Withdrawal of FSW Application

[min2max]

Hi friends,

I'm applying under the FSW category and is now expected to attend an interview shortly. Due to some special circumstances I changed my mind somewhat and I'm considering the possibility of withdrawing/canceling my application. Something special is that my son is currently holding a study permit studying in Canada. What I want to know now is whether there would be some adverse effect on my son's eligibility to stay and study in Canada from such withdrawal and, if the answer is yes, what impact it would be?

Thanks for any information in advance.

min2max

 

[min2max]

In common sense, the existing visa, either as visitor or worker or student, and the in-processing resident application are separate and in two different streams, which means, in general, one would have no impact on the other. But according the Immigration and Refugee Protection Regulations --

42. (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

How should this clause be construed (please note 'leave Canada' at the end)?

 

[min2max]

Or if this question was too legal or academic, I would ask in another way -

Until when is an application allowed to be withdrew?

 

[scylla]

Something special is that my son is currently holding a study permit studying in Canada. What I want to know now is whether there would be some adverse effect on my son's eligibility to stay and study in Canada from such withdrawal and, if the answer is yes, what impact it would be?

No impact to your son's study permit.

 

[min2max]

No impact to your son's study permit.

Thank you very much for your reply, scylla.

How do you comprehend the clause of the Regulations I quoted above?

 

[scylla]

Thank you very much for your reply, scylla.

How do you comprehend the clause of the Regulations I quoted above?

It's irrelevant and has nothing to do with immigration applications. 'Seeking to enter Canada' refers to people who are literally entering Canada (at the border).

 

[min2max]

It's irrelevant and has nothing to do with immigration applications. 'Seeking to enter Canada' refers to people who are literally entering Canada (at the border).

Yes, I initially understood the same way - the applicant being either in another country other than Canada or right at the border control area seeking to enter Canada (as you comprehend). For the former case it makes sense; but for the latter, would anybody withdraw his/her application right when he/she is trying to enter Canada? This makes no sense in my humble opinion.

 

[min2max]

My current status is MER (Medical Examination Received). Am I allowed to withdraw my application as this time?

 

[scylla]

Yes, I initially understood the same way - the applicant being either in another country other than Canada or right at the border control area seeking to enter Canada (as you comprehend). For the former case it makes sense; but for the latter, would anybody withdraw his/her application right when he/she is trying to enter Canada? This makes no sense in my humble opinion.

Again - this clause has nothing to do with immigration applications. You seem to be desperately looking for problems where there are none. The word "application" has many meanings and you are being FAR too limited in your interpretation.

The "application" mentioned in the clause refers to the process of entering Canada as a visitor, student, temporary worker. At the border when you speak with an immigration officer, you are effectively making an "application" to enter Canada. That's what "application" refers to in this clause. Sometimes Canada doesn't want to let someone in. In these scenarios, by withdrawing your "application" you are agreeing that you no longer wish to enter Canada and will voluntarily leave (return to where you came from). This is the option people are usually offered when they are refused entry into Canada (i.e. to withdraw their "application" to enter the country). Taking the "withdraw your application" option is the smart thing to do if you ever want to enter Canada temporarily again since it demonstrates that you complied with border officials' requests and were cooperative.

 

[min2max]

Again - this clause has nothing to do with immigration applications. You seem to be desperately looking for problems where there are none. The word "application" has many meanings and you are being FAR too limited in your interpretation.

The "application" mentioned in the clause refers to the process of entering Canada as a visitor, student, temporary worker. At the border when you speak with an immigration officer, you are effectively making an "application" to enter Canada. That's what "application" refers to in this clause. Sometimes Canada doesn't want to let someone in. In these scenarios, by withdrawing your "application" you are agreeing that you no longer wish to enter Canada and will voluntarily leave (return to where you came from). This is the option people are usually offered when they are refused entry into Canada (i.e. to withdraw their "application" to enter the country). Taking the "withdraw your application" option is the smart thing to do if you ever want to enter Canada temporarily again since it demonstrates that you complied with border officials' requests and were cooperative.

This indeed makes much sense - deeply appreciated.