Study Permit expired over 90 days-Please help

[LucasV0]

Hi everyone
Please help me with some advices.
"My study permit was expired in July 2021. Due to covid and life pressure, somehow I completely forgot to renew. I realized when it's too late, over 90 days.
I tried to renew in Nov 2021 and got rejected 5 days ago on Jan 20 2022. The reason was: over 90 days, they could not restore my status. I was asked to leave Canada as soon as possible.
Please shred me some light, what should I do now? How could I restore my status?
I am really lost and scared. I am fear of leaving Canada."
P.S: I posted it for my friend.
Thank you all.

 

[Impatient Dankaroo]

Hi everyone
Please help me with some advices.
My study permit was expired in July 2021. Due to covid and life pressure, somehow I completely forgot to renew. I realized when it's too late, over 90 days.
I tried to renew in Nov 2021 and got rejected 5 days ago on Jan 20 2022. The reason was: over 90 days, they could not restore my status. I was asked to leave Canada as soon as possible.
Please shred me some light, what should I do now? How could I restore my status?
I am really lost and scared. I am fear of leaving Canada.
Thank you all.

Your signature says you have PR, why do you need a SP?

 

[LucasV0]

Your signature says you have PR, why do you need a SP?

I posted it for my friend.

 

[Naturgrl]

I posted it for my friend.

What has your friend been doing since July with no status? Option is to leave Canada and reapply for a study permit.

As per the website,

What happens if my study permit has expired?
If your study permit has expired and you have not applied for an extension, or if you did not respect one of the conditions on your permit or you have studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada.
However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within the 90 days following your loss of status. If not, you have to leave Canada.
It is illegal to remain in Canada beyond the validity of your status in Canada.
It is illegal to work without a required work permit.
It is illegal to study without a required study permit.

 

[LucasV0]

What has your friend been doing since July with no status? Option is to leave Canada and reapply for a study permit.

As per the website,

What happens if my study permit has expired?
If your study permit has expired and you have not applied for an extension, or if you did not respect one of the conditions on your permit or you have studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada.
However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within the 90 days following your loss of status. If not, you have to leave Canada.
It is illegal to remain in Canada beyond the validity of your status in Canada.
It is illegal to work without a required work permit.
It is illegal to study without a required study permit.

Sadly, she didnt realize her permit was expired and kept schooling online. Once she figured out it was over 90 days. She tried to apply in Nov and got rejected few days ago.
She afraids if she leave and apply from outside, she will get rejected again. And of course, she now stays in Canada without status and illegal.

 

[Impatient Dankaroo]

Sadly, she didnt realize her permit was expired and kept schooling online. Once she figured out it was over 90 days. She tried to apply in Nov and got rejected few days ago.
She afraids if she leave and apply from outside, she will get rejected again. And of course, she now stays in Canada without status and illegal.

What she should have done was apply for restoration back in November and applied for PGWP after. I think she has to leave Canada at this point and apply from abroad? Thoughts? @scylla @Naturgrl

 

[scylla]

What she should have done was apply for restoration back in November and applied for PGWP after. I think she has to leave Canada at this point and apply from abroad? Thoughts? @scylla @Naturgrl

I don't know. This is a bit of a messy situation since this person continued to study while not holding a valid work permit. I don't know the right next step.

 

[Naturgrl]

Sadly, she didnt realize her permit was expired and kept schooling online. Once she figured out it was over 90 days. She tried to apply in Nov and got rejected few days ago.
She afraids if she leave and apply from outside, she will get rejected again. And of course, she now stays in Canada without status and illegal.

So she has been studying illegally since July and maybe working part-time too. As stated in the website, she doesn’t have much choice since it has been more than 6 months. She will not be eligible for a PGWP/work permit once her studies are completed either. She may want to get the advice of an immigration lawyer because she is not in a good position with few options (If any) to stay in Canada.

 

[LucasV0]

Thank you guys so much.
I know this is a really messy situation. She doesn't have much choice.
Since she already spent more than 6 months on studying and working part-time without any permits unintentionally, even she leaves Canada and apply visa and study permit again outside. I think the possibility of rejection from visa office is super high.
She is seeking advises from some Imm.lawyer, they suggested her to apply for TPR or get marriage/sponsorship.

 

[singhno]

Thank you guys so much.
I know this is a really messy situation. She doesn't have much choice.
Since she already spent more than 6 months on studying and working part-time without any permits unintentionally, even she leaves Canada and apply visa and study permit again outside. I think the possibility of rejection from visa office is super high.
She is seeking advises from some Imm.lawyer, they suggested her to apply for TPR or get marriage/sponsorship.

Here, in the US schools are responsible for making sure international students sp remains valid all the time. How come in canada it is not so?

 

[scylla]

Thank you guys so much.
I know this is a really messy situation. She doesn't have much choice.
Since she already spent more than 6 months on studying and working part-time without any permits unintentionally, even she leaves Canada and apply visa and study permit again outside. I think the possibility of rejection from visa office is super high.
She is seeking advises from some Imm.lawyer, they suggested her to apply for TPR or get marriage/sponsorship.

The marriage / sponsorship path for the purposes of remaining in Canada is marriage fraud. This is a bad path that will make her situation even worse than it is now.

She can certainly try the TRP. Be aware that this by no means will result in a positive outcome. Also, TRP processing is taking 1.5 to 2 years right now. So that would mean she would have to remain in Canada without studying and without working (and without legal status) for that long while she waits for an answer.

Having read through this again, 100% best option is to leave Canada and reapply from outside of Canada.

 

[marleesingh]

She can certainly try the TRP. Be aware that this by no means will result in a positive outcome. Also, TRP processing is taking 1.5 to 2 years right now. So that would mean she would have to remain in Canada without studying and without working (and without legal status) for that long while she waits for an answer.

Having read through this again, 100% best option is to leave Canada and reapply from outside of Canada.

I think I was told TRP is near next to impossible to get.
They may issue one for emergency cases to stay in Canada IE. if a spouse or child is gravely ill .
Is this correct?

 

[scylla]

I think I was told TRP is near next to impossible to get.
They may issue one for emergency cases to stay in Canada IE. if a spouse or child is gravely ill .
Is this correct?

If someone is outside of Canada, then I agree with your comments.

If someone is inside of Canada, then there can be other considerations. However processing times are so incredibly long right now that I don't see the point in going down this path.

 

[PMM]

Hi

Here, in the US schools are responsible for making sure international students sp remains valid all the time. How come in canada it is not so?

1. Because CIC is not your mother, you are expected as adults to be responsible for your own actions.

 

[Jr001]

Did your friend consider adding a letter to explain her situation to the visa officer? Bring up strong points why they should restore her status.