Study Permit Renewal Refusal

[angela72]

Please help us, this is an emergency for us:

My cousin is studying here in Canada. Her study permit expired a few months ago (may 2012). As she is in Quebec, she needed her CAQ in order to submit her application for a renewal of the study permit. Unfortunately, she did not receive the CAQ until the 90-day period of renewal expired; when she received the CAQ, she submitted her application for a renewal of the study permit, which was refused, because it was submitted more than 90 days after the expiry date (exactly 95 days).
In the letter that she received, she has been asked to leave the country. She already paid her full semester fees and was taking classes.

My question is: can she apply for a study permit and a visa (because her visa expired in aug. 2011) at the canadian border? She can't enter the US without a visa, so is it possible that we drive her to the canadian border so that she can submit a visa and study permit application? If she can't reenter Canada with a visa, will she be allowed to go to her apartment at least, in order to fly to her home country? Assuming that she can get a US Visa, do you think that she will be able to just enter the US and come back on the same day or does she really have to go back to her home country in order to apply for a new visa?

Please help! Thank you very much for any insights you may provide!

 

[SenoritaBella]

She does not have any legal means to remain in Canada at this point so I recommend she consult an immigration lawyer(not consultant) asap. She will probably have to return to her home country and apply for a study permit and visa from there.

Going to the border has risks: 1) she would have to exit Canada and once outside, she has no way to re-enter(no status) and can be put on the next flight to her home country.

She could have applied for restoration and a study permit without the CAQ before the 90 days were over. This would have bought her some time until a decision was made. Then when the CSQ arrived, she could call the call centre and give them the CSQ number. hope it works out well for her.

 

[angela72]

Thank you very much for your help with this! We will then proceed with her leaving the country. Thanks again!

 

[just_do_it]

I dont think everyone can apply for a student visa and permit at the border crossing. I believe it is only available for those who hold passports from countries with a visa waiver program with Canada.

As far as your friend is concerned, i would still apply for restoration of status and explain the situation in detail for your friend's inability to apply for a renewal in time. If nothing else, it's worth a shot. Most of the time, if you have a valid and genuine reason for not being able to re-apply in time, they understand. Check with an immigration lawyer definitely to see if its possible.

Leaving canada and re-applying may be the last resort.

 

[jgt1991]

She does not have any legal means to remain in Canada at this point so I recommend she consult an immigration lawyer(not consultant) asap. She will probably have to return to her home country and apply for a study permit and visa from there.

Going to the border has risks: 1) she would have to exit Canada and once outside, she has no way to re-enter(no status) and can be put on the next flight to her home country.

She could have applied for restoration and a study permit without the CAQ before the 90 days were over. This would have bought her some time until a decision was made. Then when the CSQ arrived, she could call the call centre and give them the CSQ number. hope it works out well for her.

Hello,

I found this after a lot of search. I am in a similar situation. My CAQ and study permit expires on 31st August. I am waiting for the CAQ. Should I go ahead and apply for the study permit with the old CAQ before 31st and later send them the new CAQ?