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Study Permit Violation due to covid

bird120246

Full Member
Apr 29, 2021
25
0
Hello, Im year 3 in university with a study permit. Last year in spring when schools became online due to covid I was unable to keep taking courses at university. The reason for this is I have very few courses left to finish and they were very hard to get into online, they would fill up very quickly after enrolment. The problem is that I have stayed here without taking courses at my university and have recently learned that this was reported by my university. The reason I stayed is that my country has one of the worst cases of covid outbreaks and I would live with my elderly parents back home. I was also anxious to travel during covid-19. At the immigration website I saw that there are accomodations for covid-19 and that I can apply to restore my status. I am making my application for restoration atm. How bad of a situation am I in with overstaying? Should I contact a lawyer? What are the chances that I wont be able to get a study permit again?
 

Simba112

VIP Member
Mar 25, 2021
4,473
1,658
Hello, Im year 3 in university with a study permit. Last year in spring when schools became online due to covid I was unable to keep taking courses at university. The reason for this is I have very few courses left to finish and they were very hard to get into online, they would fill up very quickly after enrolment. The problem is that I have stayed here without taking courses at my university and have recently learned that this was reported by my university. The reason I stayed is that my country has one of the worst cases of covid outbreaks and I would live with my elderly parents back home. I was also anxious to travel during covid-19. At the immigration website I saw that there are accomodations for covid-19 and that I can apply to restore my status. I am making my application for restoration atm. How bad of a situation am I in with overstaying? Should I contact a lawyer? What are the chances that I wont be able to get a study permit again?
How long have you overstayed? And as you took time off, did you submit request for time off because of the missed spot during course registration? How long have you been without attending class and what were you doing? Sorry for lots of question, im concerned this happened on your 3rd year
 

Naturgrl

VIP Member
Apr 5, 2020
43,584
9,170
What is your status now? What have you been doing? What accommodations are you referring to? You need to give dates of when you were out of status and when your university reported you? When was your study permit cancelled?
 

bird120246

Full Member
Apr 29, 2021
25
0
How long have you overstayed? And as you took time off, did you have submit request for time off because of the missed spot during course registration? How long have you been without attending class and what were you doing? Sorry for lots of question, im concerned this happened on your 3rd year
I couldn't take my courses for the past two semesters and I've been in Canada all that time so since last september. I didn't know I had to submit a request for that so I didnt. I haven't been doing anything, I did not work if thats what you are asking. I was waiting for a chance to return home and trying to take my courses during this time. Thank you for your help and your concern I really appreciate it
 

Simba112

VIP Member
Mar 25, 2021
4,473
1,658
I couldn't take my courses for the past two semesters and I've been in Canada all that time so since last september. I didn't know I had to submit a request for that so I didnt. I haven't been doing anything, I did not work if thats what you are asking. I was waiting for a chance to return home and trying to take my courses during this time. Thank you for your help and your concern I really appreciate it
When did your SP expired?
 

bird120246

Full Member
Apr 29, 2021
25
0
What is your status now? What have you been doing? What accommodations are you referring to? You need to give dates of when you were out of status and when your university reported you? When was your study permit cancelled?
I think right now I am considered "Out of status". I haven't been doing anything as I said. My school reported me on december and I dont know if my study permit is cancelled or not but I am assuming it was cancelled on december when my university reported me. By accomodations I mean stuff on this page: https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/restoration-extension-trv.html
 

scylla

VIP Member
Jun 8, 2010
94,963
21,579
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
On paper it expired on 24th April but I think it must have been cancelled when my university reported me on decemer.
Yes - IRCC has likely canceled your visa since your school reported you per standard process.

Yes - you would need to apply to restore your status if you want to fix this.

Once you dropped out of school, you should have applied to change your status to visitor.

If you aren't leaving now, I would recommend you apply to restore your status with an explanation of what has happened.

Yes, overstays can impact future visa approvals.
 

bird120246

Full Member
Apr 29, 2021
25
0
Yes - IRCC has likely canceled your visa since your school reported you per standard process.

Yes - you would need to apply to restore your status if you want to fix this.

Once you dropped out of school, you should have applied to change your status to visitor.

If you aren't leaving now, I would recommend you apply to restore your status with an explanation of what has happened.

Yes, overstays can impact future visa approvals.
Thank you for your help. What are the chances that I will be denied my study permit? I am applying for restoration now and I will explain my situation to the best of my ability. Do you think you should get legal help?
 

scylla

VIP Member
Jun 8, 2010
94,963
21,579
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your help. What are the chances that I will be denied my study permit? I am applying for restoration now and I will explain my situation to the best of my ability. Do you think you should get legal help?
None of us here can give you the chances.

Whether you hire legal help or not is up to you and how comfortable (or not) you feel doing this one your own.

Good luck.
 

Simba112

VIP Member
Mar 25, 2021
4,473
1,658
On paper it expired on 24th April but I think it must have been cancelled when my university reported me on decemer.
You are not sure if it was cancelled or not, or your University reported you after missing a semester. However Schools are required to report to the Immigration twice a year. But one thing for sure is you are out of status now as your permit is expired.

I dont know why you waited until it expired knowing that University reported you back in December. If yes they did and Immigration cancelled your Study permit, you are supposed to leave. If gaps between studies is beyond 150days, again you are not considered as actively pursuing your studies, which means violations of your study permit.

when you apply for the restoration you need to provide reasons as why you are out of status and they give you visitor records with conditions. Lets assume they do, then you need to apply your SP, now the question is from the same DLI that reported you???? I guess you are no longer student to them... thats a waste of 3years

you need good lawyer, all the best.
 

bird120246

Full Member
Apr 29, 2021
25
0
You are not sure if it was cancelled or not, or your University reported you after missing a semester. However Schools are required to report to the Immigration twice a year. But one thing for sure is you are out of status now as your permit is expired.

I dont know why you waited until it expired knowing that University reported you back in December. If yes they did and Immigration cancelled your Study permit, you are supposed to leave. If gaps between studies is beyond 150days, again you are not considered as actively pursuing your studies, which means violations of your study permit.

when you apply for the restoration you need to provide reasons as why you are out of status and they give you visitor records with conditions. Lets assume they do, then you need to apply your SP, now the question is from the same DLI that reported you???? I guess you are no longer student to them... thats a waste of 3years

you need good lawyer, all the best.
What do you mean a waste of 3 years? Can't I return to my studies if I manage to get my study permit back?
 

scylla

VIP Member
Jun 8, 2010
94,963
21,579
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
What do you mean a waste of 3 years? Can't I return to my studies if I manage to get my study permit back?
You can do that. But you won't qualify for a PGWP afterwards unless you start and complete a brand new program. To qualify for a PGWP, your studies need to be continuous.
 

bird120246

Full Member
Apr 29, 2021
25
0
You can do that. But you won't qualify for a PGWP afterwards unless you start and complete a brand new program. To qualify for a PGWP, your studies need to be continuous.
I was hoping to do post-graduate, PGWP is not a priority for me at the moment. I just want to get my study permit back and finish my studies. What are the odds that I can do that?
 

Naturgrl

VIP Member
Apr 5, 2020
43,584
9,170
Do you have acceptance from the university with a new LOA to continue your studies? If so, you will not be eligible for a PGWP. If you want a PGWP, you need to apply to a new program.