# Visa REFUSAL...must leave Canada Immediately!! HELP....



## NOC (Nov 1, 2011)

Hi guys

Wondering if anybody could give me their thoughts on our situation. We came to Canada Oct 2010 on a 1 year open work permit. Unfortunately for us our visa had expired before we applied to get a 2nd year visa. So fell into the 90 day rule and applied for restoration of status and a new visa through CIC. We received our refusal letter today. It basically tells us that we now need to leave Canada "IMMEDIATELY".

Can anybody tell me how long you think we have before we are considered a major overstay of this "immediately" statement. I contacted the Immigration hotline and they couldnt give me any answers only that we are not given a time frame, and they know that people need time to sort out their affairs etc but she could not give me a time frame. 

We dont want to jeopradise our chances of getting accepted for a 2nd year visa when we return home, so we would like to stay within this time frame, if possible!!

Ideally we would need 2 months to sort everything out and sell our furniture and make arrangements. Do you think 2 months would put us in danger of really overstaying our overstay!!

Cheers for any feedback and sorry about the post, its probably all over the place just like my mind right now :ranger:


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## Auld Yin (Mar 10, 2009)

IMO, 2 months extra is excessive. I would aim to be away from Canada within one month. Staying longer may jeopardize your return if that's what you intend.


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## NOC (Nov 1, 2011)

Auld Yin said:


> IMO, 2 months extra is excessive. I would aim to be away from Canada within one month. Staying longer may jeopardize your return if that's what you intend.


cheers for your response, I think you might ve right though, two months does seem a bit much. Not good...wasnt expecting a response back so quick, better get packing


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## G-Mo (Aug 17, 2011)

21 days when the same thing happened to my brother-in-law.


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## NOC (Nov 1, 2011)

21 days? Was he told this in his refusal letter do you know or was this just the time frame he decides to leave by? Thanks for your response


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## G-Mo (Aug 17, 2011)

NOC said:


> 21 days? Was he told this in his refusal letter do you know or was this just the time frame he decides to leave by? Thanks for your response


It's what the immigration lawyers told him... He managed to avoid the whole thing by applying instead for PR (spouse) and got a stay while it was processed.


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## NOC (Nov 1, 2011)

Wow ok...this is no time at all and we were definetlt not ready for this! Thanks so much for your input, really appreciate it!


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## EVHB (Feb 11, 2008)

Why did you wait until your visa was expired?


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## NOC (Nov 1, 2011)

That's a long story, it wasn't intentional put it that way.


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## telcoman (Feb 11, 2010)

Go in person to an immigration office & explain the situation. It works better than phone calls. A letter from your employer as to why they need you, would help.


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## arthur111111 (Feb 21, 2012)

*hey*

hi ya,
am just messaging you 2 see wat youve done about the visa refusal. ive just recieved the same thing today. myself and my gf.
our situation sounds exactly like yours.

have you done much since uve been refused? or have u managed 2 get a visa..
we reli dunno what 2 do ourselves, ne help u may have 4 us would be reli appreciated..

i look forward 2 ur reply.
thanks alot arthur


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## G-Mo (Aug 17, 2011)

arthur111111 said:


> hi ya,
> am just messaging you 2 see wat youve done about the visa refusal. ive just recieved the same thing today. myself and my gf.
> our situation sounds exactly like yours.
> 
> ...


Firstly, forum T&Cs specify no text speak. Full complete sentences with proper spelling and punctuation please!!!

Second, if you've been refused... Get out! I'm not being rude, you've been refused, book your flight and go. There's nothing you can do from here unless you marry a Canadian (or find an employer willing to apply for a LMO, but, I still don't think there is time).


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## NOC (Nov 1, 2011)

arthur111111 said:


> hi ya,
> am just messaging you 2 see wat youve done about the visa refusal. ive just recieved the same thing today. myself and my gf.
> our situation sounds exactly like yours.
> 
> ...


Hi Arthur

Well we contacted immigration and explained our situation. Their advise to us was to drive to the nearest border, for us that is Montana and explain our situation. We need time to sell everything, a house full of furniture, car etc and they may infact be able to give us a temporary holiday visa, anything from 3-6 months they can allow, depending on who we deal with!
Also we will need to bring our bank account details to prove we have enough funds to stay for this period.

Once we go back home then we can apply again through the IEC and as we will not have overstayed our "Get out immediately letter", if granted the holiday visa, we should qualify to come back again for another year visa.
We messed up by applying through the CIC instead of the IEC first time, that is where we went wrong.

Hope it works out for you guys, I know how very stressful and daunting this is! Good luck!


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## NOC (Nov 1, 2011)

arthur111111 said:


> hi ya,
> am just messaging you 2 see wat youve done about the visa refusal. ive just recieved the same thing today. myself and my gf.
> our situation sounds exactly like yours.
> 
> ...




Oh and also when we asked what "immediately" was at immigration they advised usually it means 3 weeks.


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## arthur111111 (Feb 21, 2012)

*hey..*

hi ya.
thanks 4 ur info. well we r still in toronto and thinkin about doing that. did you guys say u were working or not working?
we have read different ways around it but unsure what 2 do..
how much did u guys have 2 show in your bank account?

so we should apply 4 holiday visa in your opinion?
we appreciate your help
thanks arthur




NOC said:


> Hi Arthur
> Well we contacted immigration and explained our situation. Their advise to us was to drive to the nearest border, for us that is Montana and explain our situation. We need time to sell everything, a house full of furniture, car etc and they may infact be able to give us a temporary holiday visa, anything from 3-6 months they can allow, depending on who we deal with!
> Also we will need to bring our bank account details to prove we have enough funds to stay for this period.
> 
> ...


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## arthur111111 (Feb 21, 2012)

*hey*

hey,
just another thing, do we have to go back to ireland in order to apply for the visitor visa thing you mentioned?
thanks alot arthur



arthur111111 said:


> hi ya.
> thanks 4 ur info. well we r still in toronto and thinkin about doing that. did you guys say u were working or not working?
> we have read different ways around it but unsure what 2 do..
> how much did u guys have 2 show in your bank account?
> ...


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## NOC (Nov 1, 2011)

telcoman said:


> Go in person to an immigration office & explain the situation. It works better than phone calls. A letter from your employer as to why they need you, would help.


Hi Arthur

I tried to private message you but looks like you dont have that feature enabled! I had a long boring message wrote out but anyway here is the gist of it.

If you are like me and overstayed your visa but applied within the 90 days after expiration for restoration and a visa then you CANNOT work. Do not tell anybody otherwise no matter what you hear!! Straight away they will refuse you. 

Secondly just go to the border do not cross, and explain your situation that you need longer to sell up etc. and could they issue you with a visitor visa. This can be any length of time but at least it will help buy you time here to sort things out.

You would need a few K in your account, but again this depends on who you meet. 
If you get accepted for visitor visa, you can apply to IEC from here, or from home. I know a lot who applied from here and got accepted, Just make sure you get that visitor visa otherwise you will need to leave asap in order to qualify for it back home. It takes about 12 weeks to get. If you overstay your current letter to leave they will more than likely refuse you. Also immigration advised us to keep all letters regarding refusal, and if you are selling things, keep receipts with dates etc, to show when you re-apply for that second visa. It all helps build your case.


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## arthur111111 (Feb 21, 2012)

*hey*

hi,
i didnt realise you could send private texts on this. new 2 this.
but anyhow, is that safe to do?wouldnt you be deported there and then?
suppose our nearest border is niagra falls. can you apply for that over the internet or in emmigration office or anything?
well suppose it worked for you guys!
all your information is very much appreciated. good to get information from someone who actually went through this aswell..




NOC said:


> Hi Arthur
> 
> I tried to private message you but looks like you dont have that feature enabled! I had a long boring message wrote out but anyway here is the gist of it.
> 
> ...


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## NOC (Nov 1, 2011)

arthur111111 said:


> hi,
> i didnt realise you could send private texts on this. new 2 this.
> but anyhow, is that safe to do?wouldnt you be deported there and then?
> suppose our nearest border is niagra falls. can you apply for that over the internet or in emmigration office or anything?
> ...


No they cant deport you there and then, but you could be turned away and told you need to leave immediately. If you have any questions you can also call the hotline on the CIC website. They are confidential and you dont have to give any details, so just be honest, explain your situation and they will give you advise also. Worth ringing twice as we did as different people give you differnt advice. 
You can apply to the IEC on the internet, just look up IEC for Irish, and you will see all the instructions and application forms. Make sure its the Irish one and not the English one.
I wish I had this info when we were looking as it can save so much time. If I were ye I would head to Niagra falls border asap and see what ye can do.

Good Luck!


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## arthur111111 (Feb 21, 2012)

*hey*

yes idd say you guys could of done with more information. if you can think of anything else that might be off help or anything please let us know.
thanks a million...




NOC said:


> No they cant deport you there and then, but you could be turned away and told you need to leave immediately. If you have any questions you can also call the hotline on the CIC website. They are confidential and you dont have to give any details, so just be honest, explain your situation and they will give you advise also. Worth ringing twice as we did as different people give you differnt advice.
> You can apply to the IEC on the internet, just look up IEC for Irish, and you will see all the instructions and application forms. Make sure its the Irish one and not the English one.
> I wish I had this info when we were looking as it can save so much time. If I were ye I would head to Niagra falls border asap and see what ye can do.
> 
> Good Luck!


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