Study permit application. URGENT

[YanaZu]

Hello everyone,

I am writing on behalf of my friend who is in a desperate situation right now.

He arrived to Canada from Syria as an international student (NOT a refugee) in 2015. His initial plan was simple: study - get PGWP - work - apply for PR. He never wanted to apply for a refugee status here (it was almost impossible during the Harper's time anyway).

However, he couldn't complete his courses on time because he suffers from PTSD (Post Traumatic Stress Disorder). The school let him redo his assignments and he is currently working on it.
His study permit expired on April 30th this year. In February he applied for a visitor's visa in order to stay in Canada and it got approved.
Now he needs to apply for a NEW study permit and has to do so OUTSIDE of Canada in his home country. BUT he can't go back to Syria - the country is war-torn and there is no guarantee he won't get killed or be taken to army upon arrival.

My question is: can he do flagpoling at the nearest border (Vancouver/Washington) without a US visa, and what are the chances that the officers will understand his situation and get his study permit approved? He did nothing wrong, but the whole system seems to be working against his application.

Thank you for taking your time to read it.

P.S. Apparently, his chances to get accepted as a refugee decrease after 6 months of being here. So that is a very last option to consider.

 

[good boy]

This is a complicated situation; ideally he should consult a lawyer. Here are my points-

1. Why did not he ask for study permit extension instead of visitors visa? With an updated letter of enrollment from the university it could be an easy kill. Students who lag behind in their assignments, often do that and there is nothing wrong in it. Also, no matter what he applies for, he has to explain this to the VO. It is better to have an explanation ready.

2. I am not sure if flagpoling can be done without us visa or not, other members can shine light on that. But surely your friend's case will raise suspicion- SP expired-visitor's visa- flagpole with study incomplete, it is no brainer to call it risky!

3. Another bad news- while you fill up the forms for study permit, you must have seen that they ask questions about trauma, ptsd etc. Normally cic considers these as negative points for your application. They may have consideration for Syria, but I can not say that for sure. Be careful with that.

I would suggest to hire a lawyer, it would be unwise to do things in amateurish way.

 

[scylla]

No - he can't flagpole to obtain a study permit. Only Americans can obtain study permits at the border - everyone else has to apply online or through a paper-based application.

Yes - the application for the new study permit has to be processed by a visa office outside of Canada. He can chose the US as the processing location for his application and apply while he is physically in Canada.

 

[YanaZu]

He can chose the US as the processing location for his application and apply while he is physically in Canada.

So, as long as the application is being reviewed outside Canada, it's fine? Doesn't have to be ONLY his home country then?

In this case: if he applies to the US location, he should send it by paper then? Wouldn't him being Syrian and applying in the American visa office negatively impact his application though?

Thank you so much for your reply!

 

[YanaZu]

This is a complicated situation; ideally he should consult a lawyer. Here are my points-

1. Why did not he ask for study permit extension instead of visitors visa? With an updated letter of enrollment from the university it could be an easy kill. Students who lag behind in their assignments, often do that and there is nothing wrong in it. Also, no matter what he applies for, he has to explain this to the VO. It is better to have an explanation ready.

2. I am not sure if flagpoling can be done without us visa or not, other members can shine light on that. But surely your friend's case will raise suspicion- SP expired-visitor's visa- flagpole with study incomplete, it is no brainer to call it risky!

3. Another bad news- while you fill up the forms for study permit, you must have seen that they ask questions about trauma, ptsd etc. Normally cic considers these as negative points for your application. They may have consideration for Syria, but I can not say that for sure. Be careful with that.

I would suggest to hire a lawyer, it would be unwise to do things in amateurish way.

1. I think it had something to do with him breaching his study permit. Not sure - I will ask, though it is too late to think of that now.

Thank you for your reply!