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Restoration of status - Study Permit

misou

Newbie
Sep 18, 2010
3
0
Hi,

A friend of mine forgot to renew his study permit on time (expired on Aug 31).
He is still studying right now and I wonder if he will have issues if he does not stop studying before
getting his study permit restored.

CIC website says that you must stop studying if the permit is expired and you did not ask for an extension
on time.

However, after reviewing OP 12 at page 33, I'm confused. It says:

However, it is to be noted that there is no requirement to wait for the passing of six months prior
to the issuance of a study permit if the unauthorized work or study in which the applicant
engaged was unauthorized because of non-compliance with any of the following conditions
imposed on them [R221(b)]:

• period authorized for their stay [R185(a)];
• type of work permitted to engage in, or prohibited from engaging in, in Canada [R185(b)(i)];
• the employer for whom they were permitted to work or for whom they were prohibited to work
[R185(b)(ii)];
• the location of the work [R185(b)(iii)];
• the location of the studies [R185(c)(iii)];
• the times and periods of the studies [R185(c)(iv)].

Would R185(a) apply and prevent the officer from giving a 6 months ban if he keeps studying at
his college without a study permit? The college said it is ok as long as he asked for a restoration.

Thanks in advance for your help