Unclear about my contravention history

[mojians]

Hi,

I'm confused right now and need you guys help on my case.

I'm an international student in Quebec. My initial study permit was from 2015/1 to 2017/3/31. I tried to apply study permit extension from Mars. But for some reason, It wasn't until September that I got my CAQ and in the end I failed to restore my status within the 90 days period. However I did submit several restoration application. I went back to my home country voluntarily and tried to apply again for study permit with new valid CAQ but I got yet another refusal letter quoted:

" your history of having contravened the conditions of admission on a previous stay in Canada"

But I don't know which rule I violated. Could you guys tell me what could be the possible cause? Thank you guys.

 

[bellaluna]

I failed to restore my status within the 90 days period.

 

[canuck_in_uk]

Hi,

I'm confused right now and need you guys help on my case.

I'm an international student in Quebec. My initial study permit was from 2015/1 to 2017/3/31. I tried to apply study permit extension from Mars. But for some reason, It wasn't until September that I got my CAQ and in the end I failed to restore my status within the 90 days period. However I did submit several restoration application. I went back to my home country voluntarily and tried to apply again for study permit with new valid CAQ but I got yet another refusal letter quoted:

" your history of having contravened the conditions of admission on a previous stay in Canada"

But I don't know which rule I violated. Could you guys tell me what could be the possible cause? Thank you guys.

Hi

I'm not sure what you are confused about. Regardless of the applications you submitted, you stayed in Canada illegally for at least 6 months.

 

[mojians]

Hi

I'm not sure what you are confused about. Regardless of the applications you submitted, you stayed in Canada illegally for at least 6 months.

Thanks, canuck. I had been keep submitting the restoration status application during that period. Was i illegal in this situation? I thought that 90 days time is legal for me to stay.
What should I explain in the next application and what are my chances to return as a student?
Thanks

 

[scylla]

Thanks, canuck. I had been keep submitting the restoration status application during that period. Was i illegal in this situation? I thought that 90 days time is legal for me to stay.
What should I explain in the next application and what are my chances to return as a student?
Thanks

No - you did not have legal status during the 90 day restoration period. During restoration, you were in Canada without status.

Restoration was only possible within 90 days of you study permit expiring on March 31st. That means that you only had until the end of June to apply to restore your status. Any restoration applications submitted after this date had no chance of succeeding.

It's not clear when you left Canada and how long you were in Canada after March 31st. However since your restoration applications weren't successful, any time after March 31st is counted as illegal time in Canada.

When exactly did you end up leaving Canada? Did you work or study at all after March 31st?

 

[LifeDreamer]

Have you written an explanation letter to include with your study permit application when you applied the last time? Considering this to be your first time being out of status it is usually omitted if you had explained the circumstances and your efforts, especially if you had continued to study and didn't take up any work.

In any case, this violation is only a factor in determining your eligibility so if you are able to include stronger ties to your home country or convince the officer that you would return upon conclusion of your studies you may be granted the study permit.

 

[mojians]

No - you did not have legal status during the 90 day restoration period. During restoration, you were in Canada without status.

Restoration was only possible within 90 days of you study permit expiring on March 31st. That means that you only had until the end of June to apply to restore your status. Any restoration applications submitted after this date had no chance of succeeding.

It's not clear when you left Canada and how long you were in Canada after March 31st. However since your restoration applications weren't successful, any time after March 31st is counted as illegal time in Canada.

When exactly did you end up leaving Canada? Did you work or study at all after March 31st?

Thanks scylla. I applied study permit extension on March but it wasn't until June 20th that I got rejected. So the 90 days counts from July. I almost succeeded in restoring my status but I failed to transfer the new CAQ they required. The last rejection letter came at Oct 23 which was one month beyond 90 days.

 

[nismopinoy]

Hi.

My cousin had the same reason.

any history of having contravene the condition of admission on.a previous stay in.canada

I am not sure if she violated something. Pls enlighten us.

Here's the story

Cousin came here in june 2016 to visit. Applied for extension and left Canada in December 2017 (extension permit valid til January 2018) came back in March 2018.

Before leaving in December 2017 we applied for student permit but got refused because her permit still valif til january 2018 and she needs to apply it outside Canada.

Came back in March. She got hold in the immigration and got interviewedby the officer and found out that she got a on going LMIA application. But officer said it was okay because when the employer applied for the LMIA application she was in the Philippines.

April 2018 she received her LMiA approval from the employer and May 2017 she submitted a work permit application in the Philippines througj online.

After a month. June 2018 we received a refusal letter stating that reason plus 2 other reasons (employment prospect in the country of residence and current employment status)


Do you have any advice or comments about contravening? She has valid entry visa til October 2019 and we are plnning to extend her stay at the very last time if work permit will not go through.

What do you think was violated at this situation? Should she go back to the Philippines after 6 mos or try to extend her stay for the very last time.

She never work here. She just enjoyed staying here with family and was able to explore mostly Alberta tourist destinations.

Thanks

 

[LifeDreamer]

@nismopinoy I don't see any history of immigration violations. However the fact that she stayed in Canada for such prolonged periods of time preceding her application, and the different types of visa applications she submitted during this period gave serious concerns to the officer about her plans in the future. Her past work experience and the type of job she has got LMIA for was also a concern to the officer she is not likely to find a similar job in the Philippines hence the work experience will not be of benefit to her in the future. Hence for these reasons the officer came to the conclusion that she does not intend to go back to the Philippines after her work is concluded. You can confirm by ordering GCMS notes.

 

[nismopinoy]

@nismopinoy I don't see any history of immigration violations. However the fact that she stayed in Canada for such prolonged periods of time preceding her application, and the different types of visa applications she submitted during this period gave serious concerns to the officer about her plans in the future. Her past work experience and the type of job she has got LMIA for was also a concern to the officer she is not likely to find a similar job in the Philippines hence the work experience will not be of benefit to her in the future. Hence for these reasons the officer came to the conclusion that she does not intend to go back to the Philippines after her work is concluded. You can confirm by ordering GCMS notes.

Thank you so much for the reply. We ordered the gcms notes. I am just wondering what should be our next step? Her entry visa is valid til next year and would love her stay til then. Just in case she will not be able to come back here under wp. At least she will be able to explore more in Canada not just in Alberta.

 

[LifeDreamer]

She can stay, but there is no prospect of coming back on a workpermit until she moves back to Philippines gets a job and wait for at least a year.