Study Permit expired, what to do?

[pickofdestiny89]

Hello everyone,

I am in a situation that is a little complex, so bear with me for a second. I have been in Quebec since 2006 on my fathers work permit. Now my study permit and work permit(which is bound to the study permit), expired at the end of June 2011. The company where my dad works at did all our immigration stuff since I'm here and did so last year.

Now when they sent the application for my study permit, they forgot to renew my CAQ which expired the end of August. So then I got a Study Permit for only 9 Days just to stay in status and give me time to get the new CAQ. I received a call that they can only give me the study permit for 9 days and that I have to renew my CAQ. So the company told me to renew the CAQ on my own. Now I applied the first of September, right after I received my renewed Study Permit. Now because of communication problems with the office I am still waiting for that CAQ.

The biggest problem is that the company my father works for did not send another application for me after I received the renewed study permit. I just found out about this, which means I am not in implied status and have been here past the 90 day grace period.

So now I am trying to figure out what to do since I only have 1 semester of studies left and my whole family lives here (father, mother, sister) since 2006.

Can I still apply for restoration of my permit, including an explanation of why it is so late?

A lawyer told me to apply outside Canada but I am not sure to what extend this would help. (The lawyer didn't seem to have much good information on my case, which is why I would like to hear some other peoples opinions on this).

Thank you!

[enfield]

Hello everyone,

I am in a situation that is a little complex, so bear with me for a second. I have been in Quebec since 2006 on my fathers work permit. Now my study permit and work permit(which is bound to the study permit), expired at the end of June 2011. The company where my dad works at did all our immigration stuff since I'm here and did so last year.

Now when they sent the application for my study permit, they forgot to renew my CAQ which expired the end of August. So then I got a Study Permit for only 9 Days just to stay in status and give me time to get the new CAQ. I received a call that they can only give me the study permit for 9 days and that I have to renew my CAQ. So the company told me to renew the CAQ on my own. Now I applied the first of September, right after I received my renewed Study Permit. Now because of communication problems with the office I am still waiting for that CAQ.

The biggest problem is that the company my father works for did not send another application for me after I received the renewed study permit. I just found out about this, which means I am not in implied status and have been here past the 90 day grace period.

So now I am trying to figure out what to do since I only have 1 semester of studies left and my whole family lives here (father, mother, sister) since 2006.

Can I still apply for restoration of my permit, including an explanation of why it is so late?

A lawyer told me to apply outside Canada but I am not sure to what extend this would help. (The lawyer didn't seem to have much good information on my case, which is why I would like to hear some other peoples opinions on this).

Thank you!

Hi,

1. You can't apply for the restoration of status as you are already out of 90 days grace period.
2. A family member of permit holder can apply for study permit from inside Canada.

[pickofdestiny89]

Thanks for the fast response!
So if I would try to apply from inside Canada the office in Vegreville would automatically refuse it?
If my father would do the application, on whos work permit I came here initially, then it would still work? How is this different from me giving in my own application?

[enfield]

Thanks for the fast response!
So if I would try to apply from inside Canada the office in Vegreville would automatically refuse it?
If my father would do the application, on whos work permit I came here initially, then it would still work? How is this different from me giving in my own application?

Hi,

1. Only if you can show a legal status based on your father's work permit.

[pickofdestiny89]

First of all thank you for your help!
I have received my CAQ now but my school said I'll have to re-apply for the next semester, so I can't get a Study Permit now. Can I apply for just a visitor permit or a work permit until I reapplied for school?

[enfield]

First of all thank you for your help!
I have received my CAQ now but my school said I'll have to re-apply for the next semester, so I can't get a Study Permit now. Can I apply for just a visitor permit or a work permit until I reapplied for school?

Hi,

1. As a dependent of a permit holder (your father), you can apply for a work permit inside Canada by way of a positive LMO by HRSDC. An 'Open Work Permit' for dependent children is applicable ONLY in British Columbia, Ontario and Alberta.

[PMM]

Hi

Hi,

1. As a dependent of a permit holder (your father), you can apply for a work permit inside Canada by way of a positive LMO by HRSDC. An 'Open Work Permit' for dependent children is applicable ONLY in British Columbia, Ontario and Alberta.

Note the OP has been out of status for nearly 7 months.  He basically has to leave.

[pickofdestiny89]

First of all thanks for all the responses!

Ok so after I talked to the embassy in Berlin and was told they can't help me and that I have to speak to the canadian office. Then I talked to CIC and was told, since my parents are both here and I am still a student I can just apply for a new visitor visa and it would be not a problem. 

The application was refused and the letter said I had to leave Canada immediately. I left 10 days later and at the airport I let an IO know that I was leaving.

Now I'm back in Germany and obviously want to return to Canada, but how does the whole overstay affect me when I want to go back? Is there a time limit that I have to stay out of the country?

Thank you!

[pickofdestiny89]

Any ideas on that?

[pickofdestiny89]

From what I've read on the Internet, I should be treated like anyone else who wants to travel to Canada, but I find that hard to believe. I looked at the CIC site and it said that there are 3 different things you can get (departure order, exclusion order and departure order) Mine was not even a real departure order so there is no need for an Authorization to Return either I guess.
The problem is that the embassy in Berlin wont answer my inquiries, which is very frustrating since I really have no good information on how I can proceed now...
I would really appreciate if someone here could give me some information on that!

Thanks, Christopher!

[pickofdestiny89]

Nobody?