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Student Permit

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trevsbaby View Drop Down
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Joined: 04 Dec 2009
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Post Options Post Options   Thanks (0) Thanks(0)   Quote trevsbaby Quote  Post ReplyReply Direct Link To This Post Topic: Student Permit
    Posted: 22 Apr 2010 at 5:10pm
I have all the necessary documents for my student permit except my passport. I have applied for a renewal of my passport back in Malaysia. I was in the process of applying for my PR and I decided to come back to Malaysia to renew my passport for my PR application. I have already spoken to Immigration Officers and lawyers in Canada.

I took some time off from school to do my application for my PR. I will be sponsored by my spouse in Canada. Upon reading the application, I have noticed that I needed my passport for the renewal. I thought I have an option to renew it in Canada but I'd have to get my PR and my PR application needs my passport. So I thought my only option is to come back to Malaysia and renew my passport and then apply for my PR later.

When I came back to Malaysia, the Immigration Malaysia is giving me problems because I didn't renew my passport in time as I was in the process of getting my PR so they are doing some investigation before they renew my passport. While they are doing that, they advise to give them any evidence from the Cdn government to speed up the investigation. So I spoke to immigration and they said I have not committed a crime even though I have overstayed  and it is stated in the Immigration law.They have advised me to go to the Canadian Department of Justice and look under Immigration and Refugee Acts and I would be able to find  the document to show Immigration Malaysia so they can renew my passport. My question is anyone knows where exactly can I find that document..I have been in the website for the Department of Justice and they were a lot of documents..under the Immigration and Refugee Acts..so if anyone can direct me to where I can find that particular document, please advise..Thank you very much in advance!! T
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matthewc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote matthewc Quote  Post ReplyReply Direct Link To This Post Posted: 23 Apr 2010 at 2:50pm
Simple overstay, where there was no departure order, removal order, or deportation, is "non-compliance" under A29(2).

The problem is the act and regulations define what does make you inadmissible, not what does not. Specifically, I don't believe the act or regulations actually states that simple overstay is resolved by leaving Canada. Unless someone else knows something written in the act or regulations that I do not, I believe the closest you'll find to an "official" reference that would help you is CIC's "Enforcement" manual on "Evaluating Inadmissibility" - ENF 2 section 10:

http://www.cic.gc.ca/english/resources/manuals/enf/enf02-eng.pdf

"Generally, inadmissibility for non-compliance will end as soon as the person is no longer
in a state of non-compliance or leaves Canada."
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trevsbaby View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote trevsbaby Quote  Post ReplyReply Direct Link To This Post Posted: 31 May 2010 at 2:54pm
Immigration Malaysia is the one whose giving me problems. Immigration Canada told me to apply for a student permit and when I am in Canada, apply for PR while I am in school.

Immigration Malaysia is applying Malaysian law to my overstay in Canada and is delaying my passport issuance. I explained it to the officer that according to so and so act, I have not committed a crime in Canada.They said if have a confirmation of some sort that you applied for PR, we will issue your passport almost immediately. I think might have to do that unless there is some link I don't know of..Please help if anyone knows anything...thank you in advance
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