Change of DLI

[Space33]

Hi All, Student on SP which is valid till 2023, she stopped studying on April 20th 2020 and applied for new college for Sept intake. As of today she is out of status for about 96 days. She has her LOA from Seneca now and wants to apply for change of DLI. As per the student she checked this link https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/change-schools.html and says change of DLI is all she needs. I explained she is out of status so change of DLI will not work. I checked restoration is applicable only for within 90 days. What should she be doing in this situation?

 

[primaprime]

Why do you think she's out of status?

 

[Space33]

Why do you think she's out of status?

She was going through a bad relationship, which caused depression and she could not focus on her studies

 

[jigzyy]

I guess the best way forward is to talk to an immigration lawyer ASAP (like today) to know what her steps are at the moment. If she has a medical certificate which points out that she is/was depressed and couldn't carry out day to day tasks in previous months, that may work based on VO discretion. But like I said, lawyer might be able to help her. She's out of status and out of 90 days period and overstaying in Canada now which is going to impact her chances of revival of status or future applications.

 

[jigzyy]

A similar situation here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/study-permit-refused-repetitively-for-overstay.591855/

She needs to get a lawyer or leave the country ASAP to make her chances better for future applications.

 

[Space33]

I guess the best way forward is to talk to an immigration lawyer ASAP (like today) to know what her steps are at the moment. If she has a medical certificate which points out that she is/was depressed and couldn't carry out day to day tasks in previous months, that may work based on VO discretion. But like I said, lawyer might be able to help her. She's out of status and out of 90 days period and overstaying in Canada now which is going to impact her chances of revival of status or future applications.

As per this link a student has 150 days for change of DLI https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#changing not sure which link to believe. One link says 90 days and one link says 150 days. Does anyone know when the 90 days should be considered and when the 150 days should be considered

 

[jigzyy]

As per this link a student has 150 days for change of DLI https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/assessing-conditions.html#changing not sure which link to believe. One link says 90 days and one link says 150 days. Does anyone know when the 90 days should be considered and when the 150 days should be considered

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A student should begin or resume their studies at their new institution within 150 days from the day that they ceased or completed their studies at the previous institution. If a student does not resume their studies within 150 days, they should do either of the following:

Hmm, based on this information, just submit DLI change request as I think she falls under 150 days time and study permit is still valid.

 

[jigzyy]

In fact she may be able to do it via MyAccount if that's the case.

 

[primaprime]

Li




Hmm, based on this information, just submit DLI change request as I think she falls under 150 days time and study permit is still valid.

Yes, the point of my initial question was that you don't automatically lose student status when you stop attending classes. She would only be out of status after the school reports her absence to IRCC.

 

[jigzyy]

Yes, the point of my initial question was that you don't automatically lose student status when you stop attending classes. She would only be out of status after the school reports her absence to IRCC.

Yes exactly. That's what I was about to write that her SP is still valid and not expired, she may not have been reported so far and still under 150 days of time frame. Just change DLI online.

 

[Space33]

Thanks Guys for the help. Will go with Change of DLI

 

[palash24]

Hi Space 33, I am having kind of the same situation. Is there any update on your process?
I really appreciate your help.

 

[Space33]

Hey Palash, student just went ahead with DLI. There is no communication from the IRCC when you apply for change of DLI so I am guessing everything is good. student is attending classes in new DLI as of Sept

 

[DavidMF]

Hey Palash, student just went ahead with DLI. There is no communication from the IRCC when you apply for change of DLI so I am guessing everything is good. student is attending classes in new DLI as of Sept

hello, does the student apply for the PGWP and is there any issue?