Visitor record extension refusals

by Michael Scott

A large number of visitors who submitted visitor record extensions in the last year have received a negative decision recently. The exact number of these refusals made from inside Canada are not publicly broken down as a distinct stand-alone statistic by Immigration, Refugees and Citizenship Canada (IRCC) but they are considerable. The refusal rates appear to be well over 50 per cent and many applicants are confused about the implications. Does the refused applicant have to leave immediately? Does the 90-day grace period still apply?

First, it is important that refusals undergo stricter scrutiny and over 2.35 million temporary applications have been rejected without referencing separate metrics. The refusals give generalized reasons for the refusals such as the “purpose of your original stay in Canada has lapsed.” This is not surprising and most are aware that the processing period for their visitor extension was around one year in duration. A lot has changed in this time including the limits on government patience and compassion.

The second observation is that the applicants who submitted their request for an extension of their visit were formerly referred to as “implied” or “assumed” status. However, the recent refusals changed this status to “out of status.” Officially you have 90 days to appeal the refusal, but the 90 days is not counted from the date of your recent refusal letter but rather the date of your visitor record validity date.

Many recipients or their friends and relatives confuse the refusal decision with departure orders, which are specification in nature and have a departure date entered in italics, often in a darker more specific font. You cannot miss it but may not fully appreciate the indicator or absence. IRCC does issue specific departure notices that should not be confused with the refused visitor record extension decisions. The departure notice is a formal decision that requires the addressee to leave the country within a set timeframe. The timeframe is a strict legal requirement, and not a flexible grace period. There is no 90-day window or grace period to be claimed unless you are within the 90-day period following the expiration of your visitor record.

The consequence of non-compliance is serious for those who fail to depart within the time frames or fail to verify their departure from Canada within the time provided. Failure to comply with the departure notice makes you subject to deportation from the country within 30 days. This is the most extreme case, because any future travel to Canada would require the concurrence of the minister. You would have to make a specific request to the minister and provide reasons why you should be allowed into the country for a temporary purpose of on a permanent basis.

Canada issues three distinct types of removal orders through the Canada Border Services Agency (CBSA), which is the enforcement arm of immigration. The first is a departure order (Form IMM 5238), which is the least severe and requires you to leave the country within 30 days. If you comply, and have a record of your compliance, you can return to Canada normally in the future if you meet standard entry rules. Make sure you obtain a signed certificate of departure (Form IMM 0056B) from a CBSA officer at the airport prior to departure as evidence of compliance.

The second removal order is an exclusion order (Form IMM 1214 B), which is more serious than the standard departure order. It bars you from returning to Canada for one year, or five years if the exclusion was issued for misrepresentation. The subject would have to present evidence of compliance with the order and the time exclusion before being granted re-entry.

The most extreme removal order is under a deportation order (Form 5238B), which is a lifetime ban preventing any entry unless the holder obtains a special minister’s dispensation order. This is the most extreme departure notice and the most difficult to overcome.

If you or someone you know is one of the visitors whose request for an extension was refused, you need to be aware that immigration (1) assumes you understand the significance of their refusal decision and (2) that your implied or assumed status has ended. You must depart ASAP. There is no grace period beyond the 90 days following the expiration of your visitor status and you are out of status. In terms of Tagalog, you have become a TNT – “tago nang tago.” It is best to comply with the decision and not compromise future entry.

Michael Scott is a Regulated Canadian Immigration Consultant (RCIC, R525678) who has 30 years of experience with Immigration Canada and the Manitoba Provincial Nominee Program. He currently works as a licensed consultant with Immigration Connexion International Ltd. Contact him at 204-691-1166 or 204-227-0292. E-mail: mscott.ici@gmail.com.