Study permit refusal/ overstaying status/ exclusion order/ common law application

[ViSey]

Hello,

I applied for my study permit extension by myself last year in May and it got rejected this year in March, the reasons being that I worked without authorization (12-hour home care shifts in the semester I wasn't enrolled in uni) and because I didn't comply with my study schedule ( I wasn't able to register for fall 2022 and worked full-time but registered for winter and summer 2023 and worked part-time). And I couldn't register for any courses while I waited for my extension approval from the advice I got from my University's immigration department. Also, I'm in my 4th year now with just 2 semesters left.
I reapplied for restoration of my study permit but submitted it 1 day late after the 90-day grace period, which made me out of status and I was told to leave Canada for a year because I overstayed my visa, and my study permit restoration was rejected again because of the exclusion order and because I wasn't enrolled in school.
I am currently working on a common law application with my partner of 2 years and was wondering about the possibility of the application getting approved with the exclusion order i have in place, and if it would grant me a stay of removal? Also, I'm planning on involving a Member of Parliament but I'm not sure what difference it would make. And i was also wondering if getting a lawyer for the common law application is needed for better chances or there's no need. Also if I weren't be granted a stay of removal, is it advisable to leave the country and come back after 1 year or should I fight anyway and exhaust all my options because I heard it's hard to obtain a visa after being served a removal order.
Also, I'm not sure what application would be better for my case between inland or outland common law sponsorship application.

 

[canuck78]

Hello,

I applied for my study permit extension by myself last year in May and it got rejected this year in March, the reasons being that I worked without authorization (12-hour home care shifts in the semester I wasn't enrolled in uni) and because I didn't comply with my study schedule ( I wasn't able to register for fall 2022 and worked full-time but registered for winter and summer 2023 and worked part-time). And I couldn't register for any courses while I waited for my extension approval from the advice I got from my University's immigration department. Also, I'm in my 4th year now with just 2 semesters left.
I reapplied for restoration of my study permit but submitted it 1 day late after the 90-day grace period, which made me out of status and I was told to leave Canada for a year because I overstayed my visa, and my study permit restoration was rejected again because of the exclusion order and because I wasn't enrolled in school.
I am currently working on a common law application with my partner of 2 years and was wondering about the possibility of the application getting approved with the exclusion order i have in place, and if it would grant me a stay of removal? Also, I'm planning on involving a Member of Parliament but I'm not sure what difference it would make. And i was also wondering if getting a lawyer for the common law application is needed for better chances or there's no need. Also if I weren't be granted a stay of removal, is it advisable to leave the country and come back after 1 year or should I fight anyway and exhaust all my options because I heard it's hard to obtain a visa after being served a removal order.
Also, I'm not sure what application would be better for my case between inland or outland common law sponsorship application.

What do you mean you are on your 4th year now? You had to stop studying in March.

 

[scylla]

Hello,

I applied for my study permit extension by myself last year in May and it got rejected this year in March, the reasons being that I worked without authorization (12-hour home care shifts in the semester I wasn't enrolled in uni) and because I didn't comply with my study schedule ( I wasn't able to register for fall 2022 and worked full-time but registered for winter and summer 2023 and worked part-time). And I couldn't register for any courses while I waited for my extension approval from the advice I got from my University's immigration department. Also, I'm in my 4th year now with just 2 semesters left.
I reapplied for restoration of my study permit but submitted it 1 day late after the 90-day grace period, which made me out of status and I was told to leave Canada for a year because I overstayed my visa, and my study permit restoration was rejected again because of the exclusion order and because I wasn't enrolled in school.
I am currently working on a common law application with my partner of 2 years and was wondering about the possibility of the application getting approved with the exclusion order i have in place, and if it would grant me a stay of removal? Also, I'm planning on involving a Member of Parliament but I'm not sure what difference it would make. And i was also wondering if getting a lawyer for the common law application is needed for better chances or there's no need. Also if I weren't be granted a stay of removal, is it advisable to leave the country and come back after 1 year or should I fight anyway and exhaust all my options because I heard it's hard to obtain a visa after being served a removal order.
Also, I'm not sure what application would be better for my case between inland or outland common law sponsorship application.

You need to be speaking with an immigration lawyer, not your MP. MPs are not immigration experts and your situation is very complex. They also cannot influence IRCC decisions. Talk to a good immigration lawyer asap.

 

[ViSey]

What do you mean you are on your 4th year now? You had to stop studying in March.

I’m in my last year in university, i enrolled 2020

 

[ViSey]

You need to be speaking with an immigration lawyer, not your MP. MPs are not immigration experts and your situation is very complex. They also cannot influence IRCC decisions. Talk to a good immigration lawyer asap.

Okay, thanks!

 

[abff08f4813c]

I definitely agree with the advice to seek a qualified lawyer.

That said I think there are a couple of points that can be filled in here.

I am currently working on a common law application with my partner of 2 years and was wondering about the possibility of the application getting approved with the exclusion order i have in place, and if it would grant me a stay of removal?

No, now that you have the exclusion order in place it's too late for that to help. As per https://www.cicnews.com/2020/06/spo...artners-for-canadian-immigration-0614777.html it won't overcome a removal order.

This is echoed on this forum, where in a different thread it's pointed out that there is a public policy that helps those sponsored by spouses but only for inland apps, AND it must be started before the removal order comes in: https://www.canadavisa.com/canada-i...orship-exclusion-letter.836901/#post-10759868

Also, I'm not sure what application would be better for my case between inland or outland common law sponsorship application.

As shown in https://www.canadavisa.com/canada-i...s/exclusion-order.846015/page-2#post-10872626 you'll likely have to leave Canada and do an outland sponsorship. Since doing it inland this late won't save you from having to leave, and once you've left the inland app can't continue.

And i was also wondering if getting a lawyer for the common law application is needed for better chances or there's no need.

Yes. Even just for the sponsorship part, you've got a complex case before of the technical overstay and exclusion order. So this is not the time to take your chances on a mistake. You're gonna want to make sure every i is dotted and t is crossed.

Also if I weren't be granted a stay of removal, is it advisable to leave the country and come back after 1 year or should I fight anyway and exhaust all my options because I heard it's hard to obtain a visa after being served a removal order.

It is harder to obtain a visa after a removal order, but I think it's hardest when it's for a truly temporary purpose (e.g. you say you wanna come back to study again or a temp foreign worker).

In your case I'm guessing you wanna get a visa to enter Canada while the sponsorship application is in processing? It's still harde but it does happen that you get a TRV approved under dual intent - see https://www.canadavisa.com/canada-i...ng-to-canada-after-one-year-exclusion.828392/ for an example of this. But that person also followed the advice of a lawyer before trying, so, well, you know...