Exclusion order and Study permit!!!

[mohame23]

I have a Big problem here, I want to minimize my penalty to re do my Master on September (need 8 months to finish my MA) , however, I am feeling hopeless.

I got an exclusion order after five years of studying in Canada due to study permit expired in 2012 and have no idea about it until when I applied for SIN (Social Insurance number) to work as a TA in university on oct,2014. I told CBSA officer about my situation when I got arrested and I approved to them that I was about to travel voluntarily; this is because I quit my master program once I realized this issue, which was one weak before I got arrested, otherwise why would I quit my study after paying my tuition fees and all of other related cost ?
CBSA officer advised me to apply for ARC (Authorization to return to Canada). However when I came back home and asked the Canadian embassy about doing the ARC, immigration section asked me to apply for study permit. So I did apply for study permit and I attached “explanation letter” requesting to lower the penalty to enter Canada for less than 12 months with all the reasons and approves I got. Showing that I actually was intending to leave the country voluntarily after I realized my situation, so I can restart my Master program again on September instead of waiting another extra year. I also attached the acceptance and Teaching assistant award that I got from the university. However, two days age, I got a response from the officer telling me that My application was “Refused” for the following reasons:

“You have not satisfied me that you would leave Canada at the end of your stay. In reaching this decision, I considered the following factors ”:
- Purpose of visit
- Limited employment prospects in your country of residence.
- Your current employment situation.
- Your personal asset and financial status.
“ Other reasons,
Because you have been removed from Canada in Nov 2014, you need an ARC.”

I told them the purpose of my visit to do my Master. Not sure what they mean by “Limited employment prospects in your country of residence”, after all I m going to study and I m student and now I m not doing any work. I told them also in my letter which I attached that I have a money in my TD bank in Canada, TA award, and CBIE owes me a money which is more than enough of what they need of financial support, and of course I attached the related documents to approve what I said.

I applied for study permit ONLINE since there is no Canadian embassy in my country. I didn't have enough space to upload all financial documents so I send them the rest of my financial support documents online to the immigration section email.


I am so devastated now and have no idea what to do. Pleas help!

 

[scylla]

Exclusion orders cannot be waived or shortened without an ARC. The Canadian embassy gave you bad instructions. You have two options - apply for the ARC or wait for the exclusion order to expire and then apply for the study permit again. Note that ARCs typically take months to process. You are probably better off waiting until the exclusion order expires and then applying again.

"Limited employment prospects in your country of residence" means that CIC suspects you are using the student permit as a means of trying to immigrate to Canada (i.e. they have concerns you aren't a genuine student). The next time you apply for a study permit, you will need to show stronger ties to your home country to convince CIC that you plan to return home once your studies have been completed.

 

[mohame23]

Hi,

Thanks for your reply! Could I apply for ARC and study permit at the same time? and how long does it take to apply for ARC?
I really cant wait untill ARC is expired since my Master program starts only on September of every year and ARC expires on Nov, I only need two months shortens! Got any solutions?

I am not sure how to show strong ties, beside there is a civil war still going on in my country.

Thanks again.

 

[scylla]

Sure - you can apply for an ARC and study permit at the same time (in one application). In fact, this would be the right way to go. There is no standard processing time for ARCs. It's entirely possible the ARC won't be approved by September. But give it a shot and see what happens. It is too bad there is a civil war going on in your country right now. Given you studied on an expired study permit for a couple of years and ended up with an exclusion order - it's going to be extremely important to show that you have strong ties to your home country for the study permit to be approved (I don't know how you will do this - this is something you will have to sort out). Keep in mind that just because the ARC is approved, doesn't mean the study permit will be approved. It's possible the ARC could be approved and then the study permit refused again due to your immigration history in Canada and your lack of ties to your home country.

I am assuming that you retruned home on your own when you got the exclusion order and that you weren't deported and/or your flight wasn't paid for by Canada.

There are no solutions to your situation apart from applying for the ARC and new study permit, including as much evidence as you can showing strong ties to your home country, and hoping for the best. Again, it's really too bad that you failed to keep track of your study permit validity. Make sure you don't do this again if you manage to be approved. It is your responsibility to make sure you keep your status in Canada valid. Make sure you have a Plan B in place in case you cannot return to Canada.

 

[mohame23]

I will. Thank you. Do you know how can i apply for ARC with study permit at the same time? I know that i could apply for study permit online through cic.gc.ca. but not sure how to apply online for arc , and how can i match them together. Please, be advised that I have no visa office or Canadian embassy in my country. Thanks for your fast respond.

 

[scylla]

I will. Thank you. Do you know how can i apply for ARC with study permit at the same time? I know that i could apply for study permit online through cic.gc.ca. but not sure how to apply online for arc , and how can i match them together. Please, be advised that I have no visa office or Canadian embassy in my country. Thanks for your fast response.

You need to submit a paper-based application rather than applying online. You should apply through the visa office responsible for your home country.