lovejinny said:
Thank you for the replies.
My co-op visa included a work permit and study permit, both with an expiry date of February 8. I submitted an application for a study permit back in November 2013 and was only notified yesterday that it had been refused.
I'm still really confused, so hopefully somebody can help answer my silly/stupid questions:
1. Is the letter I received regarding the decision of my application for a Study Permit the same thing as a departure order? If so, does the 90 day period not apply in my case?
2. How will CIC know that I have left Canada on time? I am considering leaving very soon, but I don't want to receive a deportation order after I have already left.
3. After leaving, will I be able to re-enter Canada right away as a visitor? If so, will I be able to stay until the date specified in the passport stamp?
I really need to be in Canada for a very important event in April so I'm hoping it is just a matter of re-applying from within Canada...
Thanks again for your time everyone!
did you apply online or by mail in Nov 2013? you need to find out the date in which your application was finalized, generally speaking, if you applied Nov 1st, the processing time is minimum of 46 days, so that will jump to Dec 16, lets say your application was refused on Dec 16, then your 90 days grace period to re-apply for restoration should end on March 16, so I am assuming you still have time to re-apply for restoration, now the thing is, how were you notified that your study permit was refused? by mail or online? what does it exactly say in regards to leaving? usually the CIC officer will state that you have 90 days to apply for restoration if you're within the 90 days grace period, a departure order is usually issued for refusals that happen after the 90 days, not before. so you need to know where you stand at the moment.
If you've been issued a departure order, and did not leave within 30 days, then it becomes a deportation order, and once you leave Canada, you will not be allowed to re-enter, even if you're from a visa except country, the only way to re-enter Canada while having a deportation order on file, is to obtain an ARC (authorization to re-enter Canada) which you have to apply for through the border service agency, it takes approximately two months to obtain an ARC, depending on your case, but lets hope that you won't need any of that.
if you were not issued with a departure order, and you're in the clear, then you can leave Canada, and re-enter as a visitor normally with no problems.
now if you need to be in Canada for April, then hopefully your 90 days grace period is still valid, as I mentioned above, which should end around March 16 according to the submission date you provided, in that case, file your application online on the last day of the 90 days period, (you need to know exactly which day that is because on day 91 you will not be able to apply) so lets say you apply March 16th, the application will take 46 days, which will jump you through April, also even if it was refused, you will be issued with a departure order, and you will have another 30 days to leave.
I hope that helps, I am also in a mess right now, i've done extensive research to learn the immigration law, you have to be careful and not break the law, you have to be responsible to learn it and abide by it. I am trying to restore my statues and finish my degree, good luck to you, and to me
Let me know if you have any other questions
