Study Permit refusal in the middle of my program' study

[desparate-applicant]

Hi
I am in urgent need of advise from someone who went through situation like mine and did get rid of it.
I am in Canada right now,and studying in an undergraduate program.I applied to extend my study permit August last year.After long wait,CIC made decision on my study permit extension application couple days ago,and it was refused.Mentioned reason is, provided document does not satisfy that applicant is actively pursuing study
I was always in school and was actively pursuing study.So I have got detailed letter from Registrar office and my professor now to proof that reason wrong.I am planning to reapply within 1 or 2 days.
My study permit expired about 9 months ago and I was in implied status for last 9 months.
My question is,should I also apply for Restoration Of Status along with Study Permit Extension?My refusal letter(that I got from my CIC online account) does not mention anything about applying for restoration of status.
I called CIC to get my answer.But those people don't answer any of my questions.They say they can help only for applications that are in process.

I am looking forward to hearing from forum experts.
Thank you very much

 

[faredtsbc]

Hi

Why did the decision take 9 months? There must be something wrong from their side I think. If you are sure that you submitted the correct and informative documents, I would suggest you consult a lawyer for this asap.

I do not think that you still qualify for a restoration application since more than 90 days have elapsed since your study permit expired. I am on a similar boat as you. My extension application was refused because of missed document. I have applied for restoration and still waiting since more than 4 months.

 

[desparate-applicant]

There were probably some issues from their side.I called them 4-5 times a month and was always told to wait.You know how CIC call center respond.They simply do nothing.Finally I sent a mail to Toronto visa office and then after few weeks I heard from them.
Did your message or CIC mail mentioned anything about applying for restoration of status?I have been researching CIC website.I found that since I applied prior to study permit expiration and my application was in process which caused study permit expiration,my expiration date would count from the day a decision is made.
By the way,are you still allowed to continue study?If I am not wrong,you cannot continue study while restoration of status application in process.
Is there a way to get free advise from Canadian Immigration lawyer,if they just answer the question that I asked in this forum?I would like to apply by myself,since hiring lawyer is very expensive.

 

[faredtsbc]

There were probably some issues from their side.I called them 4-5 times a month and was always told to wait.You know how CIC call center respond.They simply do nothing.Finally I sent a mail to Toronto visa office and then after few weeks I heard from them.
Did your message or CIC mail mentioned anything about applying for restoration of status?I have been researching CIC website.I found that since I applied prior to study permit expiration and my application was in process which caused study permit expiration,my expiration date would count from the day a decision is made.
By the way,are you still allowed to continue study?If I am not wrong,you cannot continue study while restoration of status application in process.
Is there a way to get free advise from Canadian Immigration lawyer,if they just answer the question that I asked in this forum?I would like to apply by myself,since hiring lawyer is very expensive.

- Yes in my decision letter they mention that I can apply for restoration
- I believe that the 90 days are counted from the end of your current study permit
- No I am not allowed to study while waiting for restoration decision
- I am not sure about the free advice. I think you could find your way.
Good Luck

 

[desparate-applicant]

Thank you for your response.
I have a last question for you.Your answer would definitely help me to proceed to next step.
Did you apply online?If yes,first you get the refusal letter on your CIC account.Did that online refusal letter mention about applying for restoration?My online CIC refusal letter did not mention that.And I haven't got mailed letter since it has been only couple days.So I am not quite if mailed refusal letter would be different from online CIC account refusal letter.
Thank you very much and wish you all the best for your application.I really hope your application get approved.

 

[faredtsbc]

Thank you for your response.
I have a last question for you.Your answer would definitely help me to proceed to next step.
Did you apply online?If yes,first you get the refusal letter on your CIC account.Did that online refusal letter mention about applying for restoration?My online CIC refusal letter did not mention that.And I haven't got mailed letter since it has been only couple days.So I am not quite if mailed refusal letter would be different from online CIC account refusal letter.
Thank you very much and wish you all the best for your application.I really hope your application get approved.

- I did apply online and yes it mentioned the apply for restoration part. I did not receive any mailed refusal letter.
I strongly advice you to take action asap, find an experienced lawyer and discuss all circumstances of your application with him.
Thank you for your wishes and I wish you resolve you situation soon!

 

[desparate-applicant]

Thank you
Can you please suggest me your lawyer and send his detail.
Since we are facing almost similar issue,Can you please tell me how much it might cost me for hiring lawyer?An approximate cost would work.If it is not too expensive,I would better hire a lawyer.

 

[faredtsbc]

Thank you
Can you please suggest me your lawyer and send his detail.
Since we are facing almost similar issue,Can you please tell me how much it might cost me for hiring lawyer?An approximate cost would work.If it is not too expensive,I would better hire a lawyer.

I do not have a lawyer, I applied myself since I applied within the 90 days window. It is different in your case since you are outside the 90days window and you think that the reasons CIC provided for your app refusal are not valid. Therefore I think you have no way but to consult a lawyer to find out what options you have and how to proceed.
If you have a valid argument to prove that CIC made a mistake, then you might get your application reviewed and decision corrected. Otherwise, I think you have no way but leaving Canada and applying from out side again.

What city are you in?

 

[desparate-applicant]

Thanks for sharing.
I am in Thunder Bay,studying at Lakehead University.

 

[J5M]

Hi,

Hi

Why did the decision take 9 months? There must be something wrong from their side I think. If you are sure that you submitted the correct and informative documents, I would suggest you consult a lawyer for this asap.

I do not think that you still qualify for a restoration application since more than 90 days have elapsed since your study permit expired. I am on a similar boat as you. My extension application was refused because of missed document. I have applied for restoration and still waiting since more than 4 months.

90 days starts from the date of application refusal (including implied status). OP has option to apply for restoration.

 

[faredtsbc]

Hi,



90 days starts from the date of application refusal (including implied status). OP has option to apply for restoration.

Thanks for correcting me. I double checked CIC website and it confirms you r information:
"Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible."

For the main post author: you are good to start you application for restoration and you should double focus on addressing the refusal reasons and include all the documents that address those points in your application for restoration.

 

[desparate-applicant]

Thanks for correcting me. I double checked CIC website and it confirms you r information:
"Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible."

For the main post author: you are good to start you application for restoration and you should double focus on addressing the refusal reasons and include all the documents that address those points in your application for restoration.

Hi
I have a question for you.
As I am out of status since October 5th,2016,I have dropped out courses for Fall Semester.I am now registered for Winter Semester Only.Do you think that is a good idea?My refusal letter said,I am not actively pursuing study.To prove that wrong,I did get Enrolment Letter and Letter from My Department Dean.I was always on school till my application refusal and was actively pursuing study.I know I cannot attend school now.That is why,I am registered for future semester.If I don't hear any decision before my classes start,I would drop courses for Winter 2017 semester as well.That way,I won't be breaking any immigration law.
What did you do in your case?

Thank you

 

[faredtsbc]

Hi
I have a question for you.
As I am out of status since October 5th,2016,I have dropped out courses for Fall Semester.I am now registered for Winter Semester Only.Do you think that is a good idea?My refusal letter said,I am not actively pursuing study.To prove that wrong,I did get Enrolment Letter and Letter from My Department Dean.I was always on school till my application refusal and was actively pursuing study.I know I cannot attend school now.That is why,I am registered for future semester.If I don't hear any decision before my classes start,I would drop courses for Winter 2017 semester as well.That way,I won't be breaking any immigration law.
What did you do in your case?

Thank you

I would suggest you to go to your university International Student Office and consult with them about every aspect of you application of restoration to be on the safe side