I feel like i've been betrayed

[beautifulbutterflies]

first of this is my first post and i need your advice guys

i came to canada on a study permit in nov 2010 and i studied for 2 years from 2011 to 2013 to pursue my diploma and on april 2013 i met with a girl of my dreams and we started living together and due to my gf abusive relationship with her ex in the past victim services was involved and they told us to move out of province and so we did. she was pregnant in july 2013 with my baby i had to leave my college and everything behind to move with her


in sep 2013 and upon reaching there i applied to usask for jan intake and they asked me for ielts which was expired so i couldnt continue as there was 3 month wait period for ielts exam so i couldnt enroll and as months passed by i asked her to move with me back to my college but it was hard as she was already 6 months pregnant and doctor advised her bed rest cuz there was a chance of preterm labor. it was too much stress for me and i found myself in dark world yup severe anxiety and depression diagnosed by my family doctor and psychiatrist and my whole life was changed as i couldnt function, identify myself in the mirror and it looked like i was living in a dream state and i used to get 7-8 panic attacks per day. i was at my worst in that period so i started taking antidepresssants.

my beautiful baby was born in april and we decided to move back to bc for my college in sep and i registered and started going to school then later on in november i stasrted suffering bouts of heavy depresssion so i went for a medical withdrawal as i couldnt cope as it was too much. me and my gf started planning about future for our marriage and she wanted to sponsor me so we started the process in feb as my visa was expiring at the end of the march. everything was prepared and we were about to submit an application cbsa got the info from somewhere that i was not studying and that was it the worst day of my life. they put me in cell as i was a criminal and i was given exclusion order for 1 year. nobody gave me a chance to speak for myself and prove what actually happened and all the circumstances ive been through. i told them that ive a family here and all other circumstances but they just dont seem to care. i felt violated of my rights and betrayed.
im back in my home country while in canada im missing milestones of my baby and my love for my wife. how can they be so unhumane like they have no humanity.

how is this even fair on humanitarian and compassionate grounds?

my lawyer said there is no appeal process and i should ask for pardon.
why would i even ask for pardon as ive done nothing wrong?

guys tell me what to do i need your help i miss my family in canada

 

[scylla]

It makes sense you were given an exclusion order since you were in violation of the terms of your study permit (once you stop studying for more than 90 days your study permit is automatically canceled and you are out of status in Canada). Schools are obligated to submit a report to CBSA when a student is no longer attending school. And H&C considerations don't factor into this decision. Once you dropped out of school, you should have changed your status to visitor to keep yourself in status in Canada.

If you want to return to Canad before the exclusion order expires - you'll need to submit an ARC (Authortization to Return to Canada). Note that it can take many months for ARCs to be processed.

If you have lived with your girlfriend for at least a year, she can apply to sponsor you as her common law partner using the outland process and include an ARC with this application. If you haven't lived together for at least a year - then you will have to get married first.

Hope this helps and good luck.

 

[Aquib]

Dod they give Exculation order or departure order at first ? Normally they just give departure order and if u leave within 30 days you won't need authorisation to return while applying for new visa.
You said you on medicines.
Did you got receipt of medicine. ?
Were you working during those time ?
As lot of time students take sick notes from doctor but keep working and its not hard for cbsa to cross check.

Exclusion order cost cbsa , for them simple to give departure order. Is there anything you missed in your post ?

 

[Ponga]

The rule changed on June 1, 2014:

Before:
International students who have completed their studies but hold valid study permits can remain legally in Canada until the expiration of their study permit.


After:
A study permit becomes invalid 90 days following the completion of studies unless the foreign national also possesses a valid work permit or another authorization to remain in Canada.

---------------


Completion of studies would certainly include voluntary termination of attendance, but this happened to you BEFORE June 1, 2014, correct?

When you say that your visa was expiring at the end of March...do you mean this year, or last year?

 

[scylla]

When you say that your visa was expiring at the end of March...do you mean this year, or last year?

Pretty sure it's March this year or the exclusion order would have already expired. So the new study permit rules apply. OP was out of status in Canada.

 

[Ponga]

Yup. I think the OP simply had no idea that the rule had changed.

As sad as this story is, I can understand CBSA's decision.

 

[beautifulbutterflies]

Dod they give Exculation order or departure order at first ? Normally they just give departure order and if u leave within 30 days you won't need authorisation to return while applying for new visa.


You said you on medicines.
Did you got receipt of medicine. ?

Were you working during those time ?

As lot of time students take sick notes from doctor but keep working and its not hard for cbsa to cross check.

Exclusion order cost cbsa , for them simple to give departure order. Is there anything you missed in your post ?

they never gave me departure order

i got plenty of paperwork from both my family doc and psychiatrist

i was not working at all cuz life was challenging for me evryday

 

[beautifulbutterflies]

The rule changed on June 1, 2014:

Before:
International students who have completed their studies but hold valid study permits can remain legally in Canada until the expiration of their study permit.


After:
A study permit becomes invalid 90 days following the completion of studies unless the foreign national also possesses a valid work permit or another authorization to remain in Canada.

---------------


Completion of studies would certainly include voluntary termination of attendance, but this happened to you BEFORE June 1, 2014, correct?

When you say that your visa was expiring at the end of March...do you mean this year, or last year?

yes on the 28 march of this year

 

[Ponga]

yes on the 28 march of this year

As scylla has already mentioned, it is because you were found to be in Canada without status, because of the rule change last June.

Unfortunately, I don't have any suggestions for you. If you had submitted an Inland sponsorship application BEFORE CBSA was made aware of this, it might have prevented your removal, but it's a moot point now.



Good luck and I hope you are reunited with your family very soon...somehow.

 

[beautifulbutterflies]

can she sponsor me on basis of commom law partner after a year as ive heard there is no point of applying for arc as it is granted in extreme circumstances. do i have to wait a year now
what are my options now guys?

 

[jbrown]

beautifulbutterflies, I'm sorry to hear about your situation but the 1st thing you need to do is accept responsibility.
You did do something wrong; you violated the conditions of your study permit by dropping out of school and that's a serious offense.

You should've notified CIC of any changes in your personal circumstances and provide them with a Dr.'s note and College's good standing letter and allow CIC to evaluate your case and decide until when you could've taken a break or if you had to return to your home country. The decision was up to CIC, not up to you at that point. Think about it; if CIC allows international students to drop out of school with no consequences, then the system would be a mess.

...at this point your choices are; either wait for the one year exclusion to pass or if you want to return earlier, apply for an ARC.

we all make mistakes.

 

[beautifulbutterflies]

beautifulbutterflies, I'm sorry to hear about your situation but the 1st thing you need to do is accept responsibility.
You did do something wrong; you violated the conditions of your study permit by dropping out of school and that's a serious offense.

You should've notified CIC of any changes in your personal circumstances and provide them with a Dr.'s note and College's good standing letter and allow CIC to evaluate your case and decide until when you could've taken a break or if you had to return to your home country. The decision was up to CIC, not up to you at that point. Think about it; if CIC allows international students to drop out of school with no consequences, then the system would be a mess.

...at this point your choices are; either wait for the one year exclusion to pass or if you want to return earlier, apply for an ARC.

we all make mistakes.

hi jbrown

thanx for ur reply but it was never my intention to break the law. i took some time off hoping i would feel better and continue with study and i did in sep 2014 but it didnt work out and i had to go for medical withdrawal. i guess at this time i should just acknowledge my mistake and learn something from it even thou the predicament i was in was utterly terrible

 

[beautifulbutterflies]

quick question guys
would this exclusion order have impact on me applying to canada in future and other countries and if so what should i do?

 

[zardoz]

quick question guys
would this exclusion order have impact on me applying to canada in future and other countries and if so what should i do?

It will not impact your Canadian PR application in the future but it may well impact your ability to obtain a visa for visiting, both Canada and other countries.

 

[beautifulbutterflies]

It will not impact your Canadian PR application in the future but it may well impact your ability to obtain a visa for visiting, both Canada and other countries.

do i need to apply for pardon