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Study Visa and after 90 days expired

V

vaibhav_98

Member
Mar 16, 2020
12
0
I am in Canada on student visa. But my visa is expired, and the 90 days after that is also gone.

I have somehow got the admission in May next year. What are my options please help!!
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,044
9,593
Assume you changed your status to visitor and are not working. Apply for new permit, you can to work until your studies begin in May.
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,044
9,593
What do you mean options? What is your status if your study permit expired? Did you drop out of school or graduate. You can’t work if your permit is expired and you cannot work until your study permit is approved and you being your program in may. Have you been working illegally and if so, for how long?

Your option is to change status to visitor, apply for new study permit and wait to see if approved.
 
G

gengen

Full Member
May 28, 2019
22
0
**JUST MY OPINION, **

You can try BUT

Document says

In order to be eligible for restoration under this rule the foreign national must:
-have been in Canada since, and lost status after Jan 30/2020, and more than 90 days ago and
-have applied for restoration under SUBSECTION R182(1)

SUBSECTION R182(1) reads
On application by...student..an officer shall restore that status "IF" following an examination the student meets the initial requirement for the stay**HAS NOT failed to comply with ANY OTHER CONDITIONS imposed
.
EXCEPTIONS
(2)Despite subsection(1) an officer SHALL NOT restore the status of a student who is NOT in compliance with a condition set out in subsection 220.1(1)

220.(1)Policy
The holder of a study Permit in Canada is subject to the following conditions
a They shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies,

AND they shall actively pursue their course or program of study

I "think "If you violated any of those conditions expect a refusal
 
N

Naturgrl

VIP Member
Apr 5, 2020
45,044
9,593
gengen said:
**JUST MY OPINION, **

You can try BUT

Document says

In order to be eligible for restoration under this rule the foreign national must:
-have been in Canada since, and lost status after Jan 30/2020, and more than 90 days ago and
-have applied for restoration under SUBSECTION R182(1)

SUBSECTION R182(1) reads
On application by...student..an officer shall restore that status "IF" following an examination the student meets the initial requirement for the stay**HAS NOT failed to comply with ANY OTHER CONDITIONS imposed
.
EXCEPTIONS
(2)Despite subsection(1) an officer SHALL NOT restore the status of a student who is NOT in compliance with a condition set out in subsection 220.1(1)

220.(1)Policy
The holder of a study Permit in Canada is subject to the following conditions
a They shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies,

AND they shall actively pursue their course or program of study

I "think "If you violated any of those conditions expect a refusal
Click to expand...
Excellent points. OP hasn’t said if he/she dropped out, graduated or failed (academic probation) & if has been working full time or part-time. OP shouldn’t expect to be able to work on a study permit for 6+ months without actually studying.
 
N

nayyargg

Newbie
Jul 15, 2019
5
0
vaibhav_98 said:
But the Canadian Immigration has given extension upto Dec 31 to everyone
Click to expand...
no not for everyone.
only for those who had valid permit on January 30, 2020, and expired after that date
Study permit have expiry date which says you must leave Canada by that date
Study permits can expire before the date on it
Study permit expires
~~90 days after studies are completed
Completing studies can mean graduating, withdraw, no show, etc.
Twice a year DLI must report international students who dont attend, and permit gets cancelled
 
C

canuck78

VIP Member
Jun 18, 2017
55,710
13,566
vaibhav_98 said:
I am in Canada on student visa. But my visa is expired, and the 90 days after that is also gone.

I have somehow got the admission in May next year. What are my options please help!!
Click to expand...
What is your complete history? What was your status? When did it end? Have you been attending your courses? Your previous posts have you on a WP, SP and your permit is still valid in some posts and expired in others.
 
K

khanuhelp

Newbie
May 16, 2020
5
0
vaibhav_98 said:
I am in Canada on student visa. But my visa is expired, and the 90 days after that is also gone.

I have somehow got the admission in May next year. What are my options please help!!
Click to expand...
Which school has already given you the admission for May next year?
 
Q

qr96

Newbie
Dec 17, 2020
4
0
vaibhav_98 said:
But the Canadian Immigration has given extension upto Dec 31 to everyone
Click to expand...
This is from IRCC site:

If it’s been more than 90 days since your status expired
You have until December 31, 2020, to apply to restore your status if

  • your status expired after January 30, 2020, and
  • you’re still in Canada
This applies even if it’s been more than 90 days since your status expired.

Most people have to apply online to extend their stay in Canada as a temporary resident. There are some people who may not be able to apply online.

To apply online:

  1. Sign in to your IRCC Secure Account
  2. Select Apply to come to Canada.
  3. Select Visitor visa, study or work permit under the “Determine your eligibility and apply online:” heading.
  4. You’ll be asked some questions. You must answer all questions truthfully. We use your answers to create a personalized document checklist for you. To restore your status, you must provide specific answers to some questions:
    1. When asked “What you would like to do in Canada?”, select the status which you are restoring.
    2. When asked “How long are you planning to stay in Canada?”, select Temporary, more than 6 months or Temporary, less than 6 months
    3. When asked “What is your current immigration status in Canada?”, select the status that you need to restore.
      1. If you’re applying to restore your status as a worker with an employer-specific work permit, when asked “Do you have a written job offer?” select Yes. You may be eligible to receive authorization to work while you wait for your work permit and restoration application to be processed.
      2. When asked “When does your status in Canada expire?” enter the date that your status expired.
        • If your status expired less than 90 days ago, please enter the true date on which your temporary resident status expired.
        • If your status expired more than 90 days ago, select any date that is within the past 90 days. (This is a temporary workaround to allow you to apply past the 90 day deadline)
  5. You’ll be asked if you want to apply to restore your status.
  6. Once you complete the questionnaire, you get your document checklist. You must upload all of the required documents, and pay your fees.
When you complete question 7 of the application form
  • Under “Status” select Other
  • Under Other, type in “Requires restoration”
  • Leave the “From” and “To” boxes blank.
  1. After you complete your application, follow the online instructions to submit it.
If your temporary resident status is restored, you get a visitor record or appropriate permit. Your record or permit will outline the conditions of your stay in Canada.

Your temporary resident status in Canada will be extended until a specified date.
 
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