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Study permit refused. Restoration?

Chikako

Newbie
Oct 15, 2013
4
0
Hi! I really need someone’s advice.
I applied for my study permit extension in April. It was refused at that time, and then I re-applied it before the expiration day (May 10). But I received a refusal letter again on October 1, for not meeting the requirements that the officer asked for.
I’m thinking about trying to restore my study permit. I heard it will take at least 4~5 months.
I checked CIC Websites, but there were some unclear points. Hope someone would answer them for me!!
1. Is there another option for me?
2. Am I eligible to apply for the restoration even if my permit was “Refused”, not “Expired”?
3. Am I allowed to do volunteering which requires “Criminal Record Check” while I am waiting?
4. Am I allowed to leave Canada after I submit the request of my restoration?

I’m so confused and stressed out with this unexpected situation. I really appreciate if you guys help me!
 

scylla

VIP Member
Jun 8, 2010
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1. Yes - you can apply.
2. Yes - you can volunteer. However make sure it's a role no one would ever be paid to do. For example, you can't volunteer with a company that you want to work for and be paid in the future. If you do this, it will be classified as working illegally even though you're not being paid.
3. Sure - you can leave Canada. But then don't bother applying for the restoration of status. Once you leave Canada, your restoration of status is effectively canceled and can no longer be used (even if it's approved).
 

sumera.k

Hero Member
Sep 29, 2013
224
0
Chikako said:
Hi! I really need someone's advice.
I applied for my study permit extension in April. It was refused at that time, and then I re-applied it before the expiration day (May 10). But I received a refusal letter again on October 1, for not meeting the requirements that the officer asked for.
I'm thinking about trying to restore my study permit. I heard it will take at least 4~5 months.
I checked CIC Websites, but there were some unclear points. Hope someone would answer them for me!!
1. Is there another option for me?
2. Am I eligible to apply for the restoration even if my permit was “Refused”, not “Expired”?
3. Am I allowed to do volunteering which requires “Criminal Record Check” while I am waiting?
4. Am I allowed to leave Canada after I submit the request of my restoration?

I'm so confused and stressed out with this unexpected situation. I really appreciate if you guys help me!

Rejected on what grounds? Were u pursuing same course for which study permit was first originally issued?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi


scylla said:
1. Yes - you can apply.
2. Yes - you can volunteer. However make sure it's a role no one would ever be paid to do. For example, you can't volunteer with a company that you want to work for and be paid in the future. If you do this, it will be classified as working illegally even though you're not being paid.
3. Sure - you can leave Canada. But then don't bother applying for the restoration of status. Once you leave Canada, your restoration of status is effectively canceled and can no longer be used (even if it's approved).
The OP says his study permit expired on May 10th and s/he received the refusal letter Oct 1st. So 90 days from May 10th is long gone for restoration. Now well out of status.
 

Chikako

Newbie
Oct 15, 2013
4
0
scylla, sumera K, PMM. Thanks for the answers!!

The refusal reasons were;

I am not satisfied that you are a genuine student. You have submitted documentation which lacks
credibility as part of your application. This has diminished the overall credibility of your
submission.
Persons wishing to extend temporary resident status in Canada must satisfy an officer that they
will leave Canada by the end of the period authorized for their stay, that they will not contravene
the conditions of entry and that they do not belong in a category of persons inadmissible to
Canada under the Immigration and Refugee Protection Act.
In reaching a decision, an officer considers several factors, which include the applicant’s:

1. Reason for original entry and reason for requested extension;
2. Ties to country of permanent residence, including employment and study commitments, family ties and responsibilities,status (citizenship or immigration status)
3. Financial means for the extended stay and return home;
4. Travel and identity documents;
5. Probability to leave Canada at the end of authorized stay.


>Were u pursuing same course for which study permit was first originally issued?
Yes, post-basic course of the first year.


Is there still a possibility that I can restore my permit???
 

SenoritaBella

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Jan 2, 2012
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Under what circumstances did you apply for an extension? Was it to finish the program you originally came for or for a new program?
Did you submit your most recent transcripts?
Were your grades good?
Were you a full-time student?
Do you have gaps in learning periods(i.e. took semesters off)?
Did you have adequate funds?
What did you submit that the officer found to lack credibility?

I think you should have ordered your GCMS notes the first time you were refused. This would have given you details on the problem areas. Did the refusal letter ask you to leave Canada immediately?
You may want to seek legal help from a lawyer.
 

txboyscout

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Jun 9, 2009
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It seems that the officer was not satisfied that you are/were a legitimate student. That is very easy to prove if you were with your school records and transcripts and almost impossible to prove in the absence of those documents. So you have to decide which category you fall into
 

sabby2612

Hero Member
Mar 14, 2013
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SenoritaBella said:
Under what circumstances did you apply for an extension? Was it to finish the program you originally came for or for a new program?
Did you submit your most recent transcripts?
Were your grades good?
Were you a full-time student?
Do you have gaps in learning periods(i.e. took semesters off)?
Did you have adequate funds?
What did you submit that the officer found to lack credibility?

I think you should have ordered your GCMS notes the first time you were refused. This would have given you details on the problem areas. Did the refusal letter ask you to leave Canada immediately?
You may want to seek legal help from a lawyer.
Perfecto, Exactly, these are the questions which need some answering first. He/she needs to first answer these questions. It's quite often the case where students when land here do not finish their study in time which is alright as long as they justify it. Failing in one or two exams doesn't impact your chances. However, failing one entire semester ( perhaps not even appearing in exams ) and on top of that dropping a semester will clearly indicate that student has intentions of working rather than studying. Was the student on some warning from college, did he even apply with college letter?
 

Chikako

Newbie
Oct 15, 2013
4
0
Thanks everyone.
I have been a sincere student and did not commit anything that the officer might be accusing me of. I attended 99%.
Anyway I'll answer the questions.

>Under what circumstances did you apply for an extension? Was it to finish the program you originally came for or for a new program?
It was for a post basic program. I had decided to study a half more years.

>Did you submit your most recent transcripts?
Yes
>Were your grades good?
Yes
>Were you a full-time student?
Yes
>Do you have gaps in learning periods(i.e. took semesters off)?
I had to wait 1 month to join the post-basic course
>Did you have adequate funds?
Yes
>What did you submit that the officer found to lack credibility?
Transcript, letter from the school(Length of the program and praticum)

>I think you should have ordered your GCMS notes the first time you were refused. This would have given you details on the problem areas. Did the refusal letter ask you to leave Canada immediately?
Yes. I should have been more serious the first time.


>It seems that the officer was not satisfied that you are/were a legitimate student. That is very easy to prove if you were with your school records and transcripts and almost impossible to prove in the absence of those documents. So you have to decide which category you fall into
Could you explain more about "School records"? Is that like an attendance??

>Was the student on some warning from college, did he even apply with college letter?
I applied with a letter. I had never failed any exams. I was very serious student.
 

sabby2612

Hero Member
Mar 14, 2013
929
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Chikako said:
Thanks everyone.
I have been a sincere student and did not commit anything that the officer might be accusing me of. I attended 99%.
Anyway I'll answer the questions.

>Under what circumstances did you apply for an extension? Was it to finish the program you originally came for or for a new program?
It was for a post basic program. I had decided to study a half more years.

>Did you submit your most recent transcripts?
Yes
>Were your grades good?
Yes
>Were you a full-time student?
Yes
>Do you have gaps in learning periods(i.e. took semesters off)?
I had to wait 1 month to join the post-basic course
>Did you have adequate funds?
Yes
>What did you submit that the officer found to lack credibility?
Transcript, letter from the school(Length of the program and praticum)

>I think you should have ordered your GCMS notes the first time you were refused. This would have given you details on the problem areas. Did the refusal letter ask you to leave Canada immediately?
Yes. I should have been more serious the first time.


>It seems that the officer was not satisfied that you are/were a legitimate student. That is very easy to prove if you were with your school records and transcripts and almost impossible to prove in the absence of those documents. So you have to decide which category you fall into
Could you explain more about "School records"? Is that like an attendance??

>Was the student on some warning from college, did he even apply with college letter?
I applied with a letter. I had never failed any exams. I was very serious student.
Damn, then I wonder on what ground VO denied you. Well, did you receive any letter from CIC about leaving country or something like that?

GCMS isn't a bad choice now. and yes consider talking to a lawyer just to be on a safer side now. Don't bother to contact some education consultants, better contact a immigration lawyer.

Rest, lets wait for others to comment.
 

SenoritaBella

VIP Member
Jan 2, 2012
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I Googled "post basic program" and it's a type of certificate program that provides people with specialty knowledge and expertise in their field. Is this correct?
1. So you had not graduated from your initial program and wanted to take extend your study for 6 more months?
2. Was this 'post basic' program related to your field of study?
3. Did you include a cover letter explaining why you wanted to take this program, how it will benefit you, etc?
4. it is strange for them to doubt the credibility of a letter from school. Can the length of the program be verified on the school website, etc?

A lawyer would be good at this time.
 

sumera.k

Hero Member
Sep 29, 2013
224
0
SenoritaBella said:
I Googled "post basic program" and it's a type of certificate program that provides people with specialty knowledge and expertise in their field. Is this correct?
1. So you had not graduated from your initial program and wanted to take extend your study for 6 more months?
2. Was this 'post basic' program related to your field of study?
3. Did you include a cover letter explaining why you wanted to take this program, how it will benefit you, etc?
4. it is strange for them to doubt the credibility of a letter from school. Can the length of the program be verified on the school website, etc?

A lawyer would be good at this time.
Hi.. I have a related question. Suppose I get my permit on d basis of a 1 yr post graduate certificate or diploma in international business management n I withdraw bfr classes start n switch to a 2 yr post secondary diploma in asset management or accounting.. Can VO reject my visa extension on basis of dis change although I'd be well through half of my course program?
 

Chikako

Newbie
Oct 15, 2013
4
0
Thank you everybody.
I will definitely go with GCMS.

>did you receive any letter from CIC about leaving country or something like that?
Yes

>I Googled "post basic program" and it's a type of certificate program that provides people with specialty knowledge and expertise in their field. Is this correct?
yes
>1. So you had not graduated from your initial program and wanted to take extend your study for 6 more months?
I finished all the initial program, and decided to take the advanced program which lasts for 6 months.

>2. Was this 'post basic' program related to your field of study?
Yes
>3. Did you include a cover letter explaining why you wanted to take this program, how it will benefit you, etc?
Yes, short cover letter. I don't think it was very good amount, but still it can't be the reason I guess.

>4. it is strange for them to doubt the credibility of a letter from school. Can the length of the program be verified on the school website, etc?
Yes

>Don't bother to contact some education consultants, better contact a immigration lawyer.
Do you think education/immigration consultants won't be able to handle this issue? Better ask lawyer? Is this situation that bad? How differently do they work on this? Do you happen to know about how much it costs in total?

I appreciate your help.
 

scylla

VIP Member
Jun 8, 2010
95,896
22,141
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
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File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You have to leave Canada. I missed the May 10th date when I read your post the first time. As PMM has pointed out, you are out of status and it's too late to apply to restore your status.

You can try applying for another study permit. But you'll have to do it from outside of Canada.
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
Category........
Visa Office......
Dakar
Job Offer........
Pre-Assessed..
App. Filed.......
08-01-2014
AOR Received.
12-02-2014
File Transfer...
25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
I think you may have shot yourself in the foot! :-X You don't need a study permit for courses that are 6 months or less. Why didn't you go for a post-graduate work permit instead?
In any case, if you received a letter asking you to leave Canada immediately, you should obey it. After 30 days, I believe it will become a deportation order which is not good.

Chikako said:
Thank you everybody.
I will definitely go with GCMS.

>did you receive any letter from CIC about leaving country or something like that?
Yes

>I Googled "post basic program" and it's a type of certificate program that provides people with specialty knowledge and expertise in their field. Is this correct?
yes
>1. So you had not graduated from your initial program and wanted to take extend your study for 6 more months?
I finished all the initial program, and decided to take the advanced program which lasts for 6 months.

>2. Was this 'post basic' program related to your field of study?
Yes
>3. Did you include a cover letter explaining why you wanted to take this program, how it will benefit you, etc?
Yes, short cover letter. I don't think it was very good amount, but still it can't be the reason I guess.

>4. it is strange for them to doubt the credibility of a letter from school. Can the length of the program be verified on the school website, etc?
Yes

>Don't bother to contact some education consultants, better contact a immigration lawyer.
Do you think education/immigration consultants won't be able to handle this issue? Better ask lawyer? Is this situation that bad? How differently do they work on this? Do you happen to know about how much it costs in total?

I appreciate your help.