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Minor study permit extension refused but parents aproved with work permit

L

levineluiz

Member
Oct 2, 2023
17
0
Hi everyone. I came to Canada 2 years ago (study permit for me, college, open work permit for my wife and study permit for our minor daugther). I graduated from College in May and then applied for a PGWP for me, extensios for my wife's work permit and our minor daughter's study permit extension. My resquest and my wife's request were approved, but my daughter study permit was refused (the explanation was that there was no letter of acceptance from school, which is weird because the first study permit my daughter got 2 years ago was obtained with this letter, so...). And the letter says: "Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status"

Anyway, my issue now is: (1) I have to apply for a restorarion of status first and the reapply for a study permit? (2) I should do both applications together (restoration and study permit)? (3) Can I only re-apply for a study permit, without restoration); (4) can I ONLY apply for a a visitor visa, asmy daughter doenst NEED a studay permit now (she is in high school, 15 years old).

I am very lost now. Please, I would really appreciate if someone could share information and experiences on this matter.

Thank you in advance!
 
N

Naturgrl

VIP Member
Apr 5, 2020
44,704
9,436
levineluiz said:
Hi everyone. I came to Canada 2 years ago (study permit for me, college, open work permit for my wife and study permit for our minor daugther). I graduated from College in May and then applied for a PGWP for me, extensios for my wife's work permit and our minor daughter's study permit extension. My resquest and my wife's request were approved, but my daughter study permit was refused (the explanation was that there was no letter of acceptance from school, which is weird because the first study permit my daughter got 2 years ago was obtained with this letter, so...). And the letter says: "Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status"

Anyway, my issue now is: (1) I have to apply for a restorarion of status first and the reapply for a study permit? (2) I should do both applications together (restoration and study permit)? (3) Can I only re-apply for a study permit, without restoration); (4) can I ONLY apply for a a visitor visa, asmy daughter doenst NEED a studay permit now (she is in high school, 15 years old).

I am very lost now. Please, I would really appreciate if someone could share information and experiences on this matter.

Thank you in advance!
Click to expand...
You should have included acceptance as it was required, and she is in high school. If her study permit expired (90 days after expiry) then she is without status in Canada. Apply for restoration and study permit together. Is she still in school?

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=490&top=15#
 
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G

Gbenel

Newbie
Jan 16, 2020
1
0
levineluiz said:
Hi everyone. I came to Canada 2 years ago (study permit for me, college, open work permit for my wife and study permit for our minor daugther). I graduated from College in May and then applied for a PGWP for me, extensios for my wife's work permit and our minor daughter's study permit extension. My resquest and my wife's request were approved, but my daughter study permit was refused (the explanation was that there was no letter of acceptance from school, which is weird because the first study permit my daughter got 2 years ago was obtained with this letter, so...). And the letter says: "Should you choose not to apply for restoration of your status, you will remain a person without legal Temporary Resident Status"

Anyway, my issue now is: (1) I have to apply for a restorarion of status first and the reapply for a study permit? (2) I should do both applications together (restoration and study permit)? (3) Can I only re-apply for a study permit, without restoration); (4) can I ONLY apply for a a visitor visa, asmy daughter doenst NEED a studay permit now (she is in high school, 15 years old).

I am very lost now. Please, I would really appreciate if someone could share information and experiences on this matter.

Thank you in advance!
Click to expand...
I am currently in a similar situation . My children's applications have been rejected on the basis of LOA missing from application. Please, how did you rectify it? did you apply for a visitors record or study permit again? Kindly advise what additional documents you submitted?
 
R

Rakesh_1988u

Member
Feb 4, 2024
10
0
Naturgrl said:
You should have included acceptance as it was required, and she is in high school. If her study permit expired (90 days after expiry) then she is without status in Canada. Apply for restoration and study permit together. Is she still in school?

https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=490&top=15#
Click to expand...
Hi @Naturgrl, I entered Canada on May 2023, on a Spousal Open Work Permit, accompanied with my 6 month old child. Both had a visa valid until Sep 2024. While I received a work permit at the POE, but no visitor record was issued for my child, they said the validity will be same as parent. What are the consequences of not having a Visitor Record? We were applying our PR application and found that a valid status is required for everyone. I see that, without Visitor record, baby should not stay for more than 6 months or apply for extension. But here we have already crossed the 6 months. The officer was supposed to grant a visitor record which he didn't. Request you to guide me.
 
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N

Naturgrl

VIP Member
Apr 5, 2020
44,704
9,436
Rakesh_1988u said:
Hi @Naturgrl, I entered Canada on May 2023, on a Spousal Open Work Permit, accompanied with my 6 month old child. Both had a visa valid until Sep 2024. While I received a work permit at the POE, but no visitor record was issued for my child, they said the validity will be same as parent. What are the consequences of not having a Visitor Record? We were applying our PR application and found that a valid status is required for everyone. I see that, without Visitor record, baby should not stay for more than 6 months or apply for extension. But here we have already crossed the 6 months. The officer was supposed to grant a visitor record which he didn't. Request you to guide me.
Click to expand...
You must apply online for a visitor record so your child must always be in status. Your child is allowed to stay 6 months and must renew before that time is up. Not sure what you mean by officer was supposed to grant visa record. CBSA does’t extend visitor record when you first arrive. You only do that online if wanting to stay more than 6 months..

So child is out of status. You must restore status within 90 days of the 6 months so that may not even be possible no. If past the 90 days, you can try to restore status along with applying for visitor record but it should be refused. Only way is for child to leave country and try to re-enter but that is not guaranteed. Read the link. May want to make a post separately and ask for options.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
 
R

Rakesh_1988u

Member
Feb 4, 2024
10
0
Naturgrl said:
You must apply online for a visitor record so your child must always be in status. Your child is allowed to stay 6 months and must renew before that time is up. Not sure what you mean by officer was supposed to grant visa record. CBSA does’t extend visitor record when you first arrive. You only do that online if wanting to stay more than 6 months..

So child is out of status. You must restore status within 90 days of the 6 months so that may not even be possible no. If past the 90 days, you can try to restore status along with applying for visitor record but it should be refused. Only way is for child to leave country and try to re-enter but that is not guaranteed. Read the link. May want to make a post separately and ask for options.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
Click to expand...
My baby entered Canada on 05/12/23, 08/11/23 will be 6 months and 02/05/24 will be 90 days. Can I still apply for restoration.? Will it be approved.?
 
Last edited:
R

Rakesh_1988u

Member
Feb 4, 2024
10
0
Naturgrl said:
You must apply online for a visitor record so your child must always be in status. Your child is allowed to stay 6 months and must renew before that time is up. Not sure what you mean by officer was supposed to grant visa record. CBSA does’t extend visitor record when you first arrive. You only do that online if wanting to stay more than 6 months..

So child is out of status. You must restore status within 90 days of the 6 months so that may not even be possible no. If past the 90 days, you can try to restore status along with applying for visitor record but it should be refused. Only way is for child to leave country and try to re-enter but that is not guaranteed. Read the link. May want to make a post separately and ask for options.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html
Click to expand...
In case we apply for restoration before 90days, Still it will be refused?
 
M

mile80

Star Member
Jun 1, 2023
86
9
Gbenel said:
I am currently in a similar situation . My children's applications have been rejected on the basis of LOA missing from application. Please, how did you rectify it? did you apply for a visitors record or study permit again? Kindly advise what additional documents you submitted?
Click to expand...
Hi, I am in the same boat, could you please tell me how did you apply for the restoration, I made the process with an attorney and I know that was a mistake of him because he never asked me for an enrollment letter for my kids, so I dont know how can make the process by my self, I am feeling frustrated,
 
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