Refusal After Implied Status

[mickey11]

Hello, Good Day!
I need help and advice.
I entered in Canada as temporary worker but unfortunately my contract was not renewed. June 2017, 2 months before the expired of my work permit, I applied for study permit and I was under implied status since then. My application took 7 months before I received the decision which was refused. The decision came out January 16, 2017:

Following an examination of your application, I am not satisfied that you meet the
requirements of the Immigration and Refugee Protection Act (IRPA) and the Regulations
(IRPR) for the reasons explained below. I am therefore refusing your application.

In reaching this decision, I considered several factors, including:

 Length of proposed stay in Canada
 Your personal assets and financial status
 Purpose of visit
 I am not satisfied that you have sufficient funds, including income or assets, to
carry out your stated purpose in Canada or to further maintain yourself while in
Canada and to effect your departure. You have submitted a Letter of Acceptance
to show that the overall cost for tuition is $12,450 CDN for the first year. You’ve
provided proof of funds to show that your net worth on December 31, 2017, was
$10,210.50. This is insufficient to cover the cost of tuition, books, fees and living
expenses.
 Your original purpose of coming to Canada was to work. I’ve reviewed your work
and education history and note this program of studies (Advanced Clinical
Massage Therapy) does not follow a logical progression. I am not satisfied it is
your intent to study, rather to extend your stay and continue working.
Furthermore, your support network is located in Jasper, AB, whereas the
program of studies is in Edmonton, more than 300 kms away. This would
necessitate additional expenses for you to relocate, which you have
desmonstrated that you do not have.
 I am not satisfied you will leave at the end of your authorized stay.
After careful consideration of the information and facts before me, your application for a
study permit is refused for the reasons noted above. You no longer have status in
Canada and must leave, or could face enforcement action.

After I received this letter from IRCC, I booked my flight right away. January 18 was the flight going home and I arrived in my country January 20. I called CIC to ask if I am consider as overstay and the agents have different say about my case.

My question are:
1. Do I really consider as overstay because I arrived home 4 days after the refusal even there is no specific time to leave Canada?
2. I am planning to comeback to Canada, will this refusal will affect my future application as worker.

Please do help me with this matter.
Thank you very much in advance.

 

[Binabik]

Hi there,

1. Your status ends the day of the refusal, but you then have 90 days to leave Canada. Since you left the country pretty fast, it should not be an issue in the future.

2. When asked about your situation, explain that you stayed in the country under implied status, and that you left the country immediately after receiving the refusal letter. If you need to fill forms about your history here (e.g., eTA...), answer yes to questions such as "Have you been refused a visa" and explain the above.

 

[jes_ON]

Hello, Good Day!
I need help and advice.
I entered in Canada as temporary worker but unfortunately my contract was not renewed. June 2017, 2 months before the expired of my work permit, I applied for study permit and I was under implied status since then.

Unfortunately, you have misunderstood "implied status." Implied status exists only if you apply to extend an existing work permit or study permit (same conditions), but not if you apply to change conditions (e.g. from work permit to study permit).

You would generally be allowed to remain in Canada while a decision was made, but you should have stopped working when your work permit expired. It is not clear if you continued to work or not, so it is not clear how much of a problem this was.

 

[mickey11]

Hello,
After my work permit expired last August 2017, i stopped working. I never tried working illegally while waiting for the decision of my study permit. Will I have the chance to comeback to Canada if ever I will apply again for new work permit..? Thank you very much

 

[mickey11]

Hi there,

1. Your status ends the day of the refusal, but you then have 90 days to leave Canada. Since you left the country pretty fast, it should not be an issue in the future.

2. When asked about your situation, explain that you stayed in the country under implied status, and that you left the country immediately after receiving the refusal letter. If you need to fill forms about your history here (e.g., eTA...), answer yes to questions such as "Have you been refused a visa" and explain the above.

Thank you very much for your reply. May I ask, if ever I apply for visa to enter canada again as worker, do I need to attach an explanation letter regarding my refusal of study permit, or should I just wait the immigration to ask about it. Thank you very much

 

[canuck_in_uk]

Thank you very much for your reply. May I ask, if ever I apply for visa to enter canada again as worker, do I need to attach an explanation letter regarding my refusal of study permit, or should I just wait the immigration to ask about it. Thank you very much

You need to declare the refusal in any future apps. You don't need to write an explanation letter.

I suggest you hold off on trying to come to Canada for awhile.

 

[canuck_in_uk]

Unfortunately, you have misunderstood "implied status." Implied status exists only if you apply to extend an existing work permit or study permit (same conditions), but not if you apply to change conditions (e.g. from work permit to study permit).

You would generally be allowed to remain in Canada while a decision was made, but you should have stopped working when your work permit expired. It is not clear if you continued to work or not, so it is not clear how much of a problem this was.

Implied Status is given when a person with valid status applies to extend their temporary residency status, regardless of what kind of status they currently hold and what status they are applying for (with a few exceptions such as incomplete work permit apps). They are allowed to stay in Canada and have legal status while awaiting the outcome of their application. This is the same for a visitor applying for a study/work permit, a worker applying for a study permit, a student applying for a work permit etc.

The right to continue working/studying while on Implied Status depends on whether a person has applied to renew their current status or if they have applied to change their status. If it is the former, they can continue to work/study while on Implied Status. If it is the latter, they must cease working/studying when on Implied Status.

 

[jes_ON]

Hello,
After my work permit expired last August 2017, i stopped working. I never tried working illegally while waiting for the decision of my study permit. Will I have the chance to comeback to Canada if ever I will apply again for new work permit..? Thank you very much

That is good. This should not cause you any future problems.