facing suspension. i need advice

[AnnabelleLee]

So i am an international student at uoft and i am facing suspension.
i am a great student and very organized but for the past 3 years i have been fighting depression to the point i wouldn't even leave my house. i am so much better now. i also got a very good job at the bank and i don't want to leave. i want to fight for this.

i applied somewhere else and i got accepted. i changed my DLI, but i do not know how to voluntarily withdraw from the current uni.
When i asked people at school, they said that all i have to do is not register/pay fees for the next year and i won't be considered a student anymore, but i am afraid that once my final grades come in and i am placed in suspension, the school will notify the immigration.I need help, i have worked too hard to come here and to overcome this illness. Every advice would be deeply appreciated.
thank you

 

[canuck78]

If you have stopped attending school you must stop working immediately. Are you working full-time? You are only permitted to work for 20 hours per week if you are still a full-time student. After 90 days of you not attending a school you will be reported. Yes you can transfer but if you did not remain a full-time student during your studies that could effect your PGWP. You also can't work in between the transfer from one program to another. You need to collect medical documentation of your illness. Proof of medications, proof of counselling, etc. Did you try and withdraw for medical reasons? At this point the exam period is almost over so it is likely too late.

 

[AnnabelleLee]

Sorry to hear what you had to go through and it's good that you are ready to fight for this!
If you don't register, you automatically get withdrawan from the program at the university. The universities are now obligated to report students enrollment status on a 6 month basis(twice every year). I am not sure how you have secured a job on a study permit, but you need to convince your employer for a LMIA and then you can apply for Express entry after a year of experience. Unfortunately, I don't think you will qualify for express entry now unless you have previous work experience or have already attended post secondary education in your home country.
Good luck and keep your head up.

So i continue to be a full time student here. I am not suspended yet. i think i will be tho. i got the job because i am only allowed to work 20h during school, but full time during the summer. So when my school starts again in September, i am going to work only 15-20h/week. i talked to them about the details of my emigration status and they understand. the only problem i have right now, is the suspension thing. i did a lot of research and it said that if i voluntarily withdraw from school, i wont be facing suspension, since i already dropped out of school. the only problem with voluntary withdrawl is that if u wanna go back to the same school, u need to re-apply.(but this is not a problem at this point)

 

[scylla]

So i continue to be a full time student here. I am not suspended yet. i think i will be tho. i got the job because i am only allowed to work 20h during school, but full time during the summer. So when my school starts again in September, i am going to work only 15-20h/week. i talked to them about the details of my emigration status and they understand. the only problem i have right now, is the suspension thing. i did a lot of research and it said that if i voluntarily withdraw from school, i wont be facing suspension, since i already dropped out of school. the only problem with voluntary withdrawl is that if u wanna go back to the same school, u need to re-apply.(but this is not a problem at this point)

You can't work in the summer if you are between programs. You can only work in the summer if you are in a full time program and the summer is a scheduled break. So if you are switching schools and your new program starts in September, you cannot work during the summer.

 

[AnnabelleLee]

If you have stopped attending school you must stop working immediately. Are you working full-time? You are only permitted to work for 20 hours per week if you are still a full-time student. After 90 days of you not attending a school you will be reported. Yes you can transfer but if you did not remain a full-time student during your studies that could effect your PGWP. You also can't work in between the transfer from one program to another. You need to collect medical documentation of your illness. Proof of medications, proof of counselling, etc. Did you try and withdraw for medical reasons? At this point the exam period is almost over so it is likely too late.

no, i work 20h during school and full time during summer. i am still a full time student. i am still continuing full time at the new school. the only problem is my old school contacting emigration once i get suspended.( i am not suspended yet, my final marks are not here). How do i stop them from doing that? And what are the consequences if they do?

 

[AnnabelleLee]

You can't work in the summer if you are between programs. You can only work in the summer if you are in a full time program and the summer is a scheduled break. So if you are switching schools and your new program starts in September, you cannot work during the summer.

did they change the rules? because when i first came here, i got a job in august, before starting my first year in september and they said it is okay??

 

[scylla]

did they change the rules? because when i first came here, i got a job in august, before starting my first year in september and they said it is okay??

Maybe it was OK back then - certainly not OK now. We have seen a number of PGWPs refused on this forum recently where people worked between programs.

 

[AnnabelleLee]

Maybe it was OK back then - certainly not OK now. We have seen a number of PGWPs refused on this forum recently where people worked between programs.

i understand. Thank you for telling me. I keep talking to the emigration specialist at my school and she never tells me anything. That is why i am writing here.
but if i do, will it give me any complications now?
(i need to consider all my options because i support myself financially and i can't not work cuz i wouldn't be able to afford living here anyway)

 

[canuck78]

The immigration specialist is likely just an international student coordinator without much knowledge about immigration. You likely were not supposed to work in August when you first arrived because you need to be studying before you can work. Other students could come months before school starts to work otherwise. When transferring schools you have to view it like you have finished your studies at one school, you take a break and then you become a student again when you start your new school. During that break period you are no longer an actual student because you have left one program and haven't started the other one.

 

[canuck78]

It's not 90 days for reporting but all DLI institutions have to report compliance in April and November.
You don't immediately lose status once they report you, the only problem which is going to arise is you won't be eligible for a PGWP.
Finding an employer who will file LMIA for you is the easiest solution in case. Do you know which NOC your current work falls under?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/educational-institutions/designated-learning-institution-portal/compliance-reporting.html

Ends up being 90 days after the semester begins where people are reported as no shows so that's why people say 90 days.

 

[zardoz]

It's not 90 days for reporting but all DLI institutions have to report compliance in April and November.
You don't immediately lose status once they report you, the only problem which is going to arise is you won't be eligible for a PGWP.
Finding an employer who will file LMIA for you is the easiest solution in case. Do you know which NOC your current work falls under?
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/partners-service-providers/educational-institutions/designated-learning-institution-portal/compliance-reporting.html

Finding a bank that would be interested in going through the LMIA process? Unless you have specific and specialized skills, that's not going to happen. Therefore, the OP would be thrown into the open job market, starting effectively from scratch. I really don't see this being an "easy solution".

 

[AnnabelleLee]

Ends up being 90 days after the semester begins where people are reported as no shows so that's why people say 90 days.

Let s say i do not work during the summer. So i already got accepted to another place and changed my DLI. If i get suspended from my current uni, can i just continue going to the new school in September?
(i am also planning on petitioning the possible suspension from the current uni)
i am trying so hard to find a solution.

 

[AnnabelleLee]

Finding a bank that would be interested in going through the LMIA process? Unless you have specific and specialized skills, that's not going to happen. Therefore, the OP would be thrown into the open job market, starting effectively from scratch. I really don't see this being an "easy solution".

i might find a job that will accept to go through the LMIA process. i checked the cic page and it says i should find what category do i fall into and i am not sure. Can any of you help me with that? (also since LMIA says that there should be proof that no Canadian citizen is able to to the job, how do i prove that? i am sure that there are Canadians out there that can do the same job as me. Maybe i am not very clear on the requirements?

 

[Wonderland_1010]

i might find a job that will accept to go through the LMIA process. i checked the cic page and it says i should find what category do i fall into and i am not sure. Can any of you help me with that? (also since LMIA says that there should be proof that no Canadian citizen is able to to the job, how do i prove that? i am sure that there are Canadians out there that can do the same job as me. Maybe i am not very clear on the requirements?

If your future employer is willing to apply for LMIA for you then they will have to prove that no Canadian Citizen/PR are able to do your job. They will have to satisfy the advertising requirements for 4 weeks first before applying for LMIA. During the 4 weeks of advertising, if a candidate applies for the job, your employer must explain why this candidate is not qualified for the position.

 

[canuck78]

Not sure if you are aware that most LMIA and work visas take 4-6 to process. You will find it really challenging to get an employer to be willing to apply for a LMIA. Sounds like you don't have a long work history or completed education so it will probably be hard to show that you have specialized skill over other Canadians.