation of delivery before the Visitor's Record must leave by date). It is easier to submit supplemental documents and information via a hardcopy submission. There is little or nothing to be gained in focusing on the original POE experience (I went through more than a few difficult POE experiences, and over the course of time was issued short-term Visitor Records along with being emphatically "admonished" and so on . . . no big deal really, part of being a foreigner asking to be allowed into the country); best to focus on sorting out your plans and if sponsorship for PR is likely, then get the application forms and start the work necessary to put the application together. Takes time. Takes effort. No one else can do it as well as you two can. Read the instructions. Then read them again. And again (after awhile, letting them steep a bit one might say). ------------- 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 |
Posted By: Miss Angeh
Date Posted: 12 Oct 2010 at 7:46am
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@Canvis2006 We know it's a lot of information but he was demanding to know it and when we said isn't that a little personal or something that has no general concern of his related to what we were doing he said we were just suspicious and hiding stuff from him. We never said he'd stay longer than the allowed 6 months, he was planning to go back to England and then do everything from there so we couldnt be blamed for trying to scheme the country. The officer told us there is no way for us to extend it online we had to ring the number on the back of the order and kept saying that we'll never get anywheres as long as he's in HIS country. Thanks for the help. :) |
Posted By: matthewc
Date Posted: 12 Oct 2010 at 11:39am
Right, but there's the problem. Like dpenabill was saying - you assumed he was allowed to stay 6 months. I won't defend the IO, clearly they were appalling towards you, but you gave them tons of red flags to indicate he might not be a genuine visitor. Even though you know he planned to leave Canada again, there was nothing really showing the IO that was the case. Put it behind you, and get on with applying for PR - and making sure that what you have is actually a VR not something more serious. ------------- https://ecas.carroll.org.uk - e-CAS Tracker - Get notified when your e-CAS changes |
Miss Angeh wrote:Posted By: matthewc
Date Posted: 12 Oct 2010 at 11:41am
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Oh, and if you're already common-law (lived together for 1 year continuously already) don't go waiting until he's back in England to file the PR application. Do it now. You can do that via London even though he's visiting Canada - totally allowed. There's a chance you'll be done before 6 months is up and he won't have to leave Canada at all, and your extension application for his visitor status is far more likely to be approved if you include proof that you have the PR app submitted. ------------- https://ecas.carroll.org.uk - e-CAS Tracker - Get notified when your e-CAS changes |
Posted By: Miss Angeh
Date Posted: 12 Oct 2010 at 4:37pm
| ok im reading through the PR application and it says i have to be present in canada for at least 750 days out of 5 years dose that mean i have to have a place to stay because i do and so forth or dose it mean i have to have been in canada for 750 days befor i can apply |
Posted By: audball
Date Posted: 12 Oct 2010 at 5:15pm
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You must be looking at the wrong application. You do not need to spend any time in Canada before applying for PR. http://www.cic.gc.ca/english/information/applications/fc.asp#immigrate - http://www.cic.gc.ca/english/information/applications/fc.asp#immigrate |
Posted By: Miss Angeh
Date Posted: 12 Oct 2010 at 5:18pm
i wish to live and work in canada but im not classed as a skilled worker so do i put it as canadian experience |
Posted By: audball
Date Posted: 12 Oct 2010 at 5:44pm
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Aren't you being sponsored? You can be sponsored by a common law partner if you can prove that you lived together for 1 year or have gotten married. You won't be able to apply experience class yet. |
Posted By: Miss Angeh
Date Posted: 12 Oct 2010 at 5:45pm
| Nope because me and my partner do not come under common law yet. found out today |
Posted By: audball
Date Posted: 12 Oct 2010 at 5:48pm
| are there wedding plans or are you looking for another way to gain PR? |
Posted By: valy79
Date Posted: 12 Oct 2010 at 5:51pm
You can't do that. For applying under Canadian Experience Class you would have to have lived AND worked in Canada for at least 2 years, OR have graduated from a Canadian university or similar. It seems to me that your only chances are either to get married or wait until you qualify as common-law partners and then get sponsored. |
Posted By: Miss Angeh
Date Posted: 12 Oct 2010 at 6:03pm
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not going to have time they will send me back to england long befor that all i want to do is live here with my long term girlfriend and make a life for ourselfs but the more i look into PR cards the more comfussed i become we looked into getting married but the IOs will just see it as a was to skip out on the system and not allow it |
Posted By: audball
Date Posted: 12 Oct 2010 at 6:07pm
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If you guys want to get married, do it. You have a long history to back you up and for CIC to see that you're a real couple. My husband and I were married 2 weeks before applying for PR and were approved no problem. If you don't want to get married, look into other options. You could try to get a work permit for 1 year and then apply common law. http://www.bunac.org/uk/workcanada/ - http://www.bunac.org/uk/workcanada/ |
Posted By: francohoosier
Date Posted: 12 Oct 2010 at 6:13pm
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Also, it may be too expensive, but studying is another option. It would give you the foundation to get a post-graduate work permit and then apply in the canadian experience class. ------------- 1/31/11: App sent to CPC-M 2/11/11: App rec'vd 3/10/11: Decision made, sent to Buffalo 3/21/11: CSQ app sent to MICC 3/24/11: Buffalo rec'vd 4/5/11: CSQ issued 7/13/11: AOR (forced after inquiry) |
Posted By: valy79
Date Posted: 13 Oct 2010 at 1:09am
Well, unfortunately that's not how the system works... Maybe your girlfriend could live with you in England for a year, then you would qualify as common-law as well. Easiest and quickest would be marriage (I personally don't especially like the idea of getting married under this type of pressure, but if your relationship is serious and committed, why not...) The only other option would be trying to get a work permit first. That would give you the time to live with her in Canada, and again qualify as common-law. Not sure what type of qualification you have/how easy it would be for you to get one, but you should look into it! |
Posted By: Miss Angeh
Date Posted: 14 Oct 2010 at 8:58am
Thank you all for your help, we really do appreciate it.  We found the extension application online thanks to you folks and we also finally got through and spoke to an agent over the phone at CIC call centre. That being done we have good news and are absolutely thrilled to really get into it.  xxx 
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