Re: Study permit refused twice
My Initial Study permit was extended until January 30, 2014(attachment 5: Study Permit Jpeg). I applied for my Study Permit extension on November 19,2013 (Attach 1: Application of Study Permit). I have been taking Courses on Distance learning for last 1.5 years from Toronto, Canada.
My Study permit application has been refused due to a missing documents from Memorial university and unable to provide :
1. Type of Course of Study or Program You are registered for
2. The start Date and the expected Completion Date and
3. Whether the program is full-time or part time studies.
CIC issued me the refusal letter March 25th and advised me that my temporary resident Status expired on 25 March 2014. And I may apply for restoration if, within 90 days from the expiry of my Temporary Resident Status.
After that i talked to Memorial University and have gathered every single necessary documents and re-applied for restoration of my status and study permit extenstion on 22nd April, 2014 (attachment 5924-2954-5) through a lawyer. In the mean time i was registered for Winter Semester and was writing my final exam. Once they have told me that i cannot work and studies during restoration period, i have stopped working and have deferred all my final exams as of today to comply with the law. I have been waiting for their final decision for over 3 months, sitting in my house and praying to God for a positive answer so that i can finish my courses and exam and literally to get my life back in shape.
However, after waiting 3 months, on July 2, 2014 (attachment 4: Decision Letter Restoration) , CIC notified me that my application for Restoration of My temporary Resident Status and Study permit as requested is refused. The main reason is for taking courses on distance. This is what CIC have told me in the letter " In my case , you are engaged in Distance Learning Courses that do not require you to physicaly in Canada to study and that you have not satisfied an officer you are a genuine Temporary resident, therefore you are not eligible to have your temporary resident status restored. Since you no longer hold Temporary Resident Status in Canada, you application for a study permit is also refused and asked me to leave Canada Immediately.
The other reason : 1. Ties to Country of Permanent residence including, Employment and study commitments, family lies and responsibilities, Status, Financial means for the extended say or return home, probability to leave Canada at the end of authorized stay.
After considering all circumstance, VO is not satisfied.
I was heart broken and shocked because i was not expecting such harsh decision in my case. i have been following the rules and regulation of Canada and have been taking courses on Full time and Part time basis and living in Canada over 6 years. I have only 6 courses left to finish my Bachelor Degree from Memorial University and all of a sudden, this harsh decision has changed my life.
I have 2 choices left after the final decision, one is to go for Judicial Review and 2nd is to re-apply. I thought of going for Judicial Review, but it would be lengthy and Costly and Chances are slim. But Since i have very less time to live in Canada, i have considered to go back home and re-apply for my student visa.
Please advise.
