Complex Case( i am within Canada)

[vvish]

Hey Guys,

i would love to hear for some suggestions. i have a really complex case and i am looking to get PR in Canada.
below is my story which can give you some idea.

i came to Canada in Dec of 2010 on student visa. i didn't start my college until September 2011. i started 2 year course but after 1 year i couldn't go back to school because of financial reason then after that i started working and i worked part tie till April 2012 on off campus permit and after April i found a good and kept working full time till now .
My study permit is expiring in Dec of 2016 and i want to settle before that .

i am also in a common law with a international student and her Open work visa expires in dec 2016 as well.

if anyone knows a person that can help me or any kind of guidance would be great.
i was also told that i can't go back to school because of the break in my studies is ore than 6 months

 

[scylla]

You're in violation of your study permit and have been working illegally in Canada since you dropped out of school (unless you obtain a closed work permit based on a job offer and approved LMIA). Based on the information you have provided, I don't see any options for you to remain in Canada. Note that none of your work experience in Canada can be counted towards any immigration program (again, unless you have a closed work permit).

You're certainly not going to be approved for another study permit. If you try to apply for an open work permit based on your common law relationship, that would also be refused due to your illegal work (again, unless you have a closed work permit).

 

[Aquakitty]

How were you working full-time? First of all a study permit only allows full-time work during breaks, and secondly if you aren't in school, the permit is void. Assuming you are in fact working illegally, you'd have to wait till if/when your common-law wife qualifies for PR, then I believe she can sponsor you. However, as Scylla said this means you are in Canada illegally so expect a longer process since it's going to look to them like your true goal is staying in Canada. You could be issued a removal order.

 

[canuck_in_uk]

As said above, you've been working in Canada illegally for several years now. You are illegally in the country and have no options for applying for PR; you need to immediately stop working and leave Canada.

 

[Ponga]

As said above, you've been working in Canada illegally for several years now. You are illegally in the country and have no options for applying for PR; you need to immediately stop working and leave Canada.

But since the OP was issued the study permit back in 2010, and it is valid for another year, wouldn't s/he still have valid status?
The change to the study permit rules was enacted last June, that now requires a student to actually study, but doesn't affect those that applied prior to that change.

It still doesn't negate the fact that s/he has worked illegally.

 

[HoPe90]

I second everything everyone else has said, you may want to find a lawyer that has free consultations and see what your options are because your case is indeed very complex. It wont be an easy one to apply for PR.

 

[canuck_in_uk]

But since the OP was issued the study permit back in 2010, and it is valid for another year, wouldn't s/he still have valid status?
The change to the study permit rules was enacted last June, that now requires a student to actually study, but doesn't affect those that applied prior to that change.

It still doesn't negate the fact that s/he has worked illegally.

There was no transitional provision for the requirement to actively pursue studies.

http://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/sor-dors14-eng.php

The specific regulation is 220.1(1)(b):

Conditions — study permit holder

220.1 (1) The holder of a study permit in Canada is subject to the following conditions:

(b) they shall actively pursue their course or program of study.

If you look under the "Transitional Provisions" section, you will see that 220.1(1)(b) is not present.

If you look under "Transitional Provisions" section in the "Background" section, you will see that it states:

Students are expected to be actively pursuing their studies regardless of whether or not their study permit was issued before or after the coming into force of the Regulations, and enforcement action for failure to do so is available to officers.

 

[Ponga]

There was no transitional provision for the requirement to actively pursue studies.

http://gazette.gc.ca/rp-pr/p2/2014/2014-02-12/html/sor-dors14-eng.php

The specific regulation is 220.1(1)(b):

Conditions — study permit holder

220.1 (1) The holder of a study permit in Canada is subject to the following conditions:

(b) they shall actively pursue their course or program of study.

If you look under the "Transitional Provisions" section, you will see that 220.1(1)(b) is not present.

If you look under "Transitional Provisions" section in the "Background" section, you will see that it states:

Students are expected to be actively pursuing their studies regardless of whether or not their study permit was issued before or after the coming into force of the Regulations, and enforcement action for failure to do so is available to officers.

So...would that also apply to this person:
http://www.canadavisa.com/canada-immigration-discussion-board/inland-sponsorship-appl-sent-but-forgot-to-include-owp-appl-t389810.0.html

 

[HoPe90]

one of my many questions is how does CIC even know the person was not in school for a year? I know a friends bf has his work permit to renew his status but he hasnt been in school for over 6 months and I dont see him going back any time soon.

How will they know when he goes to try and apply for PR?

 

[vvish]

There was no transitional provision for the requirement to actively pursue studies.



The specific regulation is 220.1(1)(b):

Conditions — study permit holder

220.1 (1) The holder of a study permit in Canada is subject to the following conditions:

(b) they shall actively pursue their course or program of study.

If you look under the "Transitional Provisions" section, you will see that 220.1(1)(b) is not present.

If you look under "Transitional Provisions" section in the "Background" section, you will see that it states:

Students are expected to be actively pursuing their studies regardless of whether or not their study permit was issued before or after the coming into force of the Regulations, and enforcement action for failure to do so is available to officers.

Thanks a lot everyone for the answers. My visa is valid till next year, so i f i go back to school for a 1 year course do you guys think that will help ?

 

[scylla]

Thanks a lot everyone for the answers. My visa is valid till next year, so i f i go back to school for a 1 year course do you guys think that will help ?

It's hard to say given how long you have engaged in illegal work. Again, you've violated the terms of your study permit. So technically CIC could decide to take action against you and remove you from Canada at any time.

 

[canuck_in_uk]

So...would that also apply to this person:
http://www.canadavisa.com/canada-immigration-discussion-board/inland-sponsorship-appl-sent-but-forgot-to-include-owp-appl-t389810.0.html

Yeah. The funny thing is that person actually quoted the same thing I did and didn't even realize what it actually said.

 

[Ponga]

Yeah. The funny thing is that person actually quoted the same thing I did and didn't even realize what it actually said.

Since the definition in IP 8, of a person with `Lack of Status', includes someone that has worked or studied without authorization...doesn't that imply that they would not automatically be denied Inland PR sponsorship, as long as they have a qualified sponsor?
Even though the Inland Guide states that legal status is required, IP 8 has not been updated to reflect that the public policy has been discontinued.

I suppose the OP could already be on CIC, or CBSA's radar, which could be a game changer.

 

[canuck_in_uk]

Since the definition in IP 8, of a person with `Lack of Status', includes someone that has worked or studied without authorization...doesn't that imply that they would not automatically be denied Inland PR sponsorship, as long as they have a qualified sponsor?
Even though the Inland Guide states that legal status is required, IP 8 has not been updated to reflect that the public policy has been discontinued.

I suppose the OP could already be on CIC, or CBSA's radar, which could be a game changer.

The OP is the other thread could still apply inland. For someone who has just been out of status for awhile, it probably wouldn't result in any problems; CIC/CBSA still seem to overlook an overstay and allow the PR app to be processed.

However, OP in this thread has worked illegally for years, which is something that CIC/CBSA usually do not overlook. Also, his partner is not a PR and is probably several years away from even qualifying and becoming a PR. He has no way of legalizing his stay anytime soon and needs to leave Canada.