Hi, one of my friends just got his PR rejected and it says he must leave the country by the end of the month. His work permit is still valid till 2025 but we're not sure if this cancels his status, his lawyer or consultant said to wait for ircc to see if he gets contacted. Any help would be appreciated!
PR rejected must leave country by end of month but work permit still valid
- Thread starter Orostacus
- Start date
This isn't enough information for any of us to comment. You would need to provide the full text of the refusal letter, say how you applied for PR/through which program, and also indicate how you secured the work permit.
Pr program pnp, express entryapplied 2022
PGWork permit extension approved September 2023
This refers to the Application for Permanent Residence in Canada.
After careful review of your application, I have determined that you do not meet the requirements for immigration to
Canada.
Section 72(1)(e) (i) of the Immigration and Refugee Protection Regulations states that a foreign national in Canada becomes
a permanent resident if, following an examination, it is established that they and their family members, whether
accompanying or not, are not inadmissible.
Section 33 of the Immigration and Refugee Protection Act states that the facts that constitute inadmissibility under sections
34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable
grounds to believe that they have occurred, are occurring or may occur.
Subsection 36(2) of the Act states that:
(1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
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(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term
of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of
imprisonment of more than six months has been imposed;
(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an
offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
(c) committing an act outside Canada that is an offence in the place where it was committed and that, if
committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term
of imprisonment of at least 10 years.
I have reason to believe that you are inadmissible to Canada on the grounds of criminality. 2020/06/13 you were
convicted (in Canada) of Operation of vehicle while impaired with BAC equal or over 80mgs under subsection 320.14(1)(b)
of the Criminal Code of Canada. As a result of this conviction you may be inadmissible under Subsection 36(1)(a) of the
Immigration and Refugee Protection Act. I have carefully reviewed you request for H&C exemption (as per IRPA 25(1)) and I
am not satisfied that there are sufficient/compelling grounds to grant exemption from your criminal inadmissibility.
Subsection 21 (1) of the Act states that a foreign national becomes a permanent resident if an officer is satisfied that the
foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is
not inadmissible. For the reasons set out above, I am not satisfied that you are not inadmissible and that you meet the
requirements of the Act. I am therefore refusing your application for permanent residence.
If the Right of Permanent Residence fee was paid, it will be refunded within six to eight weeks to the payee listed on the
proof of payment you submitted with your application. If the fee was paid by credit card, it will be credited back to the credit
card account. Otherwise, a cheque will be mailed to the payee's address in approximately six weeks to eight weeks.
Should you wish to reapply, you will be required to submit a new application and pay a new processing fee. Any new
application will be assessed according to the Immigration and Refugee Protection Act in force at the time that the new
application is filed.
You are currently inadmissible to Canada under IRPA36(1)(a). You must leave Canada immediately. You can voluntarily
leave Canada to avoid an enforcement action being taken against you. If you decide to voluntarily leave Canada, please
confirm your travel itinerary by November 29, 2023 by sending an email to the following email address: --------------@cic.gc.ca. If we do not hear from you by November 29, 2023, an enforcement action
may be taken against you.
Thank you for your interest in Canada.
His work permit extension was granted after 2 years of the sentence on September 2023, allowing him to stay in Canada until january 2025. Does this means his status has been revoked? Im curious to know if he can keep his temporary resident status until is expired. Hope this info helps to understand better the situation
This matter is too complex for an immigration forum. DUIs are very serious matters and make you inadmissible to Canada. Yes, you may very well need to leave Canada before the work permit expires in 2025. Once again, this is an extremely serious matter and too complicated to be getting advice from non professionals on a public forum.
Are you working with an immigration consultant? If so, drop the immigration consultant immediately and hire a very good immigration lawyer.
I'm not sure who he's working with, I'll ask him later. The reason i ask is to see if there's any precedents of people that dealt with this in the past, seems like the most reasonable thing to do is to call IRCC and ask about this. I wonder if an immigration lawyer could have any effect on the outcome if there's no way back, i wouldn't want my friend to spend thousands for absolutely no reason (he might already be doing this).
That is definitely not the most reasonable thing to do.
The IRCC help desk does not provide legal advice and can only be relied upon to answer basic questions. This is a complex legal question. The help desk does not have the expertise to provide this kind of advice nor should anyone rely on their advice for this kind of situation. This needs a very good lawyer. Alternatively your friend can also just sit around and wait and do nothing. But that comes with its own risks. Your choice.
Fair enough, it is a very complicated subject and it needs a good lawyer involved. Thanks for taking your time responding.
Just to further demonstrate how serious... As of December 2018, Canada upgraded DUIs to serious criminality. As a result, even someone who is a PR of Canada can now lose PR status due to the DUI and be forced to leave Canada. This situation is even more dire for those who are only here temporarily.
Hi, this is the informative part regarding his current status.
You are currently inadmissible to Canada under IRPA36(1)(a). You must leave Canada immediately. You can voluntarily
leave Canada to avoid an enforcement action being taken against you. If you decide to voluntarily leave Canada, please
confirm your travel itinerary by November 29, 2023 by sending an email to the following email address: --------------@cic.gc.ca. If we do not hear from you by November 29, 2023, an enforcement action
may be taken against you.
Your friend currently has temporary resident status in Canada - he's a visitor with authorization to engage in employment. There has to be a finding of fact regarding his conviction and that would take about 3 minutes for a Canadian conviction.
The authorities are now in possession of evidence of his criminal record sufficient to adjudicate his criminal inadmissibility and begin the removal process if he doesn't leave Canada voluntarily. No more work permit and a removal order will be the result. He'll likely be somewhat limited with his future travel plans as well.
He's been warned with this letter - get out, and advise them where and when he'll be leaving, or he gets a brand new file with the CBSA that may involve arrest, detention and perhaps even an escorted removal. If he doesn't want to add to his Canada immigration woes then leave without the CBSA becoming interested in him. Criminal enforcement statistics are gold for the CBSA - more criminal removal stat's = bigger budget!
What city is he in? I'm just curious because of the differing detention centres across Canada. Some of them are just pretrial facilities stuffed full of run-of-mill Canadian criminals while other places have specific immigration lock-ups where the odds of being assaulted are greatly reduced.
You are currently inadmissible to Canada under IRPA36(1)(a). You must leave Canada immediately. You can voluntarily
leave Canada to avoid an enforcement action being taken against you. If you decide to voluntarily leave Canada, please
confirm your travel itinerary by November 29, 2023 by sending an email to the following email address: --------------@cic.gc.ca. If we do not hear from you by November 29, 2023, an enforcement action
may be taken against you.
Your friend currently has temporary resident status in Canada - he's a visitor with authorization to engage in employment. There has to be a finding of fact regarding his conviction and that would take about 3 minutes for a Canadian conviction.
The authorities are now in possession of evidence of his criminal record sufficient to adjudicate his criminal inadmissibility and begin the removal process if he doesn't leave Canada voluntarily. No more work permit and a removal order will be the result. He'll likely be somewhat limited with his future travel plans as well.
He's been warned with this letter - get out, and advise them where and when he'll be leaving, or he gets a brand new file with the CBSA that may involve arrest, detention and perhaps even an escorted removal. If he doesn't want to add to his Canada immigration woes then leave without the CBSA becoming interested in him. Criminal enforcement statistics are gold for the CBSA - more criminal removal stat's = bigger budget!
What city is he in? I'm just curious because of the differing detention centres across Canada. Some of them are just pretrial facilities stuffed full of run-of-mill Canadian criminals while other places have specific immigration lock-ups where the odds of being assaulted are greatly reduced.