Return to home country (while on restoration)

[itsns]

Hi There,
So I have D*psh*t lawyer, who lives in a fancy ass office and takes a lot of money, but is not competent enough to guide me well.


- I was working on a PGWP that was due to expire on 5th Dec 2014.
- First I had applied for a PGWP extension because I was unawre that tehy do not extend it (refused around nov 1st week)
- We applied for a paper application Extension of WP before it expired - hoping to add LMIA into it when it gets approved.
- We also applied for FSW 2014 - on November 30th 2014
- The LMIA was in process from Feb - July 19th 2015 - so we could not send them the approved LMIA
- The FSW was refused as the cap fro my NOC had reached
- As a result my WP was refused on 6th March 2015.
- I applied for restoration of status on 5th May 2015 (study permit - mail application)
- I also applied for PR on FSW EXPRESS ENTRY on 29th May


Now they are saying that it takes 94 days + UP TO 16 Weeks : Which means there is a likelihood that I would not be able to go to school in Fall 2015 if the restoration takes too long.

What are the consequences of me returning to India and try to come back in Winter 2016 with a study permit considering I was her out of status and didnt finish the restoration process?
Will the refusals go against me. Will the out of status stay go against me ? Should I just wait it out.

 

[scylla]

You should return home. Your restoration application is going to be refused. You can't apply to restore your status to a study permit if the last valid permit you held was a work permit.

You need to apply for the study permit again from your home country.

 

[itsns]

You should return home. Your restoration application is going to be refused. You can't apply to restore your status to a study permit if the last valid permit you held was a work permit.

You need to apply for the study permit again from your home country.

Im sorry,
why do you say that you cannot restore as a student ??

 

[henryphan]

Im sorry,
why do you say that you cannot restore as a student ??

It is clear. U can apply for a NEW study permit not restore SP because u havent been a student ever

 

[itsns]

It is clear. U can apply for a NEW study permit not restore SP because u havent been a student ever

Just so you know, restoration of status is made with a "NEW" study, work or visitor permit/visa. The fact that you lost your status in the first place, means you need a NEW PERMIT.
It is clear that when one restores they can choose to restore as either a student, visitor or worker.

I've known people who have successfully done so, so please don't walk around making claims that can mislead people.

 

[Josh21]

You need to go back home to India and wait for a decision.

The chances of processing finishing before Jan and allowing you to returm? Possible but not very likely.

Also I'm inclined to agree that you cant restore to a student if you've been on a work permit for the last few years. I think you could restore as a visitor though. Again, its officer discretition so you might/might not get it with a student.

 

[henryphan]

Just so you know, restoration of status is made with a "NEW" study, work or visitor permit/visa. The fact that you lost your status in the first place, means you need a NEW PERMIT.
It is clear that when one restores they can choose to restore as either a student, visitor or worker.

I've known people who have successfully done so, so please don't walk around making claims that can mislead people.

In this case, you have to submit many more document (offer letter from your school, bank statement...). So this is same as you do restoration and apply for new study permit. Did u submit these document??

Anyway, because in restoration period applicant required to remain in Canada. U can stay and wait for the decision. Good luck

 

[itsns]

In this case, you have to submit many more document (offer letter from your school, bank statement...). So this is same as you do restoration and apply for new study permit. Did u submit these document??

Anyway, because in restoration period applicant required to remain in Canada. U can stay and wait for the decision. Good luck

Yes of course I did, I have explained why I am deciding to study in Canada, my previous course was just a certificate, this one is a two year diploma and I explained that having this second degree would improve prospects for jobs in INDIA as foreign studies are given a good preference.
I also sent bank letter, financial support letter and offer letter from the school.

The officer has the right to decide either way, but what I mean is I am eligible to apply. I know there is a possibility the restoration could come late and I may have to defer. I was more asking as to how it would look if I leave the country and apply as a new applicant. But my "lawyer" suggests that its a high risk of leaving now and I should wait it out even if I have to go school in Jan.

 

[Svety]

Fellows, I have been to this situation some time ago, I was on LMO work permit, which expired on December 2nd 2014. And I enrolled in University program in November 2014, but due to slow enrollment process I got my letter of acceptance only on the 10th of December. I had to go thru that insane restoration process. Yes, it does take long. I applied for my SP on December 17 and received it only on June 2nd...You do the math. It was approved.
So, my point is that you can apply for a different type of permit no matter what. Status restoration means a legal restoration of your status in Canada, but a restoration of your previous status.
Too bad CIC website doesn't say much about restoration status processing times.