Restoration of Visitor Visa and Visitor Record

[Accountingdude2893]

Hi guys,

Is it possible to apply for a restoration of Visitor Visa (initially expired on Dec 24 2024) + Visitor Record if I entered Canada under a Student Visa ( I have both a Student Visa and a visitor visa)?

Thank you for your insight!

 

[canuck78]

Hi guys,

Is it possible to apply for a restoration of Visitor Visa (initially expired on Dec 24 2024) + Visitor Record if I entered Canada under a Student Visa ( I have both a Student Visa and a visitor visa)?

Thank you for your insight!

When did you finish your studies?

 

[Accountingdude2893]

My study permit expired in July 2024. I applied for a study permit extension in May 2024 (before it was expired), and I just got a refusal letter today because I took 2 semesters off to go back to my country (due to family issue) I am also currently waiting for my spousal sponsorship to be processed (Already submitted) so I don't know if I can apply for restoration of Visitor Record based on that basis!? (Family visit)
I am confused because even though my Visa Visitor expired recently (Dec 31 2024), it was issued during 2016. And I used my student visa for the latest entry to Canada (2023) instead of my Visitor Visa, so I am not sure if restoration status in Visitor Record is the most appropriate... The reason why I dont feel like reapplying for the study permit is that I might have a baby soon, and I would rather stay home taking care of the baby and house chores instead of going to school.

 

[canuck78]

My study permit expired in July 2024. I applied for a study permit extension in May 2024 (before it was expired), and I just got a refusal letter today because I took 2 semesters off to go back to my country (due to family issue) I am also currently waiting for my spousal sponsorship to be processed (Already submitted) so I don't know if I can apply for restoration of Visitor Record based on that basis!? (Family visit)
I am confused because even though my Visa Visitor expired recently (Dec 31 2024), it was issued during 2016. And I used my student visa for the latest entry to Canada (2023) instead of my Visitor Visa, so I am not sure if restoration status in Visitor Record is the most appropriate... The reason why I dont feel like reapplying for the study permit is that I might have a baby soon, and I would rather stay home taking care of the baby and house chores instead of going to school.

When does the letter specify you lost status. A TRV is travel document it doesn’t give you status in Canada. Why stage is your spousal sponsorship and did you apply inland or Outland. When did you stop studying?

 

[Accountingdude2893]

I got the letter today, so I would assume it is today. I was studying full-time during the time I waited for the study permit extension to be processed. And I was talking about this one, not the TRV Extend your stay in Canada: About the document - Canada.ca . For the spousal sponsorship, I am still waiting for the AOR, and I applied for it inland.

 

[canuck78]

I got the letter today, so I would assume it is today. I was studying full-time during the time I waited for the study permit extension to be processed. And I was talking about this one, not the TRV Extend your stay in Canada: About the document - Canada.ca . For the spousal sponsorship, I am still waiting for the AOR, and I applied for it inland.

The letter should specify when you lost status but if within 90 days you can try to restore to visitor status. Your loss of status will be an issue in terms of access to healthcare.

 

[Accountingdude2893]

" Thank you for your interest in studying in Canada. After careful review of your application and supporting documentation to extend your stay as a student, I have determined that your application does not meet the requirements of the Immigration and Refugee Protection Act (IRPA) and Immigration and Refugee Protection Regulations (IRPR). I am refusing your application on the following grounds: • You failed to demonstrate that you complied with the conditions of your study permit as stated in R220.1(1) by remaining enrolled until completion of your studies, and actively pursuing your course or program of study. To get help with understanding your temporary resident application refusal and what you can do next, visit: https://www.cic.gc.ca/visit-visiter/en/refusal-visa-application. Next Steps: • If you decide to apply again, know that: ○ your new application will be assessed on its own merits, ○ you must resubmit a new application and all relevant supporting documents and pay a new temporary resident application fee, and ○ your new application may be refused unless it is supported by new or different information that would satisfy the officer that you meet all application requirements. For additional information on next steps and legal references, you can visit: • Our online Help Centre https://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1485 • The Immigration and Refugee Protection Act (IRPA) https://laws.justice.gc.ca/eng/acts/i-2.5/ • The Immigration and Refugee Protection Regulations (IRPR) https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-179.html"

This is what stated in the refusal letter. There is no indication as of when I lost my status...

 

[Accountingdude2893]

The letter should specify when you lost status but if within 90 days you can try to restore to visitor status. Your loss of status will be an issue in terms of access to healthcare.

They simply stated on the letter that they refused my Study Permit Extension based on the basis on non0compliance with the conditions in my study permit.

So I am not sure if I could restore my status as a visitor or I MUST restore my status as a student as that was my previous status?

 

[canuck78]

They simply stated on the letter that they refused my Study Permit Extension based on the basis on non0compliance with the conditions in my study permit.

So I am not sure if I could restore my status as a visitor or I MUST restore my status as a student as that was my previous status?

the bigger issue is whether you can restore at all. You were not compliant with the terms of your study permit so could have lost your study permit. Can you post the exact letter without identifying info.

 

[Accountingdude2893]

the bigger issue is whether you can restore at all. You were not compliant with the terms of your study permit so could have lost your study permit. Can you post the exact letter without identifying info.

I did but it has been one day and it is still pending waiting for the admin approval. That is exactly what I am afraid of because they could definitely reject my restoration based on the fact that I failed to be compliant with my permit in which case I would need to leave the country and reapply for my visitor visa if I want to be with my spouse. Do you think this is something worth of hiring a lawyer for!? We are planning to have a baby this year, and in this current situation, I do not want to part with my spouse to be honest.

 

[canuck78]

I did but it has been one day and it is still pending waiting for the admin approval. That is exactly what I am afraid of because they could definitely reject my restoration based on the fact that I failed to be compliant with my permit in which case I would need to leave the country and reapply for my visitor visa if I want to be with my spouse. Do you think this is something worth of hiring a lawyer for!? We are planning to have a baby this year, and in this current situation, I do not want to part with my spouse to be honest.

Will wait to see the letter. In most provinces you won’t have access to provincial healthcare so that should also be a huge concern for you.