Extend stay rejected

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: Extend stay rejected
  I don´t know if this has been covered. If so, I apologize for the repeat.

My spouse from Germany has been living in Canada for 7 months now as a visitor. He applied to extend his stay for another 6 months and we just recieved the letter rejection letter.

The did not even give him a few days to leave. It says he must leave immidiatly.

Is there anything we can do?

[11-01-2007,20:10]
[**.183.160.23]
Sammy
(in reply to: Extend stay rejected)
have you begun your inland sponsorship application? if not, my understanding is he is out of status and therefore CIC is well within its rights to order your spouse out of the country. I am sure CIC sees an extended visitors visa as a poorly veiled attempt at staying in the country and circumventing proper CIC sponsorship process.


[11-01-2007,22:23]
[***.121.220.199]
Sharon
(in reply to: Extend stay rejected)
We have not begun the process. I just got out of school in Oct and wanted a years backing of income to show I can sponsor him. Iam hoping to start the process summer/fall after we marry. (realized I said spouse and I made it sound like we were already married, soory...oops)

We figured he would have to take a few trips back to Germany throughout all this and he needs to do one soon as he has to renew his passport soon. It was more the You must leave immd. So I am trying to decide if we should go vacation in the states for a few days and upon return just ask for 4-6 weeks so we can get what we need done here in order before he goes back for a few months.

[11-01-2007,23:17]
[**.183.160.23]
Sammy
(in reply to: Extend stay rejected)
Relax and if you want to sponsor him. See the Inland applications and click on the first spousal one in or out of status no big deal. First one out of status second one in status.

If you want to do an overseas one no problem either way he is German and processing times are great.

What is their (CIC-CBSA) definition of immediately hmmmmmm

They have no staff to go looking for him and he has to purchase a ticket that could take some time and since there is no exit permits in Canada he could already be in Germany since the German authorities rarely stamp back in Germans Citizens and if so, one could always get a new PPT when they actually return.

Run on sentence whoops

I hope you understand! Goodnight.

Roy
www.cvimmigration.com

[11-01-2007,23:23]
[**.52.216.41]
Roy
(in reply to: Extend stay rejected)
*update
We went to an Immigration help centre.
The lady helping us called Immigration, and from what we can gather, the reason for our rejection is fine print.

When we came back into Canada my SO asked for 6 weeks. Enough time to apply for an extention.

The officer put on his visitors VISA that he is to leave on *date via Vancouver International Airport.

Because this officer did not put on the VISA that we were applying for an extention, the officer that recieved his application saw it as a contradiction. The paper states he has intent to leave on a certain date, then he applies for an extended stay.

So FYI for anyone in the same situation. Make sure it´s on your VISA paper that you are asking for this extra time so you have time to extend.

As far as him having to leave IMMD It means just that. Whenever it is possible. Flight/money making it able to leave, even if you only have enough to get over to the USA and get stuck, they want you out now.

So we will go to the states this weekend for the day and come back and hope to ask for an extention of 6-8 weeks so we can re apply.

Thanks all :)

[12-01-2007,16:56]
[**.183.160.23]
Sammy
(in reply to: Extend stay rejected)
Please get it right!!!!!!

An entry at a port of entry is just that something different every single time. You are not seeking time to apply for an extension---YOUR SEEKING ENTRY IN YOUR CASE AS A VISITOR!

A visitor is someone entering Canada for a temporary period of time. You can not seek entry to get an extension on your previous stay if it was only a week ago or six months ago or ten years ago or ten seconds ago!

Once you leave your no longer a visitor. Once your guests leave your house they are past tense and no longer guests.

Roy
www.cvimmigration.com

[13-01-2007,08:49]
[**.52.216.107]
Roy
(in reply to: Extend stay rejected)
I´m not sure what you mean.
Could you please clerify?

Do you mean when we come back in we should not be asking for 8 weeks so we can extend?

I just need to be sure what your saying, as we leave tomorrow morning.

Thank you so much for your time.

[13-01-2007,15:39]
[**.183.160.23]
Sammy
(in reply to: Extend stay rejected)
You should not go-----PERIOD!

SINCE THERE ARE NO EXIT VISA FROM CANADA NO ONE KNOPWS WHEN HE LEFT OR DIDN´T LEAVE BECAUSE GERMAN CITIZENS ARE NOT STAMPED BACK IN WHEN RETURNING HOME JUST LIKE HOLDERS OF CANADIAN PASSPORTS ARE NOT STAMPED IN WHEN THEY FLY HOME.

YOU CAN NOPT SEEK ENTRY TO EXTEND A FORMER EXPIRED VISITOR VISA. EVERY ENTRY IS DIFFERENT JUST LIKE EVERY KISS ETC. ETC. IT IS A NEW OCCURANCE AND IS NOT SOMETHING THAT IS CONTINUEING BECAUSE THERE WAS A BREAK BETWEEN VISITS.

[14-01-2007,00:45]
[**.52.216.41]
Roy
(in reply to: Extend stay rejected)
If he doesnt go he is classified as being here illigally. This could hurt us in the future when I want to sponsor him.

If he shouldnt say he wants a few weeks to extend his time here, should he just say he is visiting for a few weeks?

Again, thank you for your help.

[14-01-2007,04:17]
[**.183.160.23]
Sammy
(in reply to: Extend stay rejected)
He is already illegal He Overstayed (7 Months) as per your first posting. Immediately is not when ever.

Like I said if he goes tomorrow or two weeks from now or four weeks from now there are no exit requirements in Canada nor will he be stamped into Germany. If he does not get caught, racing or drunk driving etc. etc. There will be nothing to show he complied with the letter to leave immediately even if he complies and leaves this hour.

Income is not an issue and any sponsor if they meet the conditions can sponsor a partner

Out of status In-Canada http://www.cic.gc.ca/english/applications/spouse.html

In Status In Canada http://www.cic.gc.ca/english/applications/fc.html

Overseas. http://www.cic.gc.ca/english/applications/fc.html

I am not telling you to violate the IRPA I am telling you unless you and he keeps documentary evidence there will be nothing to show he complied with that letter or not so he has already overstayed!

Is he a little overstay or a big overstay?

He overstayed----PERIOD. So decide what to do about the future regarding which sponsorship application you intend to submit and which one is best for both of your personal circumstances.

Roy
www.cvimmigration.com

[14-01-2007,12:54]
[**.52.218.47]
Roy
(in reply to: Extend stay rejected)
My apologies if I didnt explain.

He came here in April and recieved a 6 month Visitors VISA.
In Oct we wanted to extend and found out that we needed 30 days prior to the time it expires to apply and we were too late for that.

So we went to the states for the night and came back and explained to the officer what happened. The officer printed him a new one that expired DEC 5th with the same conditions as the old one (that he had to leave buy this date via vancouver Airport.

So we sent our application off on time for the 30 days (sent it on OCT 30 and his visa expired dec5)

They were so far being that they did not get to his application for over the normal time.

We got the refusal letter Jan 11th. we went down to an immigration help place on the 12th and that is when the lasy helping us called Immigration.

The woman I spoke to at immigration basically said he was refused because the last visitor VISA he got (when we did our day trip) stated he was leaving via Vancouver and then he applies for extended stay. It was contradictory.

I asked her on the 12th what she means by IMMD she said when possible in anyway you can.

So if you live in a country that has flights once a month then your ok until the next one. If you have a few bucks for the bus to go to the states then you have to go now.

She told us this friday. Its now sunday and we leave in 4 hours or so. Today was his feesable and realistic day to leave, so technically he has not been here illigal at all.

The lady spoke with also stated that when he leave he must give his Visitor VISA to a canadian IMMG officer to prove he is leaving.

In status would be better. If they say no when we return I screwed. My SO is the one whe takes care of the house and picks my little one up and drops her off from school and he starts dinner and watches my daughter if im working late ETC. So If they say no I have to change my work schedule and I will get less hours.

He has a few of the bills in his name.we are not sure if when we come back tomorrow if we should show them this or not.

Con....again could be contradictory. He says he will leave after 8 weeks if rejected again yet he obviosly lives here if he has telus bill etc

Pro...they have a contact number for him. If they are worried about him staying after it expires they have a better chance to catch him if they know where to find him etc.


[14-01-2007,15:24]
[**.183.160.23]
Sammy