Allowed to leave Canada

[SyedICH]

Can you possibly assist under circumstances below. Looking for a suggestion how to address this matter

In March of 2019, I, and my then newly-wed wife, decided that we should actively pursue our post-graduate studies in Canada. We are both computer engineers by profession and have worked for three years in the industry. Over the course of the year, we got accepted for the Web Design & Development post-graduate program at One of the DLI Ontario. We received our Visa Approval Letters on February 2020 on and were scheduled to travel to Canada by May 2020. Unfortunately, owing to COVID-19, our college temporarily shifted to an online format. After four months of online studies, we received a Travel Support document from the college asking us to travel to Canada. We were given to understand that the Fall 2020 Semester would require student engagement in the synchronized portion of the course."

"Subsequently, we booked and landed at the Toronto airport on August, 2020. At Immigration, my wife went ahead of me and duly got her Study Permit. A little later, I was summoned by a different officer. He perused all my papers (an exact copy of my wife's papers!) and stated that he did not deem my presence essential in Canada as stated in the Travel Support document. I tried to explain to the officer that the 12-hour time difference between Canada and country of my residence is a huge impediment in collaborating with other students and staff. Not to mention the frequent power-cuts in my country that causes Internet outages. He cut me short and stated that I should go back to my home country and continue my studies remotely. He compelled me to sign two different forms - a Statutory Declaration form and another stating that I was voluntarily withdrawing my application to enter Canada. He also threatened that he would file a report banning me from ever entering Canada. I was at a loss and eventually caved and signed the said forms. My wife tried entreating with him as well but to no avail. Thereafter, they made me board a flight almost immediately. The mental trauma my wife and I have had to endure in the past 2-3 days has been harrowing."

 

[ohbruh]

I am sorry that happened to you. what changes make those forms on your study permit? Is it completely cancelled (withdrawn) and you need to apply again or you may hope on plane and travel again soon?

Also, you may try to file a report to IRCC about the agent.

 

[jigzyy]

I am sorry that happened to you. what changes make those forms on your study permit? Is it completely cancelled (withdrawn) and you need to apply again or you may hope on plane and travel again soon?

Also, you may try to file a report to IRCC about the agent.

NEVER report agent to IRCC.. 1- They are not the agents of IRCC, they are CBSA officers 2- IRCC can't do anything about it. They can issue the permit but it's up to the CBSA officer to finally allow the applicant in to the country.

 

[jigzyy]

Can you possibly assist under circumstances below. Looking for a suggestion how to address this matter

In March of 2019, I, and my then newly-wed wife, decided that we should actively pursue our post-graduate studies in Canada. We are both computer engineers by profession and have worked for three years in the industry. Over the course of the year, we got accepted for the Web Design & Development post-graduate program at One of the DLI Ontario. We received our Visa Approval Letters on February 2020 on and were scheduled to travel to Canada by May 2020. Unfortunately, owing to COVID-19, our college temporarily shifted to an online format. After four months of online studies, we received a Travel Support document from the college asking us to travel to Canada. We were given to understand that the Fall 2020 Semester would require student engagement in the synchronized portion of the course."

"Subsequently, we booked and landed at the Toronto airport on August, 2020. At Immigration, my wife went ahead of me and duly got her Study Permit. A little later, I was summoned by a different officer. He perused all my papers (an exact copy of my wife's papers!) and stated that he did not deem my presence essential in Canada as stated in the Travel Support document. I tried to explain to the officer that the 12-hour time difference between Canada and country of my residence is a huge impediment in collaborating with other students and staff. Not to mention the frequent power-cuts in my country that causes Internet outages. He cut me short and stated that I should go back to my home country and continue my studies remotely. He compelled me to sign two different forms - a Statutory Declaration form and another stating that I was voluntarily withdrawing my application to enter Canada. He also threatened that he would file a report banning me from ever entering Canada. I was at a loss and eventually caved and signed the said forms. My wife tried entreating with him as well but to no avail. Thereafter, they made me board a flight almost immediately. The mental trauma my wife and I have had to endure in the past 2-3 days has been harrowing."

I am sorry that this is happened to you. But you took the chance even though it has been clearly mentioned MULTIPLE times that the travel is restricted at the moment and you may not be allowed in to the country even if your application is approved before March 18th. Now whatever happened, happened. Ask your wife to quarantine herself at the place you guys have booked before and you should wait at least a month before flying again. Meanwhile she can get the help from the institutes International student centre and prepare documentation for your next traveling plan (which could again be the same outcome depending on the restrictions).

BTW, where is she staying and what was the plan?

 

[jweekend]

CBSA have the final call. They can and have the power to refuse issuing permits at the border. There is nothing you can do to change it and i would suggest you comply with CBSA orders.

 

[Matt173]

Rather odd, a few things seem confusing... why did you not appear at the officers booth together as couple? I have never seen couples split up when waiting in line to be processed for immigration at any entry point into Canada I have ever been. Usually couples and families are processed together even if they have each their own documents.

Also, just to make sure we understand correctly, did you both register for the exact same program, at the exact same university, and now most importantly, did you both register for the exact same courses at the same times? Is both your course schedule 100% identical? Because if not that can explain the different treatment. For example, if your wife had a lab class listed or a workshop that can be seen as essential but if all your classes are listed as online mode of delivery that may explain the different treatment.

Can you possibly assist under circumstances below. Looking for a suggestion how to address this matter

In March of 2019, I, and my then newly-wed wife, decided that we should actively pursue our post-graduate studies in Canada. We are both computer engineers by profession and have worked for three years in the industry. Over the course of the year, we got accepted for the Web Design & Development post-graduate program at One of the DLI Ontario. We received our Visa Approval Letters on February 2020 on and were scheduled to travel to Canada by May 2020. Unfortunately, owing to COVID-19, our college temporarily shifted to an online format. After four months of online studies, we received a Travel Support document from the college asking us to travel to Canada. We were given to understand that the Fall 2020 Semester would require student engagement in the synchronized portion of the course."

"Subsequently, we booked and landed at the Toronto airport on August, 2020. At Immigration, my wife went ahead of me and duly got her Study Permit. A little later, I was summoned by a different officer. He perused all my papers (an exact copy of my wife's papers!) and stated that he did not deem my presence essential in Canada as stated in the Travel Support document. I tried to explain to the officer that the 12-hour time difference between Canada and country of my residence is a huge impediment in collaborating with other students and staff. Not to mention the frequent power-cuts in my country that causes Internet outages. He cut me short and stated that I should go back to my home country and continue my studies remotely. He compelled me to sign two different forms - a Statutory Declaration form and another stating that I was voluntarily withdrawing my application to enter Canada. He also threatened that he would file a report banning me from ever entering Canada. I was at a loss and eventually caved and signed the said forms. My wife tried entreating with him as well but to no avail. Thereafter, they made me board a flight almost immediately. The mental trauma my wife and I have had to endure in the past 2-3 days has been harrowing."

 

[Matt173]

Sure but if indeed all the "variables" between each individual matched and one gets through the other does not then that is cause for serious concern because it means the agent did not apply sound judgment and adhered to guidelines but rather took matters into his own hand and decided based on mood, gender, or personal appeal. And such should be reported and a complained should be filed if it was true. Not saying it was, simply saying that there is a reason that people want to leave certain countries where corruption and lack of legal and regulatory accountability is the norm and come to Canada in the hopes to find a place where the rule of law is applied and respected.

Way too few people report wrongdoing or unethical behavior by those whom we pay via taxes and who are considered civil SERVANTS.

CBSA have the final call. They can and have the power to refuse issuing permits at the border. There is nothing you can do to change it and i would suggest you comply with CBSA orders.

 

[jweekend]

Sure but if indeed all the "variables" between each individual matched and one gets through the other does not then that is cause for serious concern because it means the agent did not apply sound judgment and adhered to guidelines but rather took matters into his own hand and decided based on mood, gender, or personal appeal. And such should be reported and a complained should be filed if it was true. Not saying it was, simply saying that there is a reason that people want to leave certain countries where corruption and lack of legal and regulatory accountability is the norm and come to Canada in the hopes to find a place where the rule of law is applied and respected.

Way too few people report wrongdoing or unethical behavior by those whom we pay via taxes and who are considered civil SERVANTS.

Sorry but you're wrong.

Guidelines are just that, guidelines. CBSA can apply his or her own discretion in making decisions.

 

[prospectiveab]

what changes make those forms on your study permit? Is it completely cancelled (withdrawn) and you need to apply again or you may hope on plane and travel again soon?

He cut me short and stated that I should go back to my home country and continue my studies remotely

I guess they don't cancel anything due to current COVID circumstances, although nothing is guaranteed, that's why more of us are willing to take their chances.

 

[Matt173]

Decisions based on? And that is what matters. Are the decisions based on gut or are those decisions in agreement with guidelines given to those border agents. Whenever a complaint is filed the internal affairs officers first makes sure that guidelines were adhered to. Then the all important question will be asked of the officer "what did you base your decision on?". If an officers does not have a reasonable answer but it turns out he did not like the shirt color of the screened individual then this guy gets another chance but a repeat "offender" would be fired, retired, or placed somewhere else where he or she can do less harm. Officers of the law who play sheriff in wild west are harming any law and rule based society.

Sorry but you're wrong.

Guidelines are just that, guidelines. CBSA can apply his or her own discretion in making decisions.

 

[jweekend]

Decisions based on? And that is what matters. Are the decisions based on gut or are those decisions in agreement with guidelines given to those border agents. Whenever a complaint is filed the internal affairs officers first makes sure that guidelines were adhered to. Then the all important question will be asked of the officer "what did you base your decision on?".

Decision to issue a permit and admit entry. CBSA officers are allowed to make their own judgements.

 

[Matt173]

They are allowed to apply a certain degree of judgment WITHIN their given guidelines and instructions. Which part is so hard to comprehend? Just because a border agent deems someone harmless based on "own judgment" and hence does not ask for any paperwork or visa will be put on administrative leave and subsequently fired.

Back to the topic. If the situation absolutely matched between the couple then the officer had no justification nor right to admit one but reject the other. And if I was in place of OP I would definitely file a complaint and investigation because this is simply not right

Decision to issue a permit and admit entry. CBSA officers are allowed to make their own judgements.

 

[jweekend]

They are allowed to apply a certain degree of judgment WITHIN their given guidelines and instructions. Which part is so hard to comprehend? Just because a border agent deems someone harmless based on "own judgment" and hence does not ask for any paperwork or visa will be put on administrative leave and subsequently fired.

Back to the topic. If the situation absolutely matched between the couple then the officer had no justification nor right to admit one but reject the other. And if I was in place of OP I would definitely file a complaint and investigation because this is simply not right

Guidelines already stated no entry for non essential travel and OP's travel is clearly non essential. CBSA officer made his own discretion in allowing his wife to enter and issue her a permit contrary to guidelines. Does that mean that OP is going to file a complaint to revoke his wife study permit, since entry is clearly not possible under current regulations?

 

[Matt173]

We, you included, don't know all the details. OP explicitly mentioned he had a letter from the university stating his travel was essential. So, with all due respect, I think you go down the wrong rabbit hole with this...if it was clear that his travel was essential then the agent should have been forced to deem it essential. Anything else and we can as well give up on rules and laws and become a banana republic where we can pay border agents for favors or expect them to judge based on their daily mood or our appearance.

Guidelines already stated no entry for non essential travel and OP's travel is clearly non essential. CBSA officer made his own discretion in allowing his wife to enter and issue her a permit contrary to guidelines. Does that mean that OP is going to file a complaint to revoke his wife study permit, since entry is clearly not possible under current regulations?

 

[jigzyy]

We, you included, don't know all the details. OP explicitly mentioned he had a letter from the university stating his travel was essential. So, with all due respect, I think you go down the wrong rabbit hole with this...

Institutes are generating certificate automatically. You file a request and it is generated and sent to applicant. They do not stand behind those letters as they do not have any legal authority. It's up to CBSA officer to accept or reject based on those letters.

You are correct that they both should have been together with one officers instead of splitting in to two separate officers. This would have been resulted in either, allowed in to the country for both or refused entry to both. That was the lack of judgment (among others) costed his SP and not hers.