Inadmissible to Canada due to non compliance with IRPA.

[ravishk]

Hi, I came here as a student. I finished my school in 2019 Aug. I couldnt apply for PGWP as my school was taken out of DLI list. Later, in 2020 I got injured , was in bed for most part of 2020. I started school in a new school in 2021, it didnt have a PGWP option at completion, but the school was part of a pilot program in New Brunswick. I had my study permit until April 2022. I applied for a study permit extension for 3 months, to which IRCC replied ( april 5,2022) and asked me to explain the 1 year gap in my studies. I sent them the hospital records and medical notes and everything ( No reply from IRCC after this until now DEC 28, 2023). Later when I finished in June 2022, unluckily that school was taken out of the pilot program and I couldnt apply for PNP or work permit and I decided to apply for a spousal open work permit instead as my wife was already here and had an open work permit. I didnt get any reply until this last month that my spousal open work permit had been refused as I did not comply with the Study permit rules and Hence deemed inadmissible due to non compliance with IRPA. I have a few questions:
1. I know that if one spouse is deemed inadmissible, the other one automatically is. How will this affect my wife's PR process in the future? I was reading another thread which said I would have to leave Canada to get my inadmissibility off and then my wife can apply for her PR and include me in there while I am not here? is this true?
2. What are my options now? Do I go back voluntarily before they send me a removal order? or DO I apply for Temporary Resident Permit? or DO i go back to my country and apply for Spousal work permit again?
I would really appreciate some honest opinions.
Thank you in advance.

 

[Naturgrl]

Hi, I came here as a student. I finished my school in 2019 Aug. I couldnt apply for PGWP as my school was taken out of DLI list. Later, in 2020 I got injured , was in bed for most part of 2020. I started school in a new school in 2021, it didnt have a PGWP option at completion, but the school was part of a pilot program in New Brunswick. I had my study permit until April 2022. I applied for a study permit extension for 3 months, to which IRCC replied ( april 5,2022) and asked me to explain the 1 year gap in my studies. I sent them the hospital records and medical notes and everything ( No reply from IRCC after this until now DEC 28, 2023). Later when I finished in June 2022, unluckily that school was taken out of the pilot program and I couldnt apply for PNP or work permit and I decided to apply for a spousal open work permit instead as my wife was already here and had an open work permit. I didnt get any reply until this last month that my spousal open work permit had been refused as I did not comply with the Study permit rules and Hence deemed inadmissible due to non compliance with IRPA. I have a few questions:
1. I know that if one spouse is deemed inadmissible, the other one automatically is. How will this affect my wife's PR process in the future? I was reading another thread which said I would have to leave Canada to get my inadmissibility off and then my wife can apply for her PR and include me in there while I am not here? is this true?
2. What are my options now? Do I go back voluntarily before they send me a removal order? or DO I apply for Temporary Resident Permit? or DO i go back to my country and apply for Spousal work permit again?
I would really appreciate some honest opinions.
Thank you in advance.

So you stayed in Canada as a “student” for 2020 and didn’t study, so your study permit should have been cancelled. You were in Canada without status from 2020 onwards. Doesn’t matter if you study permit was valid until 2022. You have to keep up your studies or change your status. You were not eligible for an open work permit either because your spouse got a permit based on your study permit. So refusal was correct. You need to change your status to visitor to maintain legal status in Canada.

What does the letter say about being inadmissable? Were you given a ban? If you are inadmissable, spouse cannot apply for PR until your ban is over.

You really need an immigration lawyer at this point because your case is complex and beyond expertise of volunteers.

 

[ravishk]

So you stayed in Canada as a “student” for 2020 and didn’t study, so your study permit should have been cancelled. You were in Canada without status from 2020 onwards. Doesn’t matter if you study permit was valid until 2022. You have to keep up your studies or change your status. You were not eligible for an open work permit either because your spouse got a permit based on your study permit. So refusal was correct. You need to change your status to visitor to maintain legal status in Canada.

What does the letter say about being inadmissable? Were you given a ban? If you are inadmissable, spouse cannot apply for PR until your ban is over.

You really need an immigration lawyer at this point because your case is complex and beyond expertise of volunteers.

Thanks for replying. My spouse got her own PGWP based off of her own completion of her studies.
I was not given a ban.
The letter says "
As per the information provided, it is my opinion that you did not actively pursue his studies as
you have a gap where you remained in Canada on student status, but did not study, and
have contravened the expectations of R220.1.
IRPA directs FNs that if you are unable to resume their studies within 150 days that they should
change their status to either visitor or worker, or leave Canada. You failed to address this
situation after the 150 day period, with either scenario, and have therefore, not met the

expectations of paragraph R185(c). As a result, it is the officer’s opinion that you are non-
compliant with the expectations of your study permit as per R220.1(1), and inadmissible

pursuant to A41(a) by way of A29(2).
Section 41 (a) of Immigration and Refugee Protection Act states:
A person is inadmissible for failing to comply with this Act in the case of a foreign national,
through an act or omission which contravenes, directly or indirectly, a provision of this Act;
Section 29(2) of IRPA regarding Work and study in Canada states:
A temporary resident must comply with any conditions imposed under the regulations and with
any requirements under this Act, must leave Canada by the end of the period authorized for
their stay and may re-enter Canada only if their authorization provides for re-entry."
Also, I was enrolled to study going forward in 2021. Just that I didn't do anything for approximately one year when I was injured.
I also want to add that this reply I quoted above was for my spousal work permit application.
My study permit extension application still has got no reply since last year.

 

[Simba112]

Thanks for replying. My spouse got her own PGWP based off of her own completion of her studies.
I was not given a ban.
The letter says "
As per the information provided, it is my opinion that you did not actively pursue his studies as
you have a gap where you remained in Canada on student status, but did not study, and
have contravened the expectations of R220.1.
IRPA directs FNs that if you are unable to resume their studies within 150 days that they should
change their status to either visitor or worker, or leave Canada. You failed to address this
situation after the 150 day period, with either scenario, and have therefore, not met the

expectations of paragraph R185(c). As a result, it is the officer’s opinion that you are non-
compliant with the expectations of your study permit as per R220.1(1), and inadmissible

pursuant to A41(a) by way of A29(2).
Section 41 (a) of Immigration and Refugee Protection Act states:
A person is inadmissible for failing to comply with this Act in the case of a foreign national,
through an act or omission which contravenes, directly or indirectly, a provision of this Act;
Section 29(2) of IRPA regarding Work and study in Canada states:
A temporary resident must comply with any conditions imposed under the regulations and with
any requirements under this Act, must leave Canada by the end of the period authorized for
their stay and may re-enter Canada only if their authorization provides for re-entry."
Also, I was enrolled to study going forward in 2021. Just that I didn't do anything for approximately one year when I was injured.
I also want to add that this reply I quoted above was for my spousal work permit application.
My study permit extension application still has got no reply since last year.

1. Your wife may not be admissible
2. After compiling A44(1) report, ID will forward to Minister Delegate who will prepare and issue removal order based on report from Immigration Division. This process does not stop ID from giving you decision on your application and citing reason for refusing your application, and MD has no authority to amend ID report but proceed to the next step. What has happened is stage one. After Removal Order is issued, CBSA will reach out to you. Your options is to work with Immigration Lawyer

 

[scylla]

Hi, I came here as a student. I finished my school in 2019 Aug. I couldnt apply for PGWP as my school was taken out of DLI list. Later, in 2020 I got injured , was in bed for most part of 2020. I started school in a new school in 2021, it didnt have a PGWP option at completion, but the school was part of a pilot program in New Brunswick. I had my study permit until April 2022. I applied for a study permit extension for 3 months, to which IRCC replied ( april 5,2022) and asked me to explain the 1 year gap in my studies. I sent them the hospital records and medical notes and everything ( No reply from IRCC after this until now DEC 28, 2023). Later when I finished in June 2022, unluckily that school was taken out of the pilot program and I couldnt apply for PNP or work permit and I decided to apply for a spousal open work permit instead as my wife was already here and had an open work permit. I didnt get any reply until this last month that my spousal open work permit had been refused as I did not comply with the Study permit rules and Hence deemed inadmissible due to non compliance with IRPA. I have a few questions:
1. I know that if one spouse is deemed inadmissible, the other one automatically is. How will this affect my wife's PR process in the future? I was reading another thread which said I would have to leave Canada to get my inadmissibility off and then my wife can apply for her PR and include me in there while I am not here? is this true?
2. What are my options now? Do I go back voluntarily before they send me a removal order? or DO I apply for Temporary Resident Permit? or DO i go back to my country and apply for Spousal work permit again?
I would really appreciate some honest opinions.
Thank you in advance.

1) You need to be admissible in order for your wife to be able to apply for PR. At this point the most realistic option is to leave Canada. Yes, you want to leave voluntarily vs dealing with a deportation order. Yes, leaving Canada will fix your inadmissibility issue and allow your wife to apply for PR
2) TRPs are taking 1.5-2+ years to process. So if you go this route, your wife won't be able to apply for PR for a few years. You also won't know until the end if the TRP will be approved. If you leave Canada, you can certainly try applying for a visa to return. However given your history here, it's hard to say if that visa will be approved.

There are no easy/clear options due to your history in Canada.

 

[canuck78]

Would add on top of thing looks like you probably weren’t eligible for medical care when you got injured because you had finished your studies and were likely not eligible for PGWP.and got incredibly lucky that you seem to have been able to access treatment without having to pay oUt of pocket. Given that the provinces are extremely bad at auditing their files you are unlikely to have to reimburse the province.

 

[ravishk]

1. Your wife may not be admissible
2. After compiling A44(1) report, ID will forward to Minister Delegate who will prepare and issue removal order based on report from Immigration Division. This process does not stop ID from giving you decision on your application and citing reason for refusing your application, and MD has no authority to amend ID report but proceed to the next step. What has happened is stage one. After Removal Order is issued, CBSA will reach out to you. Your options is to work with Immigration Lawyer

Okay, so , what do you suggest? I go back and apply for a Spousal work permit outside Canada?

 

[ravishk]

1) You need to be admissible in order for your wife to be able to apply for PR. At this point the most realistic option is to leave Canada. Yes, you want to leave voluntarily vs dealing with a deportation order. Yes, leaving Canada will fix your inadmissibility issue and allow your wife to apply for PR
2) TRPs are taking 1.5-2+ years to process. So if you go this route, your wife won't be able to apply for PR for a few years. You also won't know until the end if the TRP will be approved. If you leave Canada, you can certainly try applying for a visa to return. However given your history here, it's hard to say if that visa will be approved.

There are no easy/clear options due to your history in Canada.

okay. That is what I was thinking, to go back and apply for spousal work permit again. As that would fix my inadmissibility and maybe it can get approved.
Also, I should accompany my wife in the PR application, right?

 

[ravishk]

Would add on top of thing looks like you probably weren’t eligible for medical care when you got injured because you had finished your studies and were likely not eligible for PGWP.and got incredibly lucky that you seem to have been able to access treatment without having to pay oUt of pocket. Given that the provinces are extremely bad at auditing their files you are unlikely to have to reimburse the province.

Well, I did not get lucky and I had to pay 12k from my pocket.....

 

[Simba112]

Okay, so , what do you suggest? I go back and apply for a Spousal work permit outside Canada?

I suggest you discuss with Immigration lawyer on what next course of action

 

[ravishk]

I suggest you discuss with Immigration lawyer on what next course of action

Yeah, I talked to a few, everybody's got different opinions.
One says put a reconsideration request and wait.
The other one says apply for TRP.
Another one says go back and apply for Spousal Work Permit again.
Another one says just leave and wait for your wife's PR application to be put through.
I am a little confused but most likely will decide to go back as its the much safer option as it wont harm my wife's filing atleast.

 

[Simba112]

Yeah, I talked to a few, everybody's got different opinions.
One says put a reconsideration request and wait.
The other one says apply for TRP.
Another one says go back and apply for Spousal Work Permit again.
Another one says just leave and wait for your wife's PR application to be put through.
I am a little confused but most likely will decide to go back as its the much safer option as it wont harm my wife's filing atleast.

There is no safer option here, both involve making strong case to be approved. There has been so many compliance and misrepresentation issues with International students and they are thoroughly looking into applications, simply in detail. 700 fake LOA was lesson learnt. In my opinion, I think i would work with the Immigration lawyer for both option 1 and 2

 

[ravishk]

1) You need to be admissible in order for your wife to be able to apply for PR. At this point the most realistic option is to leave Canada. Yes, you want to leave voluntarily vs dealing with a deportation order. Yes, leaving Canada will fix your inadmissibility issue and allow your wife to apply for PR
2) TRPs are taking 1.5-2+ years to process. So if you go this route, your wife won't be able to apply for PR for a few years. You also won't know until the end if the TRP will be approved. If you leave Canada, you can certainly try applying for a visa to return. However given your history here, it's hard to say if that visa will be approved.

There are no easy/clear options due to your history in Canada.

Also, I understand that my wife might face problem in PR application if I don't fix my inadmissibility, but if she applies for her Temporary Resident Visa for travel purpose, that wouldn't be affected, right? As she already has her WP for 3 years.