+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Refused temporary residence inside Canada/study permit

joanenriquez

Full Member
Jan 7, 2014
26
0
I am currently study permit holder (valid till March 2024)along with my husband holding Spouse open work permit( valid till March 2024). However we are confused as to whether we still have valid status in Canada.

I just renewed my student visa last December 2019 after I completed a two years program and before my previous student visa was expired

I went to Acsenda College in Vancouver BC for 1 semester January 2020 to March 2020 while Im implied status. February 29,2020 we got the approval of our temporary resident.I was granted a new Study permit along with my husband new open work permit and my kids visitor records.
My husband got positive LMIA also on March 2020 and he applied work permit on April 07,2020.
he included me in his application to change my status to spouse open work permit under his LMIA that's why I stopped studying in Acsenda College and we moved to Alberta from British Columbia. I decided to wait the decision from our application so that I m not going back to school.

September 29,2020 our application was refused because according to the refusal letter my husband did not meet the eligibility of the LMIA even he have several years work experienced in same position (COOK)Also In the refusal letter mentioned that we have to restore our status and the expiry date of our temporary resident was September 29,2020 same date of the refusal letter but we still have study and work permit valid till 2024.

Additionally, our representative said that I can till used my study permit. Me and my husband still have a valid status in Canada. He also sent a new application for my husband for closed work permit or under LMIA again without the restoration. I worried the outcome.
I called CIC four times already but they gave me different answers one says that I can still use my study permit ,but the other one say that I don't have status anymore.

I wanted to go back to school , I was accepted to one institution in Alberta and got a letter of acceptance letter but it's in January intakes 2021. I didn't go to school from March 2020 while I was waiting for the decision of our application. Obviously that its more than 150 days since I took a break from school. Now I do not know what to do if I return to school using my previous study permit even the refusal says that we don't have status anymore or I will go for restoration first and apply for new study permit.?Or restore as a student again?

I also find out that my work permit is can be use only in BC and cannot be use in Alberta as per other immigration consultant. He also said that there is a high chance that my application will be refused because i did a lot of application and did not comply my study permit condition so he advice me to go back to Vancouver BC to get enrolled and use my previous study permit. I feel that its weird because i got a letter that my status expire from the date of our application refusal .

I also called Members of Parliament in our area in Lloydminster Alberta, to ask for help to talk to immigration to verify our status and she told me that my status is still valid till March 2024 and Iam good to resume to my study in January 2021.However its a verbal communication and I have no evidence to show about this conversation but I can call them again to proof it , still I dont want to take risk if the visa officer decided to give us order to leave Canada.

Im still seeking for the help what should I do to verify and what to do next with our application.

If we do not go for restoration what will happen to us after 90 days since there are some people with the knowledge in immigration told us that we still have valid status.

If we go for restoration , what is the highest chances to restore our status?
-restore as a student permit along with my husband spouse open work permit restoration and cancel the on going reapplication without restoration under LMIA

or

-he will restore as closed work permit( with the LMIA )which is the visa officer did not satisfied that he his qualified for the position? we do not have the exact details of the refusal.
Please can someone have idea with this matter
 
Last edited:

scylla

VIP Member
Jun 8, 2010
93,178
20,655
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
Post your full refusal letter.
 

joanenriquez

Full Member
Jan 7, 2014
26
0
Delete all your personal information. Your school should have reported you for not attending your program and your study permit should have been cancelled but sometimes it doesn't happen
I know some international student not pursuing their study in Canada, however I just misunderstand the condition of my study permit because of covid and lockdown happened last March 2020 in Vancouver I decided to change my status to open work permit under my husband application for closed work permit LMIA and follow my husband in Alberta. I though I can still back to student status if i will get refusal for my app,ication. The application tooks so long thats why im out of school for more than 150 Days. I didnt realize that I should continue my study. In my case I want to continue my school however I have to restore my student and get a new study permit. Some immigration consultant says that i cannot get a new one and there is a high chance of refusal because I already violated my previous study permit. But I want to remain in Canada and my family are here .Were here for 7 years already .
 

canuck78

VIP Member
Jun 18, 2017
53,062
12,797
I know some international student not pursuing their study in Canada, however I just misunderstand the condition of my study permit because of covid and lockdown happened last March 2020 in Vancouver I decided to change my status to open work permit under my husband application for closed work permit LMIA and follow my husband in Alberta. I though I can still back to student status if i will get refusal for my app,ication. The application tooks so long thats why im out of school for more than 150 Days. I didnt realize that I should continue my study. In my case I want to continue my school however I have to restore my student and get a new study permit. Some immigration consultant says that i cannot get a new one and there is a high chance of refusal because I already violated my previous study permit. But I want to remain in Canada and my family are here .Were here for 7 years already .
Can you post the letter ypu got without your personal information.
 
  • Like
Reactions: mithi678