Inadmissible?

[TSF1514]

I have a question about a friend of my son.

He came to Canada on a Study Permit, and I just found out he overstayed over 2 years now. He got pulled over and the cops ran his ID and noticed he was neither a PR or Citizen of Canada and have now alerted CBSA.

Would he be now inadmissible to Canada? If so, is it for misrepresentation?

If he is inadmissible, can he appeal at all? Or will there be some type of removal order against him? I am sure a lawyer might be more helpful, but I figure an overstay and they find out it automatically means he will be removed on an exclusion order or deportation order?

Thanks!

 

[zardoz]

I have a question about a friend of my son.

He came to Canada on a Study Permit, and I just found out he overstayed over 2 years now. He got pulled over and the cops ran his ID and noticed he was neither a PR or Citizen of Canada and have now alerted CBSA.

Would he be now inadmissible to Canada? If so, is it for misrepresentation?

If he is inadmissible, can he appeal at all? Or will there be some type of removal order against him? I am sure a lawyer might be more helpful, but I figure an overstay and they find out it automatically means he will be removed on an exclusion order or deportation order?

Thanks!

He will be asked to leave. If he doesn't go, he'll be removed.

P. S. Not misrepresentation.

 

[scylla]

I have a question about a friend of my son.

He came to Canada on a Study Permit, and I just found out he overstayed over 2 years now. He got pulled over and the cops ran his ID and noticed he was neither a PR or Citizen of Canada and have now alerted CBSA.

Would he be now inadmissible to Canada? If so, is it for misrepresentation?

If he is inadmissible, can he appeal at all? Or will there be some type of removal order against him? I am sure a lawyer might be more helpful, but I figure an overstay and they find out it automatically means he will be removed on an exclusion order or deportation order?

Thanks!

He'll most likely receive a departure order. He'll then have 30 days to leave Canada before this turns into a deportation order. He should leave within the 30 days (before it becomes a deportation order) - otherwise returning later will be quite a bit more difficult.

Agreed there is no misrepresentation. He is not inadmissible. However if he doesn't leave Canada within the 30 days and the deportation kicks in, he will have to complete the ARC process to return. He wants to avoid this.

It's possible they may also give him an exclusion order banning him from re-entering for a year. Hard to say.

 

[BobbyMac33]

He'll most likely receive a departure order. He'll then have 30 days to leave Canada before this turns into a deportation order. He should leave within the 30 days (before it becomes a deportation order) - otherwise returning later will be quite a bit more difficult.

Agreed there is no misrepresentation. He is not inadmissible. However if he doesn't leave Canada within the 30 days and the deportation kicks in, he will have to complete the ARC process to return. He wants to avoid this.

It's possible they may also give him an exclusion order banning him from re-entering for a year. Hard to say.

I saw this and had to make an account to chime in and researching and from SOME past experience...

Yes, your friend's son is now inadmissible to Canada since he has overstayed his visa and did not comply with section 29(1) of the IRPA. He now owns the title of lack of status.

Right of temporary residents

• 29 (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.
  

And now that the CBSA is informed, he will be deemed inadmissible under section 44(1) of the Act

44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

He won't just be told to leave, he will likely be given an exclusion order as he now falls under section 228(1)(iv) of the IRPR.

228 (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

(iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order.

I think this is what he would fall under. But again, I do not know the whole story.

 

[canuck_in_uk]

I saw this and had to make an account to chime in and researching and from SOME past experience...

Yes, your friend's son is now inadmissible to Canada since he has overstayed his visa and did not comply with section 29(1) of the IRPA. He now owns the title of lack of status.

Right of temporary residents

• 29 (1) A temporary resident is, subject to the other provisions of this Act, authorized to enter and remain in Canada on a temporary basis as a visitor or as a holder of a temporary resident permit.

And now that the CBSA is informed, he will be deemed inadmissible under section 44(1) of the Act

44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.

He won't just be told to leave, he will likely be given an exclusion order as he now falls under section 228(1)(iv) of the IRPR.

228 (1) For the purposes of subsection 44(2) of the Act, and subject to subsections (3) and (4), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the report shall not be referred to the Immigration Division and any removal order made shall be

(iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order.

I think this is what he would fall under. But again, I do not know the whole story.

An overstay does not make a person inadmissible.

 

[BobbyMac33]

An overstay does not make a person inadmissible.

I should clarify then. IF this individual was turned over to the CBSA, then yes he would be deemed inadmissible. Failure to comply with the act (44(1)) as stated. A person is deemed inadmissible for failing to comply with this act. And once turned over and deemed inadmissible for overstaying he would be given an exclusion order for failing to leave Canada when his study permit ended 2 years ago or whenever it was.

 

[vensak]

maybe to clarify.

1. He will have to leave. Staying will only make situation worse. I think that "Inadmissible" points to the situation, where he will not be able to legalize his stay from Canada anymore (unless he decided to claim refuge or unless it will not be able to return him to his country for example).
2. Just because he overstayed he will not get automatic ban when applying for any future visa to Canada (like it would be the case if he commit misinterpretation in his application or if he had a criminal record that would make him inadmissible). That ban is also called inadmissibility.
3. However his chances to get future visa next few years to either Canada or USA are minimal. Why? Because given his history, officer will not believe, that he will leave in time.

So there is inadmissible and inadmissible but they are tied to the different types of applications.