Section 38(1)(c)
#1
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Section 38(1)(c)
During February 2009, the Canadian High Commission has told an applicant that they might refuse the entry to Canada based on section 38(1)(c) ..and asked for more details and reports. The applicant was in Canada for 3 + years.
After the submission of the reports, during April 2009,they asked the applicant to wait until they contact and also any other additional information would be assessed by the visa officer.
What would be their decision ?
After the submission of the reports, during April 2009,they asked the applicant to wait until they contact and also any other additional information would be assessed by the visa officer.
What would be their decision ?
#3
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Re: Section 38(1)(c)
No chances ???
I am the spouse of the applicant. Is CHC expecting me to leave Canada and reject the case ???
I am the spouse of the applicant. Is CHC expecting me to leave Canada and reject the case ???
#4
Re: Section 38(1)(c)
You are not giving us enough information to tell you what could happen.
CIC often ask for additional docs if they have doubts about the application. This is their way of giving you the chance to correct any doubts they may have. If you can't convince the officer that you are eligible/admissible then you will get a refusal. Since you didn't provide any further information it is really hard to say anything else.
CIC often ask for additional docs if they have doubts about the application. This is their way of giving you the chance to correct any doubts they may have. If you can't convince the officer that you are eligible/admissible then you will get a refusal. Since you didn't provide any further information it is really hard to say anything else.
#5
Joined: Sep 2008
Posts: 12,830
Re: Section 38(1)(c)
Looking at previous posts by the OP, it seems there maybe more to the situation than being posted. Without knowing what's going on it is hard for anyone to give a reasonable response.
#6
Re: Section 38(1)(c)
http://www.canlii.org/en/ca/laws/sta...2001-c-27.html
It appears that section 38(1) relates to health issues.
#7
Joined: May 2004
Posts: 4,483
Re: Section 38(1)(c)
If your OH is found to be as described in that section then you will be expected to leave Canada too as would any children not born in Canada, provided you are not a Canadian citizen.
#8
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Re: Section 38(1)(c)
Thanks Jim,
If i get a study permit,then cud i stay in Canada and visit my spouse at home ?
electrons.
If i get a study permit,then cud i stay in Canada and visit my spouse at home ?
electrons.
#9
Joined: May 2004
Posts: 4,483
Re: Section 38(1)(c)
You would have to get a study permit outside of Canada. If you were successful then you could study in Canada and visit your OH overseas.
#10
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Re: Section 38(1)(c)
Thanks Jim,
So , no chances of living in Canada ... !!!
I'll start packing slowly ....
So , no chances of living in Canada ... !!!
I'll start packing slowly ....
Last edited by electrons; Aug 16th 2009 at 7:15 am.
#11
Joined: May 2004
Posts: 4,483
Re: Section 38(1)(c)
The decision is still to be made so there is no rush.
#12
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Re: Section 38(1)(c)
Thanks Jim,
I have found out two new employers who were interested in hiring me as a temporary foreign worker and am planning to get a study permit.
My chances of staying in Canada thru' the TWP/Study permit would get affected based on my spouse's condition and the CHC's decision.
I explained my situation to some people and they told me that my status was 'red flagged' in the immigration database and the CHC was waiting for me to leave Canada. Is this true ?
Please, let me know this.
electrons.
I have found out two new employers who were interested in hiring me as a temporary foreign worker and am planning to get a study permit.
My chances of staying in Canada thru' the TWP/Study permit would get affected based on my spouse's condition and the CHC's decision.
I explained my situation to some people and they told me that my status was 'red flagged' in the immigration database and the CHC was waiting for me to leave Canada. Is this true ?
Please, let me know this.
electrons.
#14
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Posts: 33
Re: Section 38(1)(c)
CSIC immigration consultants