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violated my study permit, if employer with LMIA offers job, can I get approved

newbie72

Newbie
Jan 24, 2017
3
0
Have been working while on study permit but not registered for school for over a year. Not working now. Have employer with LMIA approval willing to hire me, can I get a work permit right away?
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
newbie72 said:
Have been working while on study permit but not registered for school for over a year. Not working now. Have employer with LMIA approval willing to hire me, can I get a work permit right away?
The short answer is no.

You're out of status in Canada (i.e. in Canada illegally). Your study permit and status in Canada were automatically canceled after you stopped attending school for more than 90 days. You should be expecting a refusal if you apply for a work permit since you are out of status in Canada and an order to leave Canada. Additionally, if CIC becomes aware of the illegal work, you should be expecting a six month ban after you leave Canada from applying for a new work permit.

Because you have been in Canada illegally for so long it's too late to restore your status from within Canada - this means it's impossible for you to apply for a work permit from within Canada. Your only option for restoring your status is to leave Canada.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
newbie72 said:
My study visa is good till Sept 2017, can I still enroll in school?
No - it's not valid. And no - you can't enroll in school.

September 2017 was your original visa's validity. However your study permit was only valid as long as you remained in school as a full time student and met the terms of your study permit.

CIC introduced new rules in 2014 whereby study permits are now automatically canceled once a student drops out of school for more than 90 days. So your study permit is now unfortunately invalid (since you dropped out of school) and you've been in Canada for quite some time now illegally / without status.

When someone goes out of status, it's possible to restore your status provided you do this within 90 days of going out of status (so you would have had to apply to restore your status shortly after dropping out of school). You're well past that being possible. Again, your only option is to leave Canada at this point if you want to be in a position to apply for a work permit (or another study permit).