BIG TROUBLE!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Singh_Manminder]

Hi,

Please bear with this long post. I am in a big mess. I received a refusal letter on my restoration status as a Visitor and it was written there "You are hereby a person without a legal status. You should leave Canada immediately or enforcement action must be taken against you." I am sharing my timeline in Canada to help you understand what led to this decision.

1. Aug 2015: I came to Canada on a Student Visa.
2. May 2016: I was on Academic Suspension for poor academic performance.
3. Sept 2016: Returned to college, failed few subjects.
4. Jan- Aug 2017: I was on 2nd Academic Suspension. College refused to let me study for 2 semesters.
5. Sept 2017: My study permit expired.
6. Dec 2017: Applied for study permit restoration. Stopped working & studying legally.
7. Feb 2018: Received my 2nd study permit for 2 years (expiry on 31st March 2020).
8. When I received my approval on Feb 2018, my college changed my program of study. They changed my original 1 year Post Graduation Diploma to 2 years General Program (Arts) which was not my domain of study. I requested college to give me one more chance but they did not consider it. I told them that I am a Commerce Student, I won't be able to study Arts subjects. They did not listen.
9. I went to a immigration consultant. That consultant gave me the option of working at Subway for LMIA.
10. I started working with that employer and he gave me two options: either to work for 1 year with him and get LMIA for free or pay him $35000 and get LMIA from him at that very moment. I did not have that much money so I chose option 1 of working with him for a year to get a free LMIA. I worked for a year on cash with him. He paid me only $400-$500 a month cash. I never said anything to him because I wanted my papers.
11. After 1 year, I went to the same immigration consultant to start my process for LMIA but he always made excuses. He was like "we did a mistake on your pay rate", "we spelled your name wrong on application" and all. I paid him money for his time but I was fooled all along.
12. On March 2020, my 2nd study permit expired. I was so devastated because I did not have anything in my hand now. I told the consultant to file for my LMIA. He told me that we still did not receive any LMIA to apply for your closed work permit. He then applied for my closed work permit which was refused on 20 May 2020 on the basis of that "there was no LMO attached." They wrote in the letter that I have 90 days to restore my status.
13. The immigration consultant told me about this refusal decision on June.
14. I went to few immigration lawyers and they advised me to restore my status as a visitor.
15. I received refusal for my visitor application few days ago. I am told to leave Canada immediately.

These are my 6 years in Canada. All I want is some honest advice on what should I do? Should I just leave? Is there anything I can do to save myself?

Please advise @scylla @canuck78 and all other senior members.

 

[scylla]

Hi,

Please bear with this long post. I am in a big mess. I received a refusal letter on my restoration status as a Visitor and it was written there "You are hereby a person without a legal status. You should leave Canada immediately or enforcement action must be taken against you." I am sharing my timeline in Canada to help you understand what led to this decision.

1. Aug 2015: I came to Canada on a Student Visa.
2. May 2016: I was on Academic Suspension for poor academic performance.
3. Sept 2016: Returned to college, failed few subjects.
4. Jan- Aug 2017: I was on 2nd Academic Suspension. College refused to let me study for 2 semesters.
5. Sept 2017: My study permit expired.
6. Dec 2017: Applied for study permit restoration. Stopped working & studying legally.
7. Feb 2018: Received my 2nd study permit for 2 years (expiry on 31st March 2020).
8. I will be honest. I was working on cash while waiting for my decision. I am not justifying anything but it was a toxic workplace where I was paid peanuts for so much work.
9. When I received my approval on Feb 2018, my college changed my program of study. They changed my original 1 year Post Graduation Diploma to 2 years General Program (Arts) which was not my domain of study. I requested college to give me one more chance but they did not consider it. I told them that I am a Commerce Student, I won't be able to study Arts subjects. They did not listen.
10. I was so naïve & stupid. I took the worst decision of my life. I went to a immigration consultant. That consultant gave me the option of working at Subway for LMIA.
11. I started working with that employer and he gave me two options: either to work for 1 year with him and get LMIA for free or pay him $35000 and get LMIA from him at that very moment. I did not have that much money so I chose option 1 of working with him for a year to get a free LMIA. I worked for a year on cash with him (another grave mistake). He was very toxic and ill mannered, he used to curse a lot and made me work so much but paid me only $400-$500 a month cash. I never said anything to him because I wanted my papers.
12. After 1 year, I went to the same immigration consultant to start my process for LMIA but he always made excuses. He was like "we did a mistake on your pay rate", "we spelled your name wrong on application" and all. I paid him money for his time but I was fooled all along.
13. On March 2020, my 2nd study permit expired. I was so devastated because I did not have anything in my hand now. I told the consultant to file for my LMIA. He told me that we still did not receive any LMIA to apply for your closed work permit. He then applied for my closed work permit which was refused on 20 May 2020 on the basis of that "there was no LMO attached." They wrote in the letter that I have 90 days to restore my status.
14. The immigration consultant told me about this refusal decision on June. I was in severe depression. I wanted to kill myself. I was lost. My mother told me to leave this province and go live with my relatives who were in Ontario. I came here in August.
15. I lived with my relatives and they advised me to apply for refugee. I was not in favor of this. I went to few immigration lawyers and they advised me to restore my status as a visitor.
16. I received refusal for my visitor application few days ago. I am told to leave Canada immediately.

These are my 6 years in Canada which were full of disappointment and failure. I don't see any hope in the future, I am completely destroyed and shattered. I don't know how I will face my parents. This is my worst nightmare. All I want is some honest advice on what should I do? Should I just leave? Is there anything I can do to save myself?

Please advise @scylla @canuck78 and all other senior members.

Your situation is complicated and you would be best to get advice from an immigration lawyer. My comments:

- Applying for refugee status is a bad idea unless you are a genuine refugee and have strong evidence to prove you have personally faced persecution
- Sometimes people apply for H&C when they have no other way to fix their status in Canada. I feel this will be a difficult path for you with a low chance of success given your academic record in Canada and the extent of your illegal work in Canada. These are both very problematic things in your profile.
- I don't think another restoration application will be successful given the first one has been refused and given your history in Canada. None of your illegal work experience can be used towards applying for PR.
- If you happened to be in a genuine relationship (marriage or common law partner) with a Canadian, they would be able to sponsor you. However that doesn't look to be the case.
- I do think the best option for you at this point is to leave Canada. You can't study here and you can't work here. You might as well go somewhere where you can work and study to build up your profile and hopefully qualify to immigrate at a future date.

 

[Singh_Manminder]

@scylla thank you for your quick response. I will not take much of your time but I do have a genuine relation with someone here but he is backing off after listening my story. I am thinking of appealing the removal order? Would you advise that??

 

[Diane Matthie]

Your situation is complicated and you would be best to get advice from an immigration lawyer. My comments:

- Applying for refugee status is a bad idea unless you are a genuine refugee and have strong evidence to prove you have personally faced persecution
- Sometimes people apply for H&C when they have no other way to fix their status in Canada. I feel this will be a difficult path for you with a low chance of success given your academic record in Canada and the extent of your illegal work in Canada. These are both very problematic things in your profile.
- I don't think another restoration application will be successful given the first one has been refused and given your history in Canada. None of your illegal work experience can be used towards applying for PR.
- If you happened to be in a genuine relationship (marriage or common law partner) with a Canadian, they would be able to sponsor you. However that doesn't look to be the case.
- I do think the best option for you at this point is to leave Canada. You can't study here and you can't work here. You might as well go somewhere where you can work and study to build up your profile and hopefully qualify to immigrate at a future date.

Very thoughtful and kind response to someone that is clearly at her worse.

 

[k.h.p.]

@scylla thank you for your quick response. I will not take much of your time but I do have a genuine relation with someone here but he is backing off after listening my story. I am thinking of appealing the removal order? Would you advise that??

On what grounds would you find a way to appeal the removal order? What lawyer would be willing to do that for you?

 

[Singh_Manminder]

On what grounds would you find a way to appeal the removal order? What lawyer would be willing to do that for you?

I am asking if I should do this?

 

[scylla]

I am asking if I should do this?

At this point I think you really need to be working with a good immigration lawyer. This is too complex as a do-it-yourself case.

Something to consider is why you want to restore your status and be able to remain in Canada. If you are successful, this will give you visitor status but you still won't be able to work or attend school - which really gives you no path to PR. If PR is your objective, then as hard as it may seem, the best option is likely to leave Canada and return to your home country to study / work there and build your profile to hopefully qualify for PR.

Hard decision and ultimately up to you what you do.

 

[YVR123]

Hi,

Please bear with this long post. I am in a big mess. I received a refusal letter on my restoration status as a Visitor and it was written there "You are hereby a person without a legal status. You should leave Canada immediately or enforcement action must be taken against you." I am sharing my timeline in Canada to help you understand what led to this decision.

1. Aug 2015: I came to Canada on a Student Visa.
2. May 2016: I was on Academic Suspension for poor academic performance.
3. Sept 2016: Returned to college, failed few subjects.
4. Jan- Aug 2017: I was on 2nd Academic Suspension. College refused to let me study for 2 semesters.
5. Sept 2017: My study permit expired.
6. Dec 2017: Applied for study permit restoration. Stopped working & studying legally.
7. Feb 2018: Received my 2nd study permit for 2 years (expiry on 31st March 2020).
8. When I received my approval on Feb 2018, my college changed my program of study. They changed my original 1 year Post Graduation Diploma to 2 years General Program (Arts) which was not my domain of study. I requested college to give me one more chance but they did not consider it. I told them that I am a Commerce Student, I won't be able to study Arts subjects. They did not listen.
9. I went to a immigration consultant. That consultant gave me the option of working at Subway for LMIA.
10. I started working with that employer and he gave me two options: either to work for 1 year with him and get LMIA for free or pay him $35000 and get LMIA from him at that very moment. I did not have that much money so I chose option 1 of working with him for a year to get a free LMIA. I worked for a year on cash with him. He paid me only $400-$500 a month cash. I never said anything to him because I wanted my papers.
11. After 1 year, I went to the same immigration consultant to start my process for LMIA but he always made excuses. He was like "we did a mistake on your pay rate", "we spelled your name wrong on application" and all. I paid him money for his time but I was fooled all along.
12. On March 2020, my 2nd study permit expired. I was so devastated because I did not have anything in my hand now. I told the consultant to file for my LMIA. He told me that we still did not receive any LMIA to apply for your closed work permit. He then applied for my closed work permit which was refused on 20 May 2020 on the basis of that "there was no LMO attached." They wrote in the letter that I have 90 days to restore my status.
13. The immigration consultant told me about this refusal decision on June.
14. I went to few immigration lawyers and they advised me to restore my status as a visitor.
15. I received refusal for my visitor application few days ago. I am told to leave Canada immediately.

These are my 6 years in Canada. All I want is some honest advice on what should I do? Should I just leave? Is there anything I can do to save myself?

Please advise @scylla @canuck78 and all other senior members.

I don't really have much to add on top of what scylla has already said.

You were out of status when you stop studying (study permit is only valid if you actually continue your study. You stop studying in Feb 2018 when you got your permit. So you were out of status since. It's hard to have any status restore at this point. )

It's sad that you were being used as cheap labour by "so call immigration consultant" and your previous employer.
This is a warning to others who though they can pay or work for free to get immigration status or LMIA. It's illegal to pay for LMIA or work permit (other than the normal application fee).

Go home and start a new life.

 

[Singh_Manminder]

At this point I think you really need to be working with a good immigration lawyer. This is too complex as a do-it-yourself case.

Something to consider is why you want to restore your status and be able to remain in Canada. If you are successful, this will give you visitor status but you still won't be able to work or attend school - which really gives you no path to PR. If PR is your objective, then as hard as it may seem, the best option is likely to leave Canada and return to your home country to study / work there and build your profile to hopefully qualify for PR.

Hard decision and ultimately up to you what you do.

Thank you! Your advise is very genuine. Although I am dubious to apply for restoration again.

 

[k.h.p.]

Thank you! Your advise is very genuine. Although I am dubious to apply for restoration again.

I don't think @scylla advised you to apply for restoration again, given that you've been out of status for far longer than the normal timeframe for restoration. I believe @scylla was talking about your suggestion that you may appeal the restoration refusal.

 

[Singh_Manminder]

I don't really have much to add on top of what scylla has already said.

You were out of status when you stop studying (study permit is only valid if you actually continue your study. You stop studying in Feb 2018 when you got your permit. So you were out of status since. It's hard to have any status restore at this point. )

It's sad that you were being used as cheap labour by "so call immigration consultant" and your previous employer.
This is a warning to others who though they can pay or work for free to get immigration status or LMIA. It's illegal to pay for LMIA or work permit (other than the normal application fee).

Go home and start a new life.

Thank you for your understanding. I appreciate your kind words & genuine advice
.

 

[Singh_Manminder]

I don't think @scylla advised you to apply for restoration again, given that you've been out of status for far longer than the normal timeframe for restoration. I believe @scylla was talking about your suggestion that you may appeal the restoration refusal.

Thank you for clearing this.

 

[scylla]

Thank you! Your advise is very genuine. Although I am dubious to apply for restoration again.

I honestly think your chances of remaining in Canada this point are extremely low. As someone above mentioned, your study permit was most likely canceled back in 2018 when you stopped attending school. So you've been here quite some time without status and without ever completing any of your studies. I think you are going to face a huge uphill battle in convincing IRCC why they should allow you to remain in Canada.

Rather than wasting more time in Canada not working and not studying, I really think you're better off returning to your home country where you can legally study and work. There's certainly a possibility you might qualify to immigrate to Canada in the future if you can build up your education and get a few years of skilled work experience. That really feels like the best plan from my perspective.

Good luck regardless what you decide to do.

 

[Singh_Manminder]

I honestly think your chances of remaining in Canada this point are extremely low. As someone above mentioned, your study permit was most likely canceled back in 2018 when you stopped attending school. So you've been here quite some time without status and without ever completing any of your studies. I think you are going to face a huge uphill battle in convincing IRCC why they should allow you to remain in Canada.

Rather than wasting more time in Canada not working and not studying, I really think you're better off returning to your home country where you can legally study and work. There's certainly a possibility you might qualify to immigrate to Canada in the future if you can build up your education and get a few years of skilled work experience. That really feels like the best plan from my perspective.

Good luck regardless what you decide to do.

Thank you for this!

 

[canuck78]

Thank you for this!

Agree that you should be meeting with an immigration lawyer but would suggest someone like the owner of this website because you have been involved with consultants or lawyers suggesting illegal operations and are not providing you with good advice and are involved in illegal activity. You can attempt and H&C application but you are out of status and would have to remain in Canada without status. That will impact your ability to work legally, access services, etc. It really depends on your resources, your reasons for trying to remain in Canada, your willingness to take the risk applying for H&C, etc. You will have to admit to entering into an agreement to obtain a work permit via improper means. You should be informing IRCC about the consultant and owner offering a job fir money which is illegal.