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Bowp refused! Out of status! Help please

Kashcal

Full Member
Sep 24, 2019
35
5
Calgary Alberta
Category........
AINP
Visa Office......
Calgary
Med's Request
20-06-2021
Med's Done....
08-07-2021
My bowp is refused because of an inadmissible family member. My application for PR is still in process. What should I do now?
I have kids in school and I can't take them out from school right away and leave the country.
 

scylla

VIP Member
Jun 8, 2010
92,829
20,490
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
My bowp is refused because of an inadmissible family member. My application for PR is still in process. What should I do now?
I have kids in school and I can't take them out from school right away and leave the country.
You are out of status in Canada at this point and have to stop working. Depending on the age of your kids, they may or may not still be legally entitled to attend school.

If your BOWP was refused due to the inadmissibility of a family member then you can expect the same for your PR application. I'm not sure there's much point in remaining in Canada too much longer and burning through your savings. Sooner or later you will have to leave.

I would recommend making plans to leave Canada soon and then living outside of Canada until the family member qualifies for rehabilitation. Once rehabilitation is approved, you can pursue a PR application again.
 
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Kashcal

Full Member
Sep 24, 2019
35
5
Calgary Alberta
Category........
AINP
Visa Office......
Calgary
Med's Request
20-06-2021
Med's Done....
08-07-2021
You are out of status in Canada at this point and have to stop working. Depending on the age of your kids, they may or may not still be legally entitled to attend school.

If your BOWP was refused due to the inadmissibility of a family member then you can expect the same for your PR application. I'm not sure there's much point in remaining in Canada too much longer and burning through your savings. Sooner or later you will have to leave.

I would recommend making plans to leave Canada soon and then living outside of Canada until the family member qualifies for rehabilitation. Once rehabilitation is approved, you can pursue a PR application again.
Thanks for the response. Kids are Canadian Citizens. They were born here. Is there any way I could wait till I get a response on my PR application?
I need some time to sort out things. Sell the car, furniture and everyday things.
 

scylla

VIP Member
Jun 8, 2010
92,829
20,490
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
Thanks for the response. Kids are Canadian Citizens. They were born here. Is there any way I could wait till I get a response on my PR application?
I need some time to sort out things. Sell the car, furniture and everyday things.
Ah - OK. Then the kids are good.

Exactly what kind of PR application do you have in progress? Generally speaking, having a PR application in progress doesn't prevent being ordered to leave or being removed from Canada. When did you submit the PR application?
 

Kashcal

Full Member
Sep 24, 2019
35
5
Calgary Alberta
Category........
AINP
Visa Office......
Calgary
Med's Request
20-06-2021
Med's Done....
08-07-2021
I a
Ah - OK. Then the kids are good.

Exactly what kind of PR application do you have in progress? Generally speaking, having a PR application in progress doesn't prevent being ordered to leave or being removed from Canada. When did you submit the PR application?
You have responded to some of my queries in humanitarian and compassionate thread as well.
I applied under AINP. After inadmissibility, we requested humanitarian considerations.

My husband is around 38 years old and he has lived in his home country for around 200 days only in last 20 years.
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
I a

You have responded to some of my queries in humanitarian and compassionate thread as well.
I applied under AINP. After inadmissibility, we requested humanitarian considerations.

My husband is around 38 years old and he has lived in his home country for around 200 days only in last 20 years.[/QUOTE

There are serious consequences when you get a DUI.
 

Kashcal

Full Member
Sep 24, 2019
35
5
Calgary Alberta
Category........
AINP
Visa Office......
Calgary
Med's Request
20-06-2021
Med's Done....
08-07-2021
Just an update regarding my post, for someone who is in same boat.
I requested them to reconsider my bowp according to IRPA regulations. They did. And I received an approval on bowp application.
 

Kashcal

Full Member
Sep 24, 2019
35
5
Calgary Alberta
Category........
AINP
Visa Office......
Calgary
Med's Request
20-06-2021
Med's Done....
08-07-2021
I mentioned in my letter that
"Temporary residents can only be inadmissible because of their family members if their family members are inadmissible for reasons of security, international or human rights violations, or organized criminality.” which are under section 34, 35, or 37.
But not uunder an inadmissible family member under section 36(2)
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Just an update regarding my post, for someone who is in same boat.
I requested them to reconsider my bowp according to IRPA regulations. They did. And I received an approval on bowp application.
You still run into the same issues with PR though.