Desperately seeking advice

[geeladys]

Hi everyone,

I'm hoping you can help me with this. I'm applying for the CEC and everything is fine so far but I'm concerned about my brother.. he was in school but was on probation and was later on expelled for due to his academic record in university. He's currently in Canada on a study permit and he does some work (not steady) even though he doesn't have a work permit :/. I'm wondering if anyone can advise on some options... we applied as a family for PR but the process has been halted due to back logs.. and at this point my parents don't want to continue.. He wants to stay in Canada and I'm just wondering what options I can suggest to him.

Thank you!

 

[gong0704]

Hmm, I don't think it's a big deal. But your brother should have a valid VISA to stay here though.
Can you go and get a police certificate for him either in your home country or Canada and see if it shows any record?

In another matter, how are going to apply for him? As your dependent? I didn't think that you could put him as dependent and apply at the same time in the CEC program.

 

[geeladys]

Thanks for your advice, I guess my question is what can I apply for so that he can stay? A visa would require that he is in school right? Is there anything I can apply for so that he can just stay in Canada to work? or should he do an application to change conditions and extend his stay? He's 24 so I'm not sure that I can list him as a dependent, we're only a year apart.

 

[spookyb]

Thanks for your advice, I guess my question is what can I apply for so that he can stay? A visa would require that he is in school right? Is there anything I can apply for so that he can just stay in Canada to work? or should he do an application to change conditions and extend his stay? He's 24 so I'm not sure that I can list him as a dependent, we're only a year apart.

He cannot be your dependent. If he wants to apply for immigration under any of the economic classes (CEC, PNP), he would have to find a skilled job. Otherwise, he can stay as a student by trying to get reinstated into university.

 

[honeysingh]

Thanks for your advice, I guess my question is what can I apply for so that he can stay? A visa would require that he is in school right? Is there anything I can apply for so that he can just stay in Canada to work? or should he do an application to change conditions and extend his stay? He's 24 so I'm not sure that I can list him as a dependent, we're only a year apart.

As he is currently on a study permit and he is expelled from the University, he should asap get an admission from different school to continue his status.

As far I know, staying on a study permit and not enrolled in any academic studies (Except scheduled breaks from universities) can be counted as illegal status..

So my suggestion is, tell your brother to get an admission and finish studies and get a Post graduation work permit.

 

[geeladys]

Thanks very much for your input, I will do that asap.

 

[vijayarr]

I'm confused! Why did your PR process get halted cuz of your brother? Most of all, your brother is NOT your dependent. I had a friend who faced similar situation (like your brother) but I would like to understand few things before I suggest something:

1. I understand he got expelled from the university due to poor performance in academics. Does he want to study elsewhere (switch to another university?)?

2. He want's continue working and not study anymore?

 

[vijayarr]

There are few complications when you get expelled from the university. So let me know when he got expelled as well.

 

[YoungJC]

My suggestion would be to apply to a college instead of another University. Its easier to get into college. If he completes a 2-3 year program, he could get a 3 year work permit then later apply for PR under CEC if he qualifies. That would be the best way to remain in Canada IMO

 

[SenoritaBella]

1. With a valid study permit, he can stay legally until it expires(this is a loophole CIC is working to close). If he wants a visa(TRV), yes, he has to be in school. Reason is they will need his current transcripts and/or letter from school confirming enrollment.

That said, it is important that he obey all laws. Something trivial like a traffic infraction could lead to police asking about his status. Not being in school means he really has no reason to be in Canada and could be ordered to leave Canada. Also, working without authorization is huge risk. If caught, he could be asked to leave the country too.

2. Is he willing to return to another school to give it a try? Whatever he struggled with, if language(he can enroll in ESL classes); if academics(he can get a tutor), etc to help him. Once that study permit expires before he finds a solution, the future is bleak.

3. Anything he wants to do is easier now while he still has legal status. If he can find an employer willing to apply for and obtain a LMO for him, then he could apply to change conditions.

Anyway, good idea to seek legal advice before he makes any applications to CIC at this point.

More importantly, what did you say was his occupation on your CEC application?

Thanks for your advice, I guess my question is what can I apply for so that he can stay? A visa would require that he is in school right? Is there anything I can apply for so that he can just stay in Canada to work? or should he do an application to change conditions and extend his stay? He's 24 so I'm not sure that I can list him as a dependent, we're only a year apart.