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URGENT!!! STUDY PERMIT RENEWAL REFUSED

chloe95

Newbie
Mar 24, 2016
9
0
Hey,
I am currently on my 3rd year of engineering study, and recently got refusal of my application of renew my study permit. The reason they refused me is because they think I did not truthfully answer question 3: Have you ever been arrested, charged or convicted a crime? And my answer was No. At that time I did not realized it was an incidence in the first year, I was been mistakenly arrested for shoplifting and then the lawyer told me I don't need to worry since I was not convicted guilty and the charge is withdrawn. So i did not considered that i have once been arrested. Now they told me to apply for a restoration of state, and i am not sure if they will accept the application this time. If they refuse me this time, it will be a big problem. I am afraid that i couldn't get my degree after all this and I AM NOT SURE WHAT SHOULD I DO NOW. I have checked the relevant information and found out THE APPLICATION FOR RESTORATION WILL NOT ALWAYS BEEN ACCEPTED. I am going to ask my lawyer to write an explanation letter for me but do u guys have any ideas of what other documents do I need to present?

Thanks for all your reply!!!
 

Abbas1

Star Member
Apr 2, 2012
151
5
Here is my suggestion.

Get a police certificate done, then consult a lawyer who will issue you a legal opinion letter explaining your situation

then apply for restoration

this will cost you $500 for lawyer, $200 restoration fees Plus the application fees

Good Luck
 

chloe95

Newbie
Mar 24, 2016
9
0
Abbas1 said:
Here is my suggestion.

Get a police certificate done, then consult a lawyer who will issue you a legal opinion letter explaining your situation

then apply for restoration

this will cost you $500 for lawyer, $200 restoration fees Plus the application fees

Good Luck
hey, thank you for your reply and I have my criminal lawyer wrote an explanation letter for me but I am not sure whether I need to find another immigration lawyer to help my case. Besides, do I still need the police certificate if my criminal lawyer said that I have no criminal record in the letter. I am so desperate now. Do you think I have any chance to successfully applying the restoration.

THANK YOU SO MUCH FOR YOUR REPLY!!!
 

Abbas1

Star Member
Apr 2, 2012
151
5
even though your lawyer says you don't have a criminal record, it is better to have PCC just to show to CIC you really have no criminal record whatsoever
 

chloe95

Newbie
Mar 24, 2016
9
0
Abbas1 said:
even though your lawyer says you don't have a criminal record, it is better to have PCC just to show to CIC you really have no criminal record whatsoever
Also, do you know whether I can get the letter of acceptance from the criminal lawyer or I have to find the immigration lawyer to get that ?
 

chloe95

Newbie
Mar 24, 2016
9
0
Abbas1 said:
Acceptance letter for what ?
sorry it is letter of explanation. my lawyer wrote a letter of explanation of why I answered no in the formal case, but I am not sure if it is the same as the legal opinion letter.
 

J5M

Champion Member
May 15, 2014
1,564
64
Job Offer........
Pre-Assessed..
Hi,


chloe95 said:
sorry it is letter of explanation. my lawyer wrote a letter of explanation of why I answered no in the formal case, but I am not sure if it is the same as the legal opinion letter.

Admit your fault and apply with new application for SP and restoration together. It make no sense to counter CIC with legal opinion letter.
 

chloe95

Newbie
Mar 24, 2016
9
0
J5M said:
Hi,



Admit your fault and apply with new application for SP and restoration together. It make no sense to counter CIC with legal opinion letter.
thank you! but do I need a police check? Since my criminal lawyer wrote a letter explain why I answered no in the former question, is that enough and I do not need any legal opinion letter?
Do you think that I have any chance to reapply successfully?
 

prdgo

Full Member
Oct 8, 2015
23
0
hi chole 95,

I would suggest you two things. First get the final disposition letter of your charges, which would be provided to your lawyer by crown . Second thing if your charges withdrawn through diversion and if you did community service to get charges withdrawn then include a letter which should state that you have finished your community service. Final suggestion is that never lie to CIC , even if your charges are withdrawn you should say yes to question no 3 and give explanation about charges

I have been charged with offense but i have been never arrested. Finally, the charge is stayed by crown, when i apply for my study permit extension i disclosed my charge and attached court documents, i got my study permit extension with out any problem. I would suggest you disclose everything about your charges to CIC in future also, they knew everything about people who arrested or charged
 

J5M

Champion Member
May 15, 2014
1,564
64
Job Offer........
Pre-Assessed..
Hi,


prdgo said:
hi chole 95,

I would suggest you two things. First get the final disposition letter of your charges, which would be provided to your lawyer by crown . Second thing if your charges withdrawn through diversion and if you did community service to get charges withdrawn then include a letter which should state that you have finished your community service. Final suggestion is that never lie to CIC , even if your charges are withdrawn you should say yes to question no 3 and give explanation about charges

I have been charged with offense but i have been never arrested. Finally, the charge is stayed by crown, when i apply for my study permit extension i disclosed my charge and attached court documents, i got my study permit extension with out any problem. I would suggest you disclose everything about your charges to CIC in future also, they knew everything about people who arrested or charged

1. What's the point of including all such letters when CIC already got access to his case file with up to date status. The point is, OP clearly misrepresent in his first application and got refused.
2. His lawyer has no idea what he is suggesting. A 'legal opinion letter' means he is challenging CIC verdict and not willing to accept his misrepresentation. Instead, OP must admit his error and disclose his arrest record in a new application (with restoration). There is no guarantee restoration will be allowed. So why take risk with any justification or a legal letter.
 

chloe95

Newbie
Mar 24, 2016
9
0
Hey,
thank you. I am gonna apply for the restoration and study permit. I have included the letter of explanation for both my letter and the lawyer's explanation of my case and I also included the alternative measured program letter and police check. Do you think the information is enough? I also write yes on question no 3 and stated that I have been arrested and charged but charge is withdrawn and no criminal record. Is that fine?
Lastly, do u know how long does the restoration and study permit extension may take?
 

J5M

Champion Member
May 15, 2014
1,564
64
Job Offer........
Pre-Assessed..
Hi,


chloe95 said:
Hey,
thank you. I am gonna apply for the restoration and study permit. I have included the letter of explanation for both my letter and the lawyer's explanation of my case and I also included the alternative measured program letter and police check. Do you think the information is enough? I also write yes on question no 3 and stated that I have been arrested and charged but charge is withdrawn and no criminal record. Is that fine?
Lastly, do u know how long does the restoration and study permit extension may take?

1. Minimum 3 months.
 

Abbas1

Star Member
Apr 2, 2012
151
5
I am setting at 6 month wait time after similar document to yours has be submitted to VO

hope yours may be faster !
 

chloe95

Newbie
Mar 24, 2016
9
0
Abbas1 said:
I am setting at 6 month wait time after similar document to yours has be submitted to VO

hope yours may be faster !
Thank you! hope I can get it sooner so that I can decide whether to go back or continue to reapply I my home country.