Passed the 90 days restoration period - please help

[Sukhi1234]

Hi Everyone,

I am helping a friend, he was studying here in Canada. While studying his mum fell sick and he had to travel back home to be with hi sick mum, he therefore missed some modules at his collage, and needs to make up the modules. I'm not sure what happened when he came back, but I do know that his study visa has expired and the 90 days restoration period has also expired.

He has a letter from his collage permitting him to continuing his studies and complete the modules, he is currently in Canada and has no status, is there no way we can apply to restore his status even though the 90 days has passed? we have all the required documents, his travel details to go see his mum, his current grades and attendance records, the letter from the school showing that he wishes to continue his education.

Will the officer automatically decline the application due to it not been submitted in time? what other options do we have? Will he have to leave Canada and reapply as student to complete the rest of his studies?

Thank you in advance

 

[canuck_in_uk]

Hi Everyone,

I am helping a friend, he was studying here in Canada. While studying his mum fell sick and he had to travel back home to be with hi sick mum, he therefore missed some modules at his collage, and needs to make up the modules. I'm not sure what happened when he came back, but I do know that his study visa has expired and the 90 days restoration period has also expired.

He has a letter from his collage permitting him to continuing his studies and complete the modules, he is currently in Canada and has no status, is there no way we can apply to restore his status even though the 90 days has passed? we have all the required documents, his travel details to go see his mum, his current grades and attendance records, the letter from the school showing that he wishes to continue his education.

Will the officer automatically decline the application due to it not been submitted in time? what other options do we have? Will he have to leave Canada and reapply as student to complete the rest of his studies?

Thank you in advance

Hi

No, there is no way to restore his status from within Canada. He needs to leave and apply for a new study permit from his own country.

 

[Aashir123]

Restoration of status
For many, exiting Canada and re-entering is simply too risky or too expensive. Luckily, Canada’s Immigration and Refugee Protection Regulations provide that if a visitor, worker or student loses their status in Canada, then they can apply to restore their status within 90 days of their status expiring.

Restoration applications must be submitted either online or by mail to IRCC. Restoration applications cannot be submitted while entering Canada at a Canadian port of entry.

It is vital that foreign nationals submit their restoration applications within the 90-day period after their temporary resident status expires. The failure to do so will automatically result in the restoration application being refused.

For those who lose status because IRCC refused their temporary residence extension application, the 90-day window to apply for restoration starts on the date that IRCC refuses the extension application, rather than the day that the applicant receives the decision. Although this may seem unfair to those who lose time due to postage delays, the Federal Court has held that this rule even applies where there is a 90-day delay between IRCC refusing an application and the applicant receiving the decision.

Finally, it is important to note that students cannot study during the restoration period, and foreign workers cannot work. They have to sit in home.

 

[Sukhi1234]

its over the 90 days period so will the restoration automatically get refused? no way we can apply with supporting documents? maybe H&C grounds?

if this gets declined does he have an option to appeal?

if he decides to go for another study visa, inside he has to apply outside of Canada? can he not apply from within Canada online or at the LA office?

 

[scylla]

its over the 90 days period so will the restoration automatically get refused? no way we can apply with supporting documents? maybe H&C grounds?

if this gets declined does he have an option to appeal?

if he decides to go for another study visa, inside he has to apply outside of Canada? can he not apply from within Canada online or at the LA office?

Restoration is going to be automatically refused since he doesn't meet the conditions to apply. There's nothing to appeal. Appeals are for when rules are incorrectly applied.

He needs to physically leave Canada and return to his home country to apply for a new study permit. Applying while physically within Canada is not an option since he's out of status. I would recommend he leave as soon as he can.

 

[Xgx]

its over the 90 days period so will the restoration automatically get refused? no way we can apply with supporting documents? maybe H&C grounds?

if this gets declined does he have an option to appeal?

if he decides to go for another study visa, inside he has to apply outside of Canada? can he not apply from within Canada online or at the LA office?

Waht happed in your case