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PR Refused in Canada

roeldsouza

Star Member
Dec 9, 2019
62
14
Hello,

Seeking some information based my friend. She got her PR refused.
Attached below is the text from the document.

If anyone has gone through a similar situation, kindly shed some light as to what is the next best step and can she legally be in Canada while she applies for a reconsideration or appeal ?

This letter is in reference to your application for temporary residence. Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Refused under R179(b) of the IRPA, Immigration and Refugee Protection Act.
Pursuant to section 183(5)(a) of the Immigration and Refugee Protection Regulations, your temporary resident status has expired. You are now a person without status in Canada and as such, you are required to leave Canada forthwith. Failure to do so could result in enforcement action being taken against you.
Should you voluntarily depart Canada, no further action will be taken against you. However, failure to confirm your departure may result in enforcement action being taken.
Should you decline to depart Canada voluntarily, a Section A44(1) report may be referred to a minister’s delegate where it is possible that a removal order may be made against you.
 

Naturgrl

VIP Member
Apr 5, 2020
45,028
9,582
Hello,

Seeking some information based my friend. She got her PR refused.
Attached below is the text from the document.

If anyone has gone through a similar situation, kindly shed some light as to what is the next best step and can she legally be in Canada while she applies for a reconsideration or appeal ?

This letter is in reference to your application for temporary residence. Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Refused under R179(b) of the IRPA, Immigration and Refugee Protection Act.
Pursuant to section 183(5)(a) of the Immigration and Refugee Protection Regulations, your temporary resident status has expired. You are now a person without status in Canada and as such, you are required to leave Canada forthwith. Failure to do so could result in enforcement action being taken against you.
Should you voluntarily depart Canada, no further action will be taken against you. However, failure to confirm your departure may result in enforcement action being taken.
Should you decline to depart Canada voluntarily, a Section A44(1) report may be referred to a minister’s delegate where it is possible that a removal order may be made against you.
What PR program did she apply to when the letter is about temporary residence.
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
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
Hello,

Seeking some information based my friend. She got her PR refused.
Attached below is the text from the document.

If anyone has gone through a similar situation, kindly shed some light as to what is the next best step and can she legally be in Canada while she applies for a reconsideration or appeal ?

This letter is in reference to your application for temporary residence. Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
Refused under R179(b) of the IRPA, Immigration and Refugee Protection Act.
Pursuant to section 183(5)(a) of the Immigration and Refugee Protection Regulations, your temporary resident status has expired. You are now a person without status in Canada and as such, you are required to leave Canada forthwith. Failure to do so could result in enforcement action being taken against you.
Should you voluntarily depart Canada, no further action will be taken against you. However, failure to confirm your departure may result in enforcement action being taken.
Should you decline to depart Canada voluntarily, a Section A44(1) report may be referred to a minister’s delegate where it is possible that a removal order may be made against you.
This is a refusal for temporary residency, not PR.

You'll need to provide full details on her status in Canada, what exactly she applied for, dates, etc.
 

roeldsouza

Star Member
Dec 9, 2019
62
14
Apologies as I missed on important details.

She had her application for her PR in process during which her work permit expired. After consulting a lawyer, they applied for a temporary visa (tourist visa) so that she can be in the country while she waits.

So this above rejection is her Tourist Visa being denied and which goes on to state that she needs to leave the country immediately.

What should she do in such a case as her PR application decision hasn't come through yet ?

Thanks
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
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
Apologies as I missed on important details.

She had her application for her PR in process during which her work permit expired. After consulting a lawyer, they applied for a temporary visa (tourist visa) so that she can be in the country while she waits.

So this above rejection is her Tourist Visa being denied and which goes on to state that she needs to leave the country immediately.

What should she do in such a case as her PR application decision hasn't come through yet ?

Thanks
If she wants to remain in Canada, she should apply to restore her status. I would recommend she do this as soon as she can. If that is refused as well, then she will need to leave Canada and wait out the processing of the PR application outside of Canada.

You haven't said how she has applied for PR / through which program. So not possible to provide further advice.
 
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Reactions: Ponga

Ponga

VIP Member
Oct 22, 2013
10,427
1,475
Job Offer........
Pre-Assessed..
Apologies as I missed on important details.

She had her application for her PR in process during which her work permit expired. After consulting a lawyer, they applied for a temporary visa (tourist visa) so that she can be in the country while she waits.

So this above rejection is her Tourist Visa being denied and which goes on to state that she needs to leave the country immediately.

What should she do in such a case as her PR application decision hasn't come through yet ?

Thanks
Unless she submitted an Inland Spousal Sponsorship application (SCPLC), she probably may have to leave Canada. Even then, the Public Policy that waives the requirement for the applicant to have legal status in Canada may or may not apply.
 

Ponga

VIP Member
Oct 22, 2013
10,427
1,475
Job Offer........
Pre-Assessed..
If she wants to remain in Canada, she should apply to restore her status. I would recommend she do this as soon as she can. If that is refused as well, then she will need to leave Canada and wait out the processing of the PR application outside of Canada.

You haven't said how she has applied for PR / through which program. So not possible to provide further advice.
Does that negate the Departure Order that she received, even if the ROS is approved?
 

roeldsouza

Star Member
Dec 9, 2019
62
14
If she wants to remain in Canada, she should apply to restore her status. I would recommend she do this as soon as she can. If that is refused as well, then she will need to leave Canada and wait out the processing of the PR application outside of Canada.

You haven't said how she has applied for PR / through which program. So not possible to provide further advice.
her document says she needs to "leave Canada forthwith' would this still allow her to apply to restore her status and wait in Canada?
 

scylla

VIP Member
Jun 8, 2010
95,937
22,177
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
her document says she needs to "leave Canada forthwith' would this still allow her to apply to restore her status and wait in Canada?
It's really impossible for us to say without having the full list of what she applied for and when and dates.