Study Permit Refused For 2 Month Overstay

[Albertwang]

Hi!
I run into this problem and I appreciate very much for any advice!!!

I just finished my high school in a Canadian high school, with average above 80, IELTS 7.5 and got the offer to study psychology in University of Alberta.

My study permit expired along with my passport. I fully recognized the importance of keeping my study permit valid as it is my legal status, however, please understand because of lacking experience and stressed school work, I happened not to leave enough time to renew my passport so it expired along with my study permit before I could get a new one. It was my first time to renew my passport so I did not expect it took that long – my appointment with the embassy was booked half a month later and the passport was not available to pick up until around a month after my appointment.That made me unable to apply to extend my study permit for almost two months after it expired until May when I picked up my new passport.

When I got my renewed passport in May, I could apply for a study permit restoration. However, after whole semester of hard working, all I wanted was to be with my family as soon as possible. So I thought I could fly back to my home country first and I could apply for my study permit there. When I got the refusal to renew my study permit, it was very heart-breaking and devastating because I worked very hard and it was my goal to study in University of Alberta together with my good friends that supported me. I spent two years studying in a Canadian high school to study in a Canadian university. In the two-year-period, I gradually overcame home sickness, language challenge, food and academic pressure. When my family was still in the happiness of seeing me after a whole year and me getting the offer of my dream school, it was very hard for us to received the refusal letter. I couldn’t imagine the mistake I made resulted from stressed schoolwork could ruin the dream I long for.

I wrote a detailed explain letter included the reasons, my apology, promise not to make the same mistake, study plan, the importance of studying in Canada, my ties and duty to return to home country to take care of my parents and how sad I was to know the dream I fought for was denied. I applied twice, both got refused. I'm very heart-broken and devastated.

Both refused study permit was on - any history contravening on admission

I want to keep my study in University of Alberta with my good friends and girlfriend.

Please any advice would be GREATLY appreciated!!!!!!

Thanks in advance!

 

[scylla]

There's probably not much you can do. Unfortunately it sounds like you didn't just overstay - but also continued to attend school while out of status (i.e. studied illegally). These violations are taken very seriously.

I don't think it's realistic to think you'll get another study permit approved anytime soon. I would recommend you look into completing your bachelor degree in your home country.

 

[Albertwang]

There's probably not much you can do. Unfortunately it sounds like you didn't just overstay - but also continued to attend school while out of status (i.e. studied illegally). These violations are taken very seriously.

I don't think it's realistic to think you'll get another study permit approved anytime soon. I would recommend you look into completing your bachelor degree in your home country.

That's a bad news but I still appreciate a lot that u bear my long article and gave your advice!!!!!

 

[Htrang13]

Hello, did you get your study visa?

 

[canuck_in_uk]

Hello, did you get your study visa?

From your previous posts, your status expired in March and your Restoration app was returned. You have no other option to legalize your status from within Canada and need to leave.

 

[Albertwang]

Hello, did you get your study visa?

Hello! I do not get a study permit. Here is one thing I want to tell people in the same situation: if your status expires, DO NOT go back to your home country before applying for restoration. My RCIC consultant told me, i can only apply a new study permit after leaving Canada for SIX months. After six months of leaving Canada,I am eligible to apply again, based on the immigration law. So, here is my suggestion: RESTORE STATUS before leaving CANADA, and always consult a RCIC consultant!

 

[Albertwang]

I read my last reply and found it not quite clear. I would like to edit it.

The process is:

If you overstayed, that means your visa has been expired and you are still in Canada, you have two options:

1. Apply for restoration IN CANADA within three months after visa expired.

2. If u don’t apply for restoration within three months after visa expired, go back to your home country, wait the 6-month penalty passed, then apply again. The 6-month penalty is stated in the Immigration Law to punish your overstay, which means no approval to any visa application in the 6-month period. After 6 months, you are all good.

Btw, Always have a explain letter

 

[canuck_in_uk]

I read my last reply and found it not quite clear. I would like to edit it.

The process is:

If you overstayed, that means your visa has been expired and you are still in Canada, you have two options:

1. Apply for restoration IN CANADA within three months after visa expired.

2. If u don’t apply for restoration within three months after visa expired, go back to your home country, wait the 6-month penalty passed, then apply again. The 6-month penalty is stated in the Immigration Law to punish your overstay, which means no approval to any visa application in the 6-month period. After 6 months, you are all good.

Btw, Always have a explain letter

There is no "6-month penalty" stated in immigration law. As you studied illegally, there was little chance of approval no matter when you applied.

 

[Albertwang]

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;
  
  

 

[Albertwang]

I applied twice within that six month period. Both refused. After I consulted with a RCIC consultant, she told me that I needed to wait until six month has passed. After six month passed, we gathered some additional documents including: Recommandation Letter from my high school teacher, detailed explain letter, a RCIC consultant letter, passport stamps to prove that I have left Canada for 6 months. We were successfully granted a study permit after twice refusal.

 

[PARAM-]

I applied twice within that six month period. Both refused. After I consulted with a RCIC consultant, she told me that I needed to wait until six month has passed. After six month passed, we gathered some additional documents including: Recommandation Letter from my high school teacher, detailed explain letter, a RCIC consultant letter, passport stamps to prove that I have left Canada for 6 months. We were successfully granted a study permit after twice refusal.

sorry to hear my one cent is get caips notes and then hire a good lawyer.

 

[oluwa.seun]

I applied twice within that six month period. Both refused. After I consulted with a RCIC consultant, she told me that I needed to wait until six month has passed. After six month passed, we gathered some additional documents including: Recommandation Letter from my high school teacher, detailed explain letter, a RCIC consultant letter, passport stamps to prove that I have left Canada for 6 months. We were successfully granted a study permit after twice refusal.

I’m currently in your situation, if you don’t mind me asking what note accompanied your refusal ?

 

[Albertwang]

I’m currently in your situation, if you don’t mind me asking what note accompanied your refusal ?

The note was basically saying : Because applicant engaged in unauthorized study and they were not satisfied by the applicant’s explaination so they could not issue the applicant a new study permit, however, applicant is eligible for a new study permit after ceasing study and leaving Canada for 6 months.

 

[PandaExpress]

I applied twice within that six month period. Both refused. After I consulted with a RCIC consultant, she told me that I needed to wait until six month has passed. After six month passed, we gathered some additional documents including: Recommandation Letter from my high school teacher, detailed explain letter, a RCIC consultant letter, passport stamps to prove that I have left Canada for 6 months. We were successfully granted a study permit after twice refusal.

Congratulations! You give me some courage haha. I'm in the same shoes. Overstayed as a student. Reapplying now. Wish me luck.

 

[PandaExpress]

I applied twice within that six month period. Both refused. After I consulted with a RCIC consultant, she told me that I needed to wait until six month has passed. After six month passed, we gathered some additional documents including: Recommandation Letter from my high school teacher, detailed explain letter, a RCIC consultant letter, passport stamps to prove that I have left Canada for 6 months. We were successfully granted a study permit after twice refusal.

Wait you gathered information and got the study permit after 2 new refusals? Or the 2 refusals during 6 months period you mentioned before??