Student Visa

[Leesa Laug]

Hello,

I wrote before on this thread about 2 boys that we foster from Australia age 10 and 13, They have been in our care from the age of 1 & 3. We lived in Australia and moved to Canada (Citizan and PR) with the boys.

They were on visiting visa and while we were getting paperwork/Court Orders in Australia so we could apply for the Student visa. Due to the Court Order and paperwork the application for student visa was one day after their visiting visa expired.



The Student Visa has been denided . Please see below
Pursuant to section 183(5)(a) of the Immigration and Refugee Protection Regulations, your temporary resident status has expired. You are now a person without status in Canada and as such, you are required to leave Canada forthwith. Failure to do so could result in enforcement action being taken against you.


We don't know what we can do. Where to turn who to ring.

Can we go to America and come back on a visiting visa? and then re-apply will we be denied entry because they over staid their visa by one day?
Is their anyone that we can talk to at immigrations in regards to their application.

Thank you for you help in advance

Leesa Laug

 

[scylla]

Hello,

I wrote before on this thread about 2 boys that we foster from Australia age 10 and 13, They have been in our care from the age of 1 & 3. We lived in Australia and moved to Canada (Citizan and PR) with the boys.

They were on visiting visa and while we were getting paperwork/Court Orders in Australia so we could apply for the Student visa. Due to the Court Order and paperwork the application for student visa was one day after their visiting visa expired.



The Student Visa has been denided . Please see below
Pursuant to section 183(5)(a) of the Immigration and Refugee Protection Regulations, your temporary resident status has expired. You are now a person without status in Canada and as such, you are required to leave Canada forthwith. Failure to do so could result in enforcement action being taken against you.


We don't know what we can do. Where to turn who to ring.

Can we go to America and come back on a visiting visa? and then re-apply will we be denied entry because they over staid their visa by one day?
Is their anyone that we can talk to at immigrations in regards to their application.

Thank you for you help in advance

Leesa Laug

How long ago did they lose their status? When did their visitor status expire?

 

[bellaluna]

I checked OP's post history and wonder if it's advisable for her to get a lawyer. Also seems like they could still apply for restoration for the kids.

 

[scylla]

I checked OP's post history and wonder if it's advisable for her to get a lawyer. Also seems like they could still apply for restoration for the kids.

Yes, exactly. That's why I was asking when their visitor status expired.

If they are still within the 90 days, then restoration is possible.

I don't believe their previous threads indicated that the study permit applications had been submitted after the visitor status expired. That was pretty key info to leave out since it meant there was no chance the study permits were going to be approved.

 

[Leesa Laug]

How long ago did they lose their status? When did their visitor status expire?

Hello Scylla,
There visiting status ran out on March 13th 2023 we applied for Student Visa on March 14th

 

[scylla]

Hello Scylla,
There visiting status ran out on March 13th 2023 we applied for Student Visa on March 14th

Unfortunately there was never any chance the student visa was going to be approved because you applied after their status had expired.

Since it's been less than 90 days since their status expired, one option is to apply for restoration to bring them back into status in Canada. Generally speaking, restoration takes a number of months to process.

Yes, another option could be to travel to the US and then re-enter Canada. Note that it's always up to CBSA what happens when you re-enter. As Australians, I also believe your kids will need ESTAs to enter the US. You'll also want to make sure it's super clear (i.e. you have the required legal paperwork) that they can travel with you across international borders (both entering the US and then re-entering Canada).

 

[Leesa Laug]

How long ago did they lose their status? When did their visitor status expire?

Hello,

Unfortunately there was never any chance the student visa was going to be approved because you applied after their status had expired.

Since it's been less than 90 days since their status expired, one option is to apply for restoration to bring them back into status in Canada. Generally speaking, restoration takes a number of months to process.

Yes, another option could be to travel to the US and then re-enter Canada. Note that it's always up to CBSA what happens when you re-enter. As Australians, I also believe your kids will need ESTAs to enter the US. You'll also want to make sure it's super clear (i.e. you have the required legal paperwork) that they can travel with you across international borders (both entering the US and then re-entering Canada).

 

[Leesa Laug]

Hello,

Thank you for your quick reply Scylla,
OK, So I can apply for a Restoration status on their Visiting Visa and then re-apply for a Student Visa? (This could take upto 90 Days)

or
Travel to the US and then re-enter Canada in hope that the CBSA is having a good day and understands the situation. Entering the US with the ESTA and all our legal papework from Australia for the boys.

So if the CBSA denies us then we are stuck in the US until we apply for Restoration. (That would be nerve Wrecking).
Also how long do we have to be in the US for to re-enter?

 

[Leesa Laug]

Thank you for your quick reply Scylla,
OK, So I can apply for a Restoration status on their Visiting Visa and then re-apply for a Student Visa? (This could take upto 90 Days)

or
Travel to the US and then re-enter Canada in hope that the CBSA is having a good day and understands the situation. Entering the US with the ESTA and all our legal papework from Australia for the boys.

So if the CBSA denies us then we are stuck in the US until we apply for Restoration. (That would be nerve Wrecking).
Also how long do we have to be in the US for to re-enter?

 

[scylla]

Thank you for your quick reply Scylla,
OK, So I can apply for a Restoration status on their Visiting Visa and then re-apply for a Student Visa? (This could take upto 90 Days)

or
Travel to the US and then re-enter Canada in hope that the CBSA is having a good day and understands the situation. Entering the US with the ESTA and all our legal papework from Australia for the boys.

So if the CBSA denies us then we are stuck in the US until we apply for Restoration. (That would be nerve Wrecking).
Also how long do we have to be in the US for to re-enter?

No, not quite right.

You have up to 90 days from the time they lost status to submit the restoration application. So that would give you until early June. However if you decide to go this route, I would not wait and submit the application asap. Generally speaking, it takes several months for the restoration application to be processed after you submit it. Only after restoration is approved can you submit the study permit application again.

The restoration application is only valid / applicable as long as you remain in Canada. It has nothing to do with re-entering Canada. Re-entry into Canada is always up to CBSA.

I can't answer the question on how long you have to be in the US before you try to re-enter. Technically you could do that same day. But again, you would want to be 100% your paperwork regarding your kids is all in order (i.e. with regards to their custody and ability to travel with you across borders).

If you decide you want to go to the US, I would recommend consulting with an immigration lawyer in Canada before you do this since your situation is not straight forward and because you've already made one mistake in applying for the study permits after your kids no longer had status in Canada. You want to avoid further missteps like this.

 

[Leesa Laug]

No, not quite right.

You have up to 90 days from the time they lost status to submit the restoration application. So that would give you until early June. However if you decide to go this route, I would not wait and submit the application asap. Generally speaking, it takes several months for the restoration application to be processed after you submit it. Only after restoration is approved can you submit the study permit application again.

The restoration application is only valid / applicable as long as you remain in Canada. It has nothing to do with re-entering Canada. Re-entry into Canada is always up to CBSA.

I can't answer the question on how long you have to be in the US before you try to re-enter. Technically you could do that same day. But again, you would want to be 100% your paperwork regarding your kids is all in order (i.e. with regards to their custody and ability to travel with you across borders).

If you decide you want to go to the US, I would recommend consulting with an immigration lawyer in Canada before you do this since your situation is not straight forward and because you've already made one mistake in applying for the study permits after your kids no longer had status in Canada. You want to avoid further missteps like this.

Thank you, I will start the restoration application now. What a journy we have had to keep these boys in our care. "Swimming upstream"
Thanks for all your help. Leesa

 

[scylla]

Thank you, I will start the restoration application now. What a journy we have had to keep these boys in our care. "Swimming upstream"
Thanks for all your help. Leesa

The key thing is to make sure you understand Canada's immigration rules and that you are applying for the right things and within the right timeframes. Since there's already been one significant error on your end, I think you'd be best off working with an immigration lawyer. Good luck.

 

[Leesa Laug]

Hello Again,

After some investigation and bad calculations on my behalf with timezones etc. We arrived in Canada on a Visiting Visa on the 14th of September 2022 and applied for a Student Visa March 14th 2023. In my Application I may have wrote we arrived in Canada in September 13th 2023.

When we applied for the Student Visa our Visiting Visa was still valid.

If I put the wrong date of arrivel, Would they go off the date I entered or would they have checked in the system when we arrived?

(Again, The reason for applying for a Student Visa on the last day was we were waiting on Documentation from the Australia Department for the Applications. We have been asking for these documents for over 6 months.)

In this case can I re-apply for a Student Visa or can I question the result?

I am trying to see an immigration Lawyer ASAP however would like to put my mind at ease.

 

[scylla]

Hello Again,

After some investigation and bad calculations on my behalf with timezones etc. We arrived in Canada on a Visiting Visa on the 14th of September 2022 and applied for a Student Visa March 14th 2023. In my Application I may have wrote we arrived in Canada in September 13th 2023.

When we applied for the Student Visa our Visiting Visa was still valid.

If I put the wrong date of arrivel, Would they go off the date I entered or would they have checked in the system when we arrived?

(Again, The reason for applying for a Student Visa on the last day was we were waiting on Documentation from the Australia Department for the Applications. We have been asking for these documents for over 6 months.)

In this case can I re-apply for a Student Visa or can I question the result?

I am trying to see an immigration Lawyer ASAP however would like to put my mind at ease.

If you arrived on September 14th then the application would have needed to be submitted by March 13th.

 

[Leesa Laug]

Hello,

I am applying for a restoration visiting visa for 2 minors from Australia that are in foster care with us. My Husband is Canadian and I have my PR. The children have been in our care since 2013. We moved to Canada with both minors on visiting visa while we waited for the Department of Children's Justice (DCJ)in Australia to give us documentation so we could apply for the student visa. (The documentation arrived on the last day of their visiting visa although we applied for a student visa on the last day it was refused)

We have spoken to a immigration Lawyer and they advised us to send a letter via the webform to reconsider the Student Visa and after a few weeks if we do not get a reply from the webform, to apply for Restoration.


I am stuck on imm 5707 form. The minors are in Canada do we need to fill this form our?


Bit confused with the question on their parents? (We are considered physically and emotionally their parents). We don't have details of their parents.

Should I put N/A on the form? I will be sending all the court orders and letters from DCJ.


I want to make sure we have done everything right.