Need Urgent advice Please

[Navneet2000]

I came to Canada in July 2019 to study English and start my doctorate studies. For personal reasons, I left the college after 3 months. In July 2020, to renew my expired study permit I hired a lawyer and paid her 9000 CAD. ( the lawyer applied on paper). Since July 2020, I improved in English from level 2 to level 9 and paid my tuition fees monthly. My husband has got a nice job too. Today the IRCC replied to the lawyer that the application to renew my study permit was refused (no reason specified) and I must leave Canada " immediately". ( I think the IRCC doesn't know about my progress since July 2020 till now ). The lawyer now says that there are 3 options:
1. Redermantion.
2. Appeal to court and pay 12000 CAD.
3. Apply as a student again and pay 8000 CAD.

What is redetermination? Can I stay in Canada while under redetermination?
why the lawyer is asking that much and why is the third option as I am already a student?

PLEASE HELP ME..
Only last week we opened our express entry profile and we have 340 points.. (my husband has 12 months of work as Noc b)

Please Advice me. !

 

[scylla]

I came to Canada in July 2019 to study English and start my doctorate studies. For personal reasons, I left the college after 3 months. In July 2020, to renew my expired study permit I hired a lawyer and paid her 9000 CAD. ( the lawyer applied on paper). Since July 2020, I improved in English from level 2 to level 9 and paid my tuition fees monthly. My husband has got a nice job too. Today the IRCC replied to the lawyer that the application to renew my study permit was refused (no reason specified) and I must leave Canada " immediately". ( I think the IRCC doesn't know about my progress since July 2020 till now ). The lawyer now says that there are 3 options:
1. Redermantion.
2. Appeal to court and pay 12000 CAD.
3. Apply as a student again and pay 8000 CAD.

What is redetermination? Can I stay in Canada while under redetermination?
why the lawyer is asking that much and why is the third option as I am already a student?

PLEASE HELP ME..
Only last week we opened our express entry profile and we have 340 points.. (my husband has 12 months of work as Noc b)

Please Advice me. !

Redetermination isn't a term that's used. What does your lawyer mean by that? Restoration? Reconsideration? What exactly does your lawyer say will happen under "Redetermination"?

You can reapply for a study permit on your own. You don't need a lawyer.

You need a lawyer if you want to appeal.

When did your original study permit expire?

 

[Humpholito24]

When you left after 3 months, you were no longer a student since the school might have reported you no longer attend classes. Redetermination and second option will be too expensive where the court can overrule the decision. Did the school give you a scheduled break due to personal reasons, or you just stopped attending classes?

Apply as a student again but alone—too much spending.

I think that could be a reason.

 

[Dmora12]

Wow that doesn't sound really good. First of all I think your case is complicated, you left your course, so, you lost your status as a student from that moment. I don't know if you worked or if your husband had a work permit who was all different from your study permit. But in case your husband hold a work permit based on your study permit, both of you weren't allowed to work. And probably that's why your extension were refused (added to the fact that you weren't studying 9 months from that year).

I think you can appeal or go to court, but the odds are not on your side. From my experience is better if you leave Canada and try again from your country of origin. Trying to restore your status in this situation would be really hard.

 

[Navneet2000]

When you left after 3 months, you were no longer a student since the school might have reported you no longer attend classes. Redetermination and second option will be too expensive where the court can overrule the decision. Did the school give you a scheduled break due to personal reasons, or you just stopped attending classes?

Apply as a student again but alone—too much spending.

I think that could be a reason.

Thank you very much for your attention. I did not inform any about my personal reasons. what is redermiantion ? Can i apply now while im already a student ( Just paid my last tuition fees for this level yesterday ), Can still be in Canada while apply as student? Please Advice. Thank you again for your help

 

[scylla]

Thank you very much for your attention. I did not inform any about my personal reasons. what is redermiantion ? Can i apply now while im already a student ( Just paid my last tuition fees for this level yesterday ), Can still be in Canada while apply as student? Please Advice. Thank you again for your help

You're out of status at this point. So you would need to start by restoring your status.

Is your husband's work permit still valid?

 

[Humpholito24]

Thank you very much for your attention. I did not inform any about my personal reasons. what is redermiantion ? Can i apply now while im already a student ( Just paid my last tuition fees for this level yesterday ), Can still be in Canada while apply as student? Please Advice. Thank you again for your help

You are technically not a student per the immigration rules. Your permit became invalid hence, you are here illegally. You have to restore the status first before you reapply. (Right experts?)

 

[Navneet2000]

Wow that doesn't sound really good. First of all I think your case is complicated, you left your course, so, you lost your status as a student from that moment. I don't know if you worked or if your husband had a work permit who was all different from your study permit. But in case your husband hold a work permit based on your study permit, both of you weren't allowed to work. And probably that's why your extension were refused (added to the fact that you weren't studying 9 months from that year).

I think you can appeal or go to court, but the odds are not on your side. From my experience is better if you leave Canada and try again from your country of origin. Trying to restore your status in this situation would be really hard.

Thank you so much for your reply. Can I apply from within Canada? should I start the process of court and hopefully I receive ITA?
why the lawyer wants to apply for study permit .. Maybe i can do it and save the money while staying here.. Please share your thoughts.. THANK YOU !

 

[Navneet2000]

You are technically not a student per the immigration rules. Your permit became invalid hence, you are here illegally. You have to restore the status first before you reapply. (Right experts?)

How do I restore the status ? PLEASE recommend

 

[Humpholito24]

How do I restore the status ? PLEASE recommend

Restoring your status is by applying for a visitor visa to be in Canada legally. But it might complicate things since they will find out you have been here illegally for 9 months?

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/restoration-extension-trv.html

 

[Navneet2000]

You're out of status at this point. So you would need to start by restoring your status.

Is your husband's work permit still valid?

I was requested to leave immediately and my husband received the following reply :

Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.
[X] After considering all the circumstances of your case, it has been determined that you are not
a person whose employment will create or maintain significant employment, benefits or
opportunities for Canadians citizens or permanent residents.
Eligibility for a work permit in this category only applies to the spouse or common-law partner of
a study permit holder. You have not established that you are the spouse or that you meet the
definition of common-law partner, as defined in the Immigration and Refugee Protection
Regulations.
[X] We also wish to advise you that your temporary resident status expired on March 10, 2021.
You may apply for restoration if, within 90 days from the expiry of your temporary resident
status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should
be made online at www.cic.gc.ca. When you are finished, you must print the receipt of
payment and include it with your application.
 all required documents in support of your application.


What is restoration? PLEASE ADVICE

 

[Humpholito24]

I was requested to leave immediately and my husband received the following reply :

Based on your application and accompanying documentation that you have provided, I have
carefully considered all information and I am not satisfied that you meet the requirements of the
Immigration and Refugee Protection Act and Regulations. Your application as requested is
therefore refused.
[X] After considering all the circumstances of your case, it has been determined that you are not
a person whose employment will create or maintain significant employment, benefits or
opportunities for Canadians citizens or permanent residents.
Eligibility for a work permit in this category only applies to the spouse or common-law partner of
a study permit holder. You have not established that you are the spouse or that you meet the
definition of common-law partner, as defined in the Immigration and Refugee Protection
Regulations.
[X] We also wish to advise you that your temporary resident status expired on March 10, 2021.
You may apply for restoration if, within 90 days from the expiry of your temporary resident
status, you submit:
 a completed application form;
 applicable fees for restoration and for the immigration document(s). Payments should
be made online at www.cic.gc.ca. When you are finished, you must print the receipt of
payment and include it with your application.
 all required documents in support of your application.


What is restoration? PLEASE ADVICE

Restoration is to ensure you are not here illegally. But, if his status was determined by your status, he can't restore until you do it first. (I might be wrong on this)

 

[Navneet2000]

Can I apply for ETA now? Should I leave my husband to restore his visitor status and I leave to my home country til hopefully we get ITA we are in the pool having 340 points

 

[Navneet2000]

Restoring your status is by applying for a visitor visa to be in Canada legally. But it might complicate things since they will find out you have been here illegally for 9 months?

https://www.canada.ca/en/immigration-refugees-citizenship/services/coronavirus-covid19/restoration-extension-trv.html

I was implied status.. not illegal .. Right ?

 

[scylla]

Can I apply for ETA now? Should I leave my husband to restore his visitor status and I leave to my home country til hopefully we get ITA we are in the pool having 340 points

No - you can't apply for an eTA. You are out of status in Canada. If you and/or your husband want to stay, you need to apply to restore your status. Your husband obviously also need to stop working immediately.