Applying for a request for referral in Canada can seem like a daunting and confusing task. However, try not to panic as we at VisaPlace are going to give you some advice on what to do if such an event occurs.
Why do you need a request for deferral?
This would usually be required after you’d been called for an interview with CBSA (Canada Border Services Agency), and the officer interviewing you has most likely asked you to leave the country in a matter of weeks, requesting that you return on a specific date.
However, you may instead decide that leaving Canada is not the best course of action, due to any number of reasons, such as pending applications for permanent residency, employment, close relatives or family members, ongoing medical conditions, or even a fear of returning to your own country.
How to request for deferral
If you need to submit a request for deferral,VisaPlace can help you submit an application to the supervising officer. This is called a Request for Deferral application, and it will clearly outline your reasons for wishing to stay in the country temporarily. This application will have to be carefully prepared in order to give you the best chance of your deferral being granted, and you may wish to gather evidence or make a strong case for your request to stay in Canada to be seriously considered.
How your request is processed
A decision on your request will usually be made within 10 days of your application. If the deferral is granted, you will be allowed to stay in Canada temporarily for a decided amount of time.
However, if your deferral application is denied, you will have one of two options to choose from; either you accept the decision and return to your home country, or you choose to file a Motion for a Stay at the Federal Court of Canada, opposing the decision. During the Motion of a Stay hearing, your case will be heard before a Federal Court judge, who will then determine whether you should be, at least temporarily, allowed to stay in Canada.
Are you in need of immigration services?
If you are in need of a deferral, advice, or any other immigration services, contact the experts at VisaPlace today. By filling out our online form, you can book an initial consultation to find out more about some of the convenient services we can offer you. We’ll be happy to help with your request for deferral.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
