Restoring Status following Study Permit Refusal

[gino5678]

So two days ago, a few days before my college course was due to start, my Study Permit application got refused due to an mistake with my application.

I am now out of status. I was on a temporary work visa which expired on August 23rd. This work visa expired whilst I waited for a decision on my Study Permit.

My aim is to reapply for a Study Permit and start in the next intake in January. I understand I must either leave Canada or restore my status to that of a visitor, and that this must be done within 90 days of the expiry of my previous visa. I am seeing on the IRCC website that processing times right now to restore status to that of a visitor will take roughly 108 days online - approval sometime during December if I apply today. I must also stay in Canada whilst this is processed.

Surely I will not be able to start studying in January because there will not be enough time to submit another application? I am assuming that while I wait for my status to be restored, I cannot reapply for a study permit?

So, the other option is that I leave Canada, and this is I would prefer not to do for an extended period of time due to my relationship status (a pending common law application).

My passport allows me visa-less entry to the USA. Can I not go to the US and leave Canada country there? And then come back in on a tourist visa issued by Canada on arrival? I am aware this may well be frowned upon by Canadian immigration officials during re-entry. I am confused as to what to do in my situation, I don't want to leave Canada but it seems that I have no choice if I want to start studying in January.

What should I do? I have searched through these forums and read various posts with similar kinds of situations, but nothing that is really of the same nature.

 

[scylla]

Ultimately you have to decide. No one can make this decision for you. There's unfortunately no perfect solution.

You can certainly apply to restore your status. However you're right in understanding that processing could take quite a long time and make it difficult for you to obtain an approved study permit in time for January. Or it might all work out.

You could try a border run to restore your status. You may be allowed back into Canada without issues - or you may have problems. Impossible for any of us to predict. If you're refused entry back into Canada, then you could return to your home country and apply for the study permit from there.

 

[gino5678]

Scylla

Thanks for your input, I fully understand what you are saying and that it is impossible to predict an outcome to either process.

I think I will visit a consultant to gauge further opinion although I expect that they could end up saying pretty much the same.

 

[gino5678]

Just an update....

I've spoken to a couple of consultants and the advice that has been recommended has varied slightly.

The option which I am looking more seriously at is to leave Canada within the 90 days of expiration of my work permit and without applying to restore my status to that of a visitor. I would fly to the USA with the aim of applying in person for a study permit at the VAC in Los Angeles. I need to do some research in to this understandably, but one consultant believed it may be possible to obtain a study permit when applying in person over the duration of a number of days, although I am skeptical about that. Should I be?

This is on the proviso that I can get my designated learning institute to update my letter of acceptance to show a January 2018 start date instead of September 2016. If they cant do that then I may need to wait until the registration opens again in October to get an up-to-date acceptance letter. My 90 days would be up in mid-November. Would immigration look more severely at my case if overstayed by say 80 days as opposed to 30 for example?

If I can be issued a study permit in person in Los Angeles, then great. If it's going to take weeks, I would fly back to Canada and be at the mercy of an immigration officer. I would be hoping to be granted visitor status. I would take with me paper copies of everything, including my girlfriends work permit, our joint bank account documents, any proof of us living together etc. I'm told that the fact my girlfriend is here on a work permit would show that I have a meaningful reason to be in Canada. With regard to a study permit application, I am told that being granted temporary visitor status with a view to applying for a study permit could be seen as dual intent?

My next step will be to speak to my college and see what thy can do in terms of an updated acceptance letter. I will up date again once I have more news.

 

[scylla]

Highly unlikely the study permit will be issued in days in the US. Expect weeks.

Typically we encourage people to apply for restoration as soon as they can. If you wait until the 80 mark, higher chance of refusal - also no buffer if something is wrong with your application and it's returned.

They may consider you under dual intent or they may not. They have no obligation to and you certainly shouldn't count on it.