[HELP!]Study visa got rejected while I am still in school

[rjp_520]

My study permit expired on July 31 this year. I was late applying for extending the study permit so I applied for restoration of the temporary status instead. I recently received the refusal letter from cic and it asked me the leave Canada right away for the following reason stated in the letter:
"Immigration Legislation requires that every foreign national in Canada must hold a valid passport, identity or travel document. As a foreign national in Canada, you have not produced evidence that you are in possession of such a document and that it is valid for the duration of your stay in Canada.”
This is not true because I did upload my valid passport page when submitting the on-line application. My passport is valid till 2021. So I couldn't understand why this has to be the reason they rejected me.
I am still in school and taking classes for this semestar and just about to hit the final exams. And I got expelled as the letter says. That means I have to leave my school behind and not only will I waste all my tuition, but I will get automatic fail because I have passed the final course withdrawal deadline if I do that. So I re-applied anyway even it has already passed 90 days since my prior study permit expired. But this time with the paper application and I enclosed valid passport copies that they dismissed me for, as well as an appealing letter.
I get that it was my fault late applying for the visa after it expired but I paid $200 penalty and followed the restoration procedure. Does anybody know how likely they will approve me the study permit this time given my above situation. What would happen if they turn me down this time, will I still get a chance to hire a lawyer to act on my behalf or I have to leave right away. What else should I do really. I was very upset that this was happening because I am just about to graduate. If I go back to my own country, can I still come back by addressing this issue at my own country. I hope somebody that can help and give me some ideas about what could happen. Many many thanks. ??? ??? ???

 

[Sweetalker]

Oh man.. This is heavy..

May I ask how did u "get late" for applying for extension on time ?

And how come the permit was not issued for proper course duration in the first place ?

 

[Sweetalker]

My study permit expired on July 31 this year. I was late applying for extending the study permit so I applied for restoration of the temporary status instead. I recently received the refusal letter from cic and it asked me the leave Canada right away for the following reason stated in the letter:
"Immigration Legislation requires that every foreign national in Canada must hold a valid passport, identity or travel document. As a foreign national in Canada, you have not produced evidence that you are in possession of such a document and that it is valid for the duration of your stay in Canada.”
This is not true because I did upload my valid passport page when submitting the on-line application. My passport is valid till 2021. So I couldn't understand why this has to be the reason they rejected me.
I am still in school and taking classes for this semestar and just about to hit the final exams. And I got expelled as the letter says. That means I have to leave my school behind and not only will I waste all my tuition, but I will get automatic fail because I have passed the final course withdrawal deadline if I do that. So I re-applied anyway even it has already passed 90 days since my prior study permit expired. But this time with the paper application and I enclosed valid passport copies that they dismissed me for, as well as an appealing letter.
I get that it was my fault late applying for the visa after it expired but I paid $200 penalty and followed the restoration procedure. Does anybody know how likely they will approve me the study permit this time given my above situation. What would happen if they turn me down this time, will I still get a chance to hire a lawyer to act on my behalf or I have to leave right away. What else should I do really. I was very upset that this was happening because I am just about to graduate. If I go back to my own country, can I still come back by addressing this issue at my own country. I hope somebody that can help and give me some ideas about what could happen. Many many thanks. ??? ??? ???

CIC gave you the standard statement which they have for all the acceptance and rejection cases. So never read too much into it. They do not, for some reasons, give you personalized statements pertaining to your unique case, so its fine. Its like they have a standard set of line which they choose as per the case in qstn n paste it there. The meaning was simply that you do NOT have a valid status for staying in Canada right now so you should leave. Which is correct per their law.

The reason for your application, and the process thereafter, comes later.. as simple as that..

This is why they ask you to apply for any sort of extensions way before your valid status expires, otherwise they do not even look at the reason for your application. That is their mode of operation. Of course, exceptions are always there but we are not here to count exceptions. Im giving u the general idea.
So what CIC wrote to you was correct.. moving further on..

Now, IF u go back, the chances of your coming back are same as when they were before you came to Canada. So it will b like starting from scratch. But on top of that, you WILL have a failed course on your profile. Which you will need to justify in your SOP again when you file from your country. - TRY n sort it out with your college that if u HAVE to go back, then can you come back n resume your studies in the next session, and get your degree/ certificate/ diploma, - state your case well.
- if they say yes you can, then you can come back and resume where you left as the institution will give you a letter stating these conditions.

If they say NO, then anyways you dont have a choice here. Your college expelled you, and you DO NOT have a valid status in Canada, so u GOTTA come back.

But, as you have already given it a try again, then no harm in waiting for the reply of your paper application. Im afraid the reply will be the same. If its not, then good for you my fren, but if it is.. Then Im sorry but using a LAWYER and getting into a legal battle with the IMMIGRATION department of a developed country is NOT gonna get you anywhere, trust me.. So better to accept your fate and come back and apply again - basically starting from scratch.

I hope this helps..
all the best..

Hit me if u need clarification on anything else..

 

[camani]

rjp... Your case is sad one.

You need a very strong back up letter supporting your study permit extention, i understand how you feel right now.. Just about to graduate and such mess happen.

If possible consult local immigration lawyers to assist you there , since you have paid fine applying late , i think they would consider you, and i hope you do mention about your case in the letter notifying them its your final exam time and final year.... maybe a considerate VO would consider you.

And why , how come you forget to renew your permit early?


Advice to everyone, when you are in a foreign Land , Your passport/ residence permit is very important you must always take note of it..... am in a foreign land but i dont joke with my passport and the resident permit.........

I wish you good luck and pray with you they consider you to atleast finish what you started succesfuly

 

[rjp_520]

Oh man.. This is heavy..

May I ask how did u "get late" for applying for extension on time ?

And how come the permit was not issued for proper course duration in the first place ?

July 31 was initially when I thought I would finish all my classes, but then I have to retake some of the classes to reach the gpa required for graduation, so I meant to extended four more months to for this semester. It was totally my bad this time, in my mind it would expired on Aug 31, so I waited till Aug 22 to apply but then it was already late.

 

[rjp_520]

rjp... Your case is sad one.

You need a very strong back up letter supporting your study permit extention, i understand how you feel right now.. Just about to graduate and such mess happen.

If possible consult local immigration lawyers to assist you there , since you have paid fine applying late , i think they would consider you, and i hope you do mention about your case in the letter notifying them its your final exam time and final year.... maybe a considerate VO would consider you.

And why , how come you forget to renew your permit early?


Advice to everyone, when you are in a foreign Land , Your passport/ residence permit is very important you must always take note of it..... am in a foreign land but i dont joke with my passport and the resident permit.........

I wish you good luck and pray with you they consider you to atleast finish what you started succesfuly

I did mentioned that in the letter that four more months is all I need before I can graduate, hope they can take that into consideration and resume my status. I also applogized for the late applying. I agree with you that I should have taken this more seriously and not waited till it expired. Thank you for praying for me. I have prayed for myself every day since I heard the news.

 

[rjp_520]

CIC gave you the standard statement which they have for all the acceptance and rejection cases. So never read too much into it. They do not, for some reasons, give you personalized statements pertaining to your unique case, so its fine. Its like they have a standard set of line which they choose as per the case in qstn n paste it there. The meaning was simply that you do NOT have a valid status for staying in Canada right now so you should leave. Which is correct per their law.

The reason for your application, and the process thereafter, comes later.. as simple as that..

This is why they ask you to apply for any sort of extensions way before your valid status expires, otherwise they do not even look at the reason for your application. That is their mode of operation. Of course, exceptions are always there but we are not here to count exceptions. Im giving u the general idea.
So what CIC wrote to you was correct.. moving further on..

Now, IF u go back, the chances of your coming back are same as when they were before you came to Canada. So it will b like starting from scratch. But on top of that, you WILL have a failed course on your profile. Which you will need to justify in your SOP again when you file from your country. - TRY n sort it out with your college that if u HAVE to go back, then can you come back n resume your studies in the next session, and get your degree/ certificate/ diploma, - state your case well.
- if they say yes you can, then you can come back and resume where you left as the institution will give you a letter stating these conditions.

If they say NO, then anyways you dont have a choice here. Your college expelled you, and you DO NOT have a valid status in Canada, so u GOTTA come back.

But, as you have already given it a try again, then no harm in waiting for the reply of your paper application. Im afraid the reply will be the same. If its not, then good for you my fren, but if it is.. Then Im sorry but using a LAWYER and getting into a legal battle with the IMMIGRATION department of a developed country is NOT gonna get you anywhere, trust me.. So better to accept your fate and come back and apply again - basically starting from scratch.

I hope this helps..
all the best..

Hit me if u need clarification on anything else..

Thank you for your advise. I know this is such a mess. Don't you think consulting with a local immigrant lawyer is a good idea for me? I just think their decision was not quite fair considering that this would leave me ungraduate before they kick me out. That's why I want to ask from a lawyer. I was thinking getting the after graduation work permit as soon as I graduate. But now I don't have a valid study permit, will it affect my applying the after-grad work permit later even if I get the certificate from my college.

 

[scylla]

You should speak with a lawyer immediately.

You're not allowed to study during the restoration period. You can stay in Canada while you wait for an answer to the restoration application - but you can't continue studying. So unfortunately the studying you have done since your study permit expired was all illegal. In my opinion this complicates your case further.

You can't apply for a Post Graudate Work Permit without a valid study permit.

 

[stashj]

Did your school really expel you. Did you confirm that with the school itself?

 

[ebad93]

Hi,
i am in the same situation. Can you update to what step you took.