Am I illegal? PLZ Help

[Mario79]

Hi, please help me out.
I came to Canada on student visa valid from Jan 2013 till Feb 2015. I went to different schools but I stopped studying on August 2013 due to my wife being pregnant.
On April 2014 I sent my application for permanent resident from inside Canada and we receive the AOR on August.
I am wondering if I would be considered illegal since I haven't studied for all that time? if so, what should I do about that now? Do I need to mail them restoration of status?
Thank you so much

 

[kickb]

Hi, please help me out.
I came to Canada on student visa valid from Jan 2013 till Feb 2015. I went to different schools but I stopped studying on August 2013 due to my wife being pregnant.
On April 2014 I sent my application for permanent resident from inside Canada and we receive the AOR on August.
I am wondering if I would be considered illegal since I haven't studied for all that time? if so, what should I do about that now? Do I need to mail them restoration of status?
Thank you so much

the day you stopped going to school what ever may be the reason your visa is invalid as you are no more a student. so technically you are out of status in canada.

 

[Mario79]

the day you stopped going to school what ever may be the reason your visa is invalid as you are no more a student. so technically you are out of status in canada.

any thoughts about what should I do in regards of that? Do I need to send a status restoration?
Anyone knows anything?

 

[Ponga]

any thoughts about what should I do in regards of that? Do I need to send a status restoration?
Anyone knows anything?

If you are in fact out of status because of that, it's too late to apply for Restoration of Status. The `window' for that is only 90 days.

You can either:

1. Sit back and hope that nothing happens (which would seem reasonable, since you have an Inland application that has been received by CIC). Even though your status may have been lost, many believe that CBSA will not enforce removal action, (provided that you are not currently subject to removal, or were prior to your Inland application being submitted), until you have received a decision on your stage one approval (AIP).

2. Contact an immigration lawyer (most offer a free consultation by phone) and see what s/he says.

 

[Mario79]

If you are in fact out of status because of that, it's too late to apply for Restoration of Status. The `window' for that is only 90 days.

You can either:

1. Sit back and hope that nothing happens (which would seem reasonable, since you have an Inland application that has been received by CIC). Even though your status may have been lost, many believe that CBSA will not enforce removal action, (provided that you are not currently subject to removal, or were prior to your Inland application being submitted), until you have received a decision on your stage one approval (AIP).

2. Contact an immigration lawyer (most offer a free consultation by phone) and see what s/he says.

Thanks,
Is there anyway to find out if I am subject to removal action? Does it make sense to call CBSA and wonder if there is any action against me?

 

[Ponga]

IMHO, I would NOT call CBSA to ask if you are `on their radar' for removal. If they aren't aware of your potential problem, they would be during your conversation with them.

The real issue is how long after a person stops studying, would their status expire. It may be as simple as `never' (if still within the permit validation dates), unless the institution that you were attending reported your absence/termination directly to CIC.

Who knows; it's possible that nobody knows about this...yet.

 

[Mario79]

I just found this quote which I hope applies to me.

Immigration and Refugee Protection Regulations (IRPR) require that foreign nationals applying to come to Canada for the purpose of study must meet a number of requirements, including demonstrating intent to study. Previously, there was no explicit requirement for a study permit holder to be enrolled at a Canadian educational institution or to pursue studies after arrival in Canada. Study permit holders who did not enrol or pursue study could therefore remain in Canada legally until the expiration of their study permit.
New regulations introduce new study permit conditions that require students to be enrolled and actively pursuing a course or program of study at a designated educational institution. Because study permits are issued for the length of the student’s program of study, for those students who may switch to a shorter-term program or finish their studies early, a study permit will become invalid 90 days following program completion if the study permit does not otherwise expire.

 

[Ponga]

My point, exactly.

The real question, is when was this new regulation implemented (before or after you applied for your study permit).
If it was after...I think you're good.

 

[Mario79]

My point, exactly.

The real question, is when was this new regulation implemented (before or after you applied for your study permit).
If it was after...I think you're good.

It was implemented on June 2014. That even after I submitted the PR application.
I hope things will be fine.