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Restoration of permit

BA12

Full Member
Jan 17, 2024
46
1
Hi,
Need your suggestions here please

A student submitted an application to extend their study permit before the original permit expired, ensuring they maintained implied status at the time. However, the application was refused due to incomplete documentation. Following this refusal, the student acted within the prescribed 90-day period and applied for restoration of status and a new study permit.

In the restoration application, the student addressed the requirement for a Provincial Attestation Letter (PAL) and included a letter of explanation, citing the regulatory exception that a PAL is not required when a student is extending studies at the same Designated Learning Institution (DLI) and at the same level of study.

IRCC returned the application without processing it, stating that the PAL exemption was not accepted in the context of a restoration application, despite the fact that the student was restoring status to continue studies in the same program and institution.

Due to this return and the time taken in communication, the student has now exceeded the 90-day restoration period, resulting in the loss of eligibility to apply for restoration from within Canada. What’s the best way forward here?
 

scylla

VIP Member
Jun 8, 2010
97,611
23,336
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi,
Need your suggestions here please

A student submitted an application to extend their study permit before the original permit expired, ensuring they maintained implied status at the time. However, the application was refused due to incomplete documentation. Following this refusal, the student acted within the prescribed 90-day period and applied for restoration of status and a new study permit.

In the restoration application, the student addressed the requirement for a Provincial Attestation Letter (PAL) and included a letter of explanation, citing the regulatory exception that a PAL is not required when a student is extending studies at the same Designated Learning Institution (DLI) and at the same level of study.

IRCC returned the application without processing it, stating that the PAL exemption was not accepted in the context of a restoration application, despite the fact that the student was restoring status to continue studies in the same program and institution.

Due to this return and the time taken in communication, the student has now exceeded the 90-day restoration period, resulting in the loss of eligibility to apply for restoration from within Canada. What’s the best way forward here?
Options are:
- Submit a web form and request reconsideration
- Appeal with the help of a lawyer
- Leave Canada and apply for a new permit from outside of Canada
 
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Naturgrl

VIP Member
Apr 5, 2020
47,558
10,361
Hi,
Need your suggestions here please

A student submitted an application to extend their study permit before the original permit expired, ensuring they maintained implied status at the time. However, the application was refused due to incomplete documentation. Following this refusal, the student acted within the prescribed 90-day period and applied for restoration of status and a new study permit.

In the restoration application, the student addressed the requirement for a Provincial Attestation Letter (PAL) and included a letter of explanation, citing the regulatory exception that a PAL is not required when a student is extending studies at the same Designated Learning Institution (DLI) and at the same level of study.

IRCC returned the application without processing it, stating that the PAL exemption was not accepted in the context of a restoration application, despite the fact that the student was restoring status to continue studies in the same program and institution.

Due to this return and the time taken in communication, the student has now exceeded the 90-day restoration period, resulting in the loss of eligibility to apply for restoration from within Canada. What’s the best way forward here?
Also probably no longer be eligible for PGWP, if since person has stopeed studying (and working). Cannot study until study permit is approved.
 

BA12

Full Member
Jan 17, 2024
46
1
Options are:
- Submit a web form and request reconsideration
- Appeal with the help of a lawyer
- Leave Canada and apply for a new permit from outside of Canada
Thank you for your response
Does reconsideration work if file is returned as the file is returned due to lack of PAL but not refused. Also he is beyond the 90 days of restoration period so if we send the file for reconsideration, can he still stay in Canada till the decision is made on the reconsideration application?
Is an application if returned, is eligible for appeal or is it only refused applications that are eligible for appeal?
 

Naturgrl

VIP Member
Apr 5, 2020
47,558
10,361
Thank you for your response
Does reconsideration work if file is returned as the file is returned due to lack of PAL but not refused. Also he is beyond the 90 days of restoration period so if we send the file for reconsideration, can he still stay in Canada till the decision is made on the reconsideration application?
Is an application if returned, is eligible for appeal or is it only refused applications that are eligible for appeal?
Get an immigration lawyer. Person is out of status and cannot restore within Canada so seek professional help at this point on next steps.