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Has anyone got their status refused while almost getting an ITA?

Sara92

Star Member
Jan 12, 2017
94
7
Edmotnon
Job Offer........
Pre-Assessed..
Unfortunetly even if you will get ita right now, your application will be refused because you are not leggaly in canada. Can i ask if you dont mind, what kind of visa did you hold when you applied for extension and what was reason for rejection?
 

scylla

VIP Member
Jun 8, 2010
93,184
20,657
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
pgwp. for restoration, i applied to college but applied for visitor visa as it was a short term course.
the rejection letter says foreigners need a study permit to study here. Im calling bull on that one. Because their law clearly states u can get a visitor visa if u enrolled in a course that is less than 6 months.

im marching to ottawa. i will knock on Trudeau's office. this is ridiculous. i dont deserve to be in this position.
im going to create a lot of noise in the media. how can they just tell me to leave after contributing like a million dollars into this country's economy.
theyve messed with the wrong girl.

what are they trying to tell me? that i should have just done a fake marriage like thousands of others or did something illegal to migrate? this is ridiculous
Is the course part of a program that is longer than six months? It's not just the one course that has to be less than six months - the entire program has to be less than six months.

What was the course?
 

scylla

VIP Member
Jun 8, 2010
93,184
20,657
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
To answer what is probably your most important question - once restoration is refused, you really have no option but to leave.

You cannot apply for PR while out of status in Canada. So the best option is to leave and wait for ITA.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
but should not that mean they should give me the visa then if they think I dont have strong ties to my home country?

this whole thing is ridiculous. I dont know who is working there. I'll be making some calls to ministers and my MP as he has helped me greatly before as well.
You have no ties to India: no job, property, spouse/children, etc. I think you will find that the laws were followed so not sure what you want your MP to do.
 
Dec 23, 2017
3
0
Is the course part of a program that is longer than six months? It's not just the one course that has to be less than six months - the entire program has to be less than six months.

What was the course?
post grad in HR

Look their law clearly states:

Study Without a Permit


188 (1) A foreign national may study in Canada without a study permit
(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;
(b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;
(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada; or
(d) if they are an Indian.


So you see, it does not say the program OR the course has to be less than six months. Can you read it and go ' yeah program of the course you are taking should be less than 6 months in order to be exempt from permit? No ' and this program required me to take courses independently that dont have to be taken continuously, that is why i applied for the visitor visa.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
well thats worse then they reject your visa and expect you to go to a country you have no ties to.

i dont know. have u ever dealt with an MP? probably not. I have and theyre extremely helpful. I am not sure whats the point of discouraging people from trying all their options.
I actually have had to deal with my MP. Unfortunately they can't change the laws. Wasn't discouraging you from contacting them but you seem to be expecting them to be able to reverse decisions because you have purchased a home in Canada.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
post grad in HR

Look their law clearly states:

Study Without a Permit


188 (1) A foreign national may study in Canada without a study permit
(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;
(b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;
(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada; or
(d) if they are an Indian.


So you see, it does not say the program OR the course has to be less than six months. Can you read it and go ' yeah program of the course you are taking should be less than 6 months in order to be exempt from permit? No ' and this program required me to take courses independently that dont have to be taken continuously, that is why i applied for the visitor visa.
Doesn't mean that your TRV has to be granted.
 

scylla

VIP Member
Jun 8, 2010
93,184
20,657
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
post grad in HR

Look their law clearly states:

Study Without a Permit


188 (1) A foreign national may study in Canada without a study permit
(a) if they are a family member or a member of the private staff of a foreign representative who is properly accredited by the Department of Foreign Affairs and International Trade and who is in Canada to carry out official duties as a diplomatic agent, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any international organization of which Canada is a member;
(b) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of those armed forces;
(c) if the duration of their course or program of studies is six months or less and will be completed within the period for their stay authorized upon entry into Canada; or
(d) if they are an Indian.


So you see, it does not say the program OR the course has to be less than six months. Can you read it and go ' yeah program of the course you are taking should be less than 6 months in order to be exempt from permit? No ' and this program required me to take courses independently that dont have to be taken continuously, that is why i applied for the visitor visa.
Unfortunately this rule doesn't apply to you. You've misinterpreted the law. Again, it's not the length of the individual course - it's the length of the program that matters. So you were correctly refused. A study permit is required since the length of the post grad is more than six months. Yes - courses that are less than six month can be completed on a visitor visa. However this applies to independent courses only (e.g. four month ESL course) - not courses that are part of a longer program. It's unfortunate you didn't find this forum earlier. We would have let you know that refusal was guaranteed and would have instead guided you to apply for a study permit.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
pgwp. for restoration, i applied to college but applied for visitor visa as it was a short term course.
the rejection letter says foreigners need a study permit to study here. Im calling bull on that one. Because their law clearly states u can get a visitor visa if u enrolled in a course that is less than 6 months.

im marching to ottawa. i will knock on Trudeau's office. this is ridiculous. i dont deserve to be in this position.
im going to create a lot of noise in the media. how can they just tell me to leave after contributing like a million dollars into this country's economy.
theyve messed with the wrong girl.

what are they trying to tell me? that i should have just done a fake marriage like thousands of others or did something illegal to migrate? this is ridiculous
Good luck "marching to ottawa" and "creating noise in the media". The honest truth is that no one will care.

As said above, you need to leave Canada. There are no options left for you to regain legal status in Canada and you will not qualify for PR while here illegally.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
looking down on others and shut down their ray of hope is not any way to feel about your own life.

Really? You will just end your post on telling me I have no options? Since you are all about facts, you could have also stated positive facts like, I can go to a laywer or contact a minister or apply from my home country or that going back doesn't not mean my PR application will get rejected.

So you discouraging me by incorrectly me I have no options is wrong and biased.

Yeah you sound like someone who really wants to help others.

I dont plan to live in fear like some people here. Canadians are not perfect. Far from that. I'll be taking my case to ministers and MPs and they will accommodate me.

Before criticizing other people for their attitude you should probably look at your own.

"im marching to ottawa. i will knock on Trudeau'soffice. this is ridiculous. i dont deserve to be in this position.
im going to create a lot of noise in the media. how can they just tell me to leave after contributing like a million dollars into this country's economy.
theyve messed with the wrong girl."

"I'll be taking my case to ministers and MPs and theywill accommodate me."
 

000111222

Star Member
Aug 23, 2017
113
67
I think you just applied for the wrong visa. If people could use visitor visas for programs that are long duration by just citing a short duration part of the program, the system would fall apart from abuse. It's a mistake on your part, admit it and move on to fix it. You can try knocking on the doors of power, but this is not an interpretation error on the part of the system, this is an interpretation error on your part.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
looking down on others and shut down their ray of hope is not any way to feel about your own life.

Really? You will just end your post on telling me I have no options? Since you are all about facts, you could have also stated positive facts like, I can go to a laywer or contact a minister or apply from my home country or that going back doesn't not mean my PR application will get rejected.

So you discouraging me by incorrectly me I have no options is wrong and biased.

Yeah you sound like someone who really wants to help others.

I dont plan to live in fear like some people here. Canadians are not perfect. Far from that. I'll be taking my case to ministers and MPs and they will accommodate me.
How exactly did I "look down on you"?

You have one option: leave Canada. A lawyer or MP cannot change immigration law to suit you, so there is no point in contacting them. You have no legal status and no way to restore legal status from within Canada. If you remain illegally, any attempt to apply for PR will be refused. You need to return to your country if you want to apply for PR.

You made a mistake and put yourself in this position. No one is going to "accommodate you", whatever that means. I'm not sure where you get this strange sense of entitlement but you really don't have any right to stay in Canada.
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,798
looking down on others and shut down their ray of hope is not any way to feel about your own life.

Really? You will just end your post on telling me I have no options? Since you are all about facts, you could have also stated positive facts like, I can go to a laywer or contact a minister or apply from my home country or that going back doesn't not mean my PR application will get rejected.

So you discouraging me by incorrectly me I have no options is wrong and biased.

Yeah you sound like someone who really wants to help others.

I dont plan to live in fear like some people here. Canadians are not perfect. Far from that. I'll be taking my case to ministers and MPs and they will accommodate me.
Nobody said you couldn't apply for PR. They just said you need to do it from your home country,

"As said above, you need to leave Canada. There are no options left for you to regain legal status in Canada and you will not qualify for PR while here illegally"