Applying study permit after exclusion order.

[Dandan6]

Situation:
My boyfriend was issued an exclusion order because he was accused that he tried to work in Canada. He was actually applying for BCIT in Vancouver. The school will start at September, however, his school agent lied to him and told him that he could receive his study permit by the end of February. Because of that, he started his training on Feb 7 and then was caught by border officer on Feb 9. Therefore, two days of training, no pay, no contract, no final agreement of hiring. He is now having a 1 year exclusion order. We found a lawyer, he told us that this record will affect his future entry to Canada. We are thinking to appeal which will cost approximately 30,000 (lawyer fees+application fee, need to borrow from parents). He had his school application record can approve he was applying for school at that time.
My questions are:
Can he still enter Canada to study?
Will the exclusion order record will affect his future school application and study permit application?
Should we apply a ARC on this case since the enrolment of his school only occur once a year, and it is September.

Please please if someone can help me answer those questions above.
The lawyer side it is a very big problem...but the border officer denied it is a serious problem.
Who should I believe?

Dandan

 

[scylla]

I wouldn't bother appealing or applying for an ARC. The exclusion order was correctly issued since your boyfriend did in fact work illegally. CIC will hold him responsible for understanding the terms of his stay in Canada and ensuring he follows the law - blaming the school agent won't work. Also, while you can work on a study permit - it is illegal to start working before you begin classes. So even if your boyfriend had received the study permit in Feb, he wouldn't have been able to legally start working until his full time classes started in September. I don't see what grounds you have for appeal. To win an appeal, you would have to prove that your boyfriend didn't actually complete the training. I think any money paid to a lawyer for an appeal will be a complete waste.

As for the ARC, for exclusion orders, CIC takes their sweet time processing them. Based on what we've seen on this forum, an ARC for an exclusion order typically takes as long to process as the exclusion order is valid. So you can certainly try - but be prepared that it may take until next Feb to process.

The exclusion order prevents him from entering Canada for any reason for a full year - including for study purposes. So no - he absolutely cannot enter Canada to study over the next year. He cannot even visit. He has to remain outside of Canada for the full year.

 

[Dandan6]

Thank you for your detailed reply. No he didn't complete the training. The employer stated that he will hire my boyfriend only until he can legally work in Canada. And my boyfriend agreed with that. My boyfriend wanted to filled his time until the school start as well as practice his English... We also planned to go back to our country during this coming summer vacation.
The 12 month didn't brother us. What really bothered us was the exclusion order record. They said it wis a serious record which will prevent him entering Canada for any reason. We are so afraid that this record will affect his future application for school.
Thank you very much.

 

[scylla]

Sorry - I should have been more clear. It doesn't matter if he fully completed the training. If he attended ANY training - that's working illegally and the exclusion order was correctly applied. Based on your email, he attended at least one day (if not two?) of training. Therefore he did work illegally, the exclusion order was correctly applied and there's really nothing to appeal.

It's possible the exclusion order could impact a future study permit application to Canada since it demonstrates that he has abused his visa/visitor privileges previously. He will have to work harder to demonstrate he has strong ties to his home country and has no plans on remaining in Canada long term to be approved for the study permit. What is his home country?

 

[Dandan6]

Sad...
We both from China. We are here for schools only. We just want to gain more study-abroad experience before we go back to our home country.
Thank you very much.

 

[scylla]

All you can really do is apply for the study permit once his exclusion order is over next year and hope for the best. It's certainly possible he may be approved. He should not try to enter Canada (e.g. as a visitor) or apply for entry to Canada until the exclusion order expires next February.

I would also recommend he spend more time familiarizing himself with Canadian immigration law. Again, even if he had an approved study permit, if he had started working before his classes started in September - this would have been illegal work (it is against the law to being working before your classes start). It is HIS responsibility to understand these rules. This is not the school agent's responsibility and certainly not his employer's responsibility. He cannot blame anyone for the situation he is in. He is in this situation because he failed to do his research and broke the law.