Study permit extension refused - HELP PLEASE!

[Dice11]

Hi all,

My last study permit extension has been refused and looking for advice please! Here are my facts:

• I entered Canada in 2002 on a study permit for high school and graduated in 2003.
• I started a BA in an Ontario University in 2003 and graduated in 2006.
• I obtained a 3-year work permit and worked as a bank teller in one of the big banks, for one year from 2007-2008.
• When my work permit expired in 2010, I took various Interior Design courses (received a certificate) and even a landscaping course. I would apply for study permit extensions (and received them successfully) for these courses and so was able to stay in Canada up until now.
• My last study permit expired on Nov 30, 2015. In Oct, I applied for another extension (based on taking more interior design courses). On Dec 2, I received a letter from CIC which refused my application and stated “You must leave Canada on or before the expiry of your current document or, if your document has expired you must leave Canada immediately”.
• I called CIC right when she got this letter and they were very strict and did not reverse the decision. I think their reason for denial is that I have been a student for many years now.
• My lawyer says I have 90 days to apply for restoration of status, but chances of success are low.
• I went to Ryerson in early Dec, spoke to a counsellor and applied for a 1 year MBA, and got accepted within a week. I am thinking of applying for another study permit again using this MBA acceptance, and hope this time it is a stronger case.

So those are the facts. The only options I can think of at this time is to apply again for another study permit (using MBA program) and/or apply for a status restoration. My questions are:

1. For the status restoration application, I am thinking of applying at the last possible moment (end of 90 day window) so as to maximize my time in Canada. Would that be strategic or would it not be advisable? Should I instead submit the application sooner?

2. To increase my chances, should I also (or instead) submit another study permit application (for Ryerson MBA)? If so, if I submit it right away, is there any risk CIC would deny it, then order me to leave even before the 90 day window for status restoration expires? That would be even worse than my current situation.

Any general thoughts on my situation would be appreciated too.

Thanks so much everyone for your help!!!!

Sincerely,
A very stressed Chinese girl! :-[

P.S. My financial situation is fine, that is not a concern for the CIC.

 

[scylla]

You have to apply to restore your status no matter what you do if you want to stay in Canada. Whether you apply to restore your status back to a study permit or change your status to visitor is up to you. Note that there's no way you will be able to start your MBA studies in January (you won't have an approved study permit in time). The earliest you'd be able to start is May or September.

I would apply for restoration as soon as you can and not wait until the very end of the 90 day period. It you wait until the very end, it will probably be very apparent to CIC that you're just trying to find ways to stay in Canada and they may question if your intentions are genuine. Also, since you are out of status in Canada, technically Canada could decide to enforce your departure at any time. If you were working based on having a valid study permit, hopefully you stopped as soon as your extension was refused.

 

[Dice11]

Thanks scylla, great tips. Looks like I'm confusing the status restoration application and application for a new study permit - I thought they were separate options, but sounds like it's the same thing. Hoping that the fact I got accepted for a one year MBA presents a stronger case to be able to stay in Canada (even though it won't start until May 2016 at earliest).

Anyone else have any advice?

 

[J5M]

Hi,

Thanks scylla, great tips. Looks like I'm confusing the status restoration application and application for a new study permit - I thought they were separate options, but sounds like it's the same thing. Hoping that the fact I got accepted for a one year MBA presents a stronger case to be able to stay in Canada (even though it won't start until May 2016 at earliest).

Anyone else have any advice?

1. Both are different things. As mentioned above that you will have to restore your status back to study permit, that means you will have to apply for both 'restoration of status' and 'study permit' applications together.
2. The minimum processing time (unofficially) is around 3 months. There is no guarantee of approval.
3. You have misused the system in a smart and legal way, and that's what goes against you.

 

[mead]

My understanding is restoration of SP will be when u forgot to apply for extension before ur SP expired thats not the case here u did apply for extension and were refused. My guess is u should apply for change of status to visitor and the apply for a fresh study permit or else leave canada and apply for new study permit from ur home country. again this is my guess. To me ur out of status right now and an illegal so u should either apply for something or leave canada immediately.

 

[J5M]

Hi,

My understanding is restoration of SP will be when u forgot to apply for extension before ur SP expired thats not the case here u did apply for extension and were refused. My guess is u should apply for change of status to visitor and the apply for a fresh study permit or else leave canada and apply for new study permit from ur home country. again this is my guess. To me ur out of status right now and an illegal so u should either apply for something or leave canada immediately.

1. You can apply to restore your status during first 90 days post expiry.
2. For students, restoration is applicable when you either forgot to extend permit and lost status or got refused for extension and lost status. In first case, a simple restoration is enough, but in second case, you will have to apply for both restoration + study permit together.
3. Unofficially, chances are slim to none in the second case.

 

[Dice11]

Thanks J5M.

I understand that applying for a status restoration + study permit (after first study permit was refused) is slim to none chances. The study permit is to take remaining courses from Jan-Apr 2016 for an interior design certificate completion.

Would I be able to also apply for a status restoration + visitor permit at the same time? If not, would applying for a visitor permit (instead of study permit) have a higher chance of success? My basis for visitor permit would be to stay in Canada a few months longer until Aug 2016 at which point I can instead start an MBA that I have already been accepted for.

Thanks!

 

[J5M]

Hi,

Thanks J5M.

I understand that applying for a status restoration + study permit (after first study permit was refused) is slim to none chances. The study permit is to take remaining courses from Jan-Apr 2016 for an interior design certificate completion.

Would I be able to also apply for a status restoration + visitor permit at the same time? If not, would applying for a visitor permit (instead of study permit) have a higher chance of success? My basis for visitor permit would be to stay in Canada a few months longer until Aug 2016 at which point I can instead start an MBA that I have already been accepted for.

Thanks!

You want some extra time with visitor permit, but it might not be enough to convince VO. With study permit application (even though chances are slim) you still have some 'strong' purpose to show (MBA).

 

[Dice11]

I see, thanks. But would I be able to apply for both (visitor and study permit) simultaneously? Are they separate offices that handle the each application?

 

[scylla]

I see, thanks. But would I be able to apply for both (visitor and study permit) simultaneously? Are they separate offices that handle the each application?

You have to restore your status first to either a study permit or visitor visa. If you submit a restoration to a visitor visa and then at the same time submit a study permit application separately - the study permit is going to be refused since you're out of status. You have to pick one and restore back to that status.

You could try restoring your status to a visitor and then once that's approved, apply for a study permit. Or you could try to restore your status back to study permit.