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phoebengn

Full Member
May 23, 2016
32
5
Hello,
A relative of mine is asking for advice given his situation:
His 4 year study permit is expired in March 2020. He has not been in school for a while after failing several courses but wants to continue staying in Canada. He has quite regretted about it now. If we get him into a different school, is there a chance that he can renew the study permit? Or is there any other ways that he can get other permits (work permit, for example) to stay in Canada legally. His goal is to get a PR.
Thank you so much.
 
How long is for a while that has not attended given at some point the school will have reported to IRCC leading to the study permit being cancelled for non attendance. If has been cancelled then needs to ensure has legal status in the country by changing to visitor status otherwise could be classified as an overstayer affecting everything in the future including applying for a new study permit and PR..

For a work permit would need to find an employer to support a job offer with an LMIA.
 
How long is for a while that has not attended given at some point the school will have reported to IRCC leading to the study permit being cancelled for non attendance. If has been cancelled then needs to ensure has legal status in the country by changing to visitor status otherwise could be classified as an overstayer affecting everything in the future including applying for a new study permit and PR..

For a work permit would need to find an employer to support a job offer with an LMIA.
Thank you for your response. I guess he has not been in school for at least a year. He was traveling back to home country for 6 months this year, and recently came back. Custom border still let him in so I’m not sure if the school has reported it to IRCC. That’s why I’m wondering if he changes school now or continue to go to the same school, will he be able to renew his SP in March next year
 
How long is for a while that has not attended given at some point the school will have reported to IRCC leading to the study permit being cancelled for non attendance. If has been cancelled then needs to ensure has legal status in the country by changing to visitor status otherwise could be classified as an overstayer affecting everything in the future including applying for a new study permit and PR..

For a work permit would need to find an employer to support a job offer with an LMIA.
Thank you for your response. I guess he has not been in school for at least a year. He was traveling back to home country for 6 months this year, and recently came back. Custom border still let him in so I’m not sure if the school has reported it to IRCC. That’s why I’m wondering if he changes school now or continue to go to the same school, will he be able to renew his SP in March next year

just my opinion..i feel luck is on your relative side. mistakes happen and maybe he never got reported by the school so his SP never got cancelled why he was able to leave country and come back.Perhaps the agent didnt check properly??

CIC expects students to know the rules of their SP. Students cant blame anyone else or say they didnt know. When he applies at the school and they check the transcript they will see that he's international student and never attended classes violating SP.Then they MUST inform IRCC..At some point someone will notice something is wrong
 
He also wouldn’t qualify for PGWP since he hasn’t been studying full-time. If starting a new program CIC may approve the PGWP but it is up to their discretion. What has he/she been doing since he/she is not allowed to work? Hopefully he=she has not been working since they stopped attending school full-time. I would imagine your relative likely said they were a student when entering Canada although not actually attending school.
 
Thank you for your response. I guess he has not been in school for at least a year. He was traveling back to home country for 6 months this year, and recently came back. Custom border still let him in so I’m not sure if the school has reported it to IRCC. That’s why I’m wondering if he changes school now or continue to go to the same school, will he be able to renew his SP in March next year

is this Immigration law why he was let back into Canada after he was out for 6months?
This is under the thread"Study Permit Refused for 2 months overstay"

pr 16, 2018 at I have found the section in the Immigration law. I’ll quote it below:

Immigration and Refugee Protection Regulations (SOR/2002-227)
note:Failure to comply with conditions
221
Despite Division 2, a study permit shall not be issued to a foreign national who has engaged in unauthorized work or study in Canada or who has failed to comply with a condition of a permit unless

  • (a) a period of six months has elapsed since the cessation of the unauthorized work or study or failure to comply with a condition;