Living common-law with expired study permit

[magiabdul]

my fiance came to Canada with a study permit in 2015. She quit classs, overstayed, then returned back to our country of Brazil,
she applied and received another study permit. She quit schooling just after a few weeks once again, and is still here now. We have been living common law for 2-years. Expiry on her study permit is June 2020

Im on my PGWP, and employed as a chef for 1.5yrs eligible. I am eligible for permanent residence

we have been reading on various law sites that people can get their expired study permits restored until December 31, 2020,
We have been living common-law for 2years
Due to covid epidemic classes are online so she thinks she will do better with online classes

Should we just wait until i get permanent residences and apply for her, or should she just restore her study permit?

 

[Bs65]

So what status does she think she has now in Canada given the study permit was likely cancelled once she dropped out . The college would have informed IRCC and they would have cancelled the permit.

 

[scylla]

my fiance came to Canada with a study permit in 2015. She quit classs, overstayed, then returned back to our country of Brazil,
she applied and received another study permit. She quit schooling just after a few weeks once again, and is still here now. We have been living common law for 2-years. Expiry on her study permit is June 2020

Im on my PGWP, and employed as a chef for 1.5yrs eligible. I am eligible for permanent residence

we have been reading on various law sites that people can get their expired study permits restored until December 31, 2020,
We have been living common-law for 2years
Due to covid epidemic classes are online so she thinks she will do better with online classes

Should we just wait until i get permanent residences and apply for her, or should she just restore her study permit?

Whether restoration is possible depends on when she fell out of status. Exactly when did she stop attending school? We need a month and a year.

The December 31, 2020 restoration policy may not apply to her depending on the answer.

 

[magiabdul]

So what status does she think she has now in Canada given the study permit was likely cancelled once she dropped out . The college would have informed IRCC and they would have cancelled the permit.

Whether restoration is possible depends on when she fell out of status. Exactly when did she stop attending school? We need a month and a year.

The December 31, 2020 restoration policy may not apply to her depending on the answer.

her reason for living here is that she is my fiance, we live common-law,plus im sure i will get PR
she stop attending classes January 2019

 

[scylla]

her reason for living here is that she is my fiance, we live common-law,plus im sure i will get PR
she stop attending classes January 2019

If she stopped attending classes in January 2019, then the temporary restoration policy won't apply to her.

She would have fallen out of status sometime in 2019. Her study permit would have been canceled because she stopped attending school. The temporary policy only applies to people who lost status in Canada after January 30, 2020. So restoration is no longer an option for her. She has been out of status for too long.

You must include her as your common law partner in your application for PR. Not sure how her status in Canada may impact that. You may want to check with a lawyer.

 

[magiabdul]

If she stopped attending classes in January 2019, then the temporary restoration policy won't apply to her.

She would have fallen out of status sometime in 2019. Her study permit would have been canceled because she stopped attending school. The temporary policy only applies to people who lost status in Canada after January 30, 2020. So restoration is no longer an option for her. She has been out of status for too long.

You must include her as your common law partner in your application for PR. Not sure how her status in Canada may impact that. You may want to check with a lawyer.

so in your (OPINION) her being out of status may cause problems for my PR? They may not let me include her on PR application

 

[scylla]

so in your (OPINION) her being out of status may cause problems for my PR? They may not let me include her on PR application

You have to include her in your application. This is mandatory since you are common law.

I don't know if her being out of status could cause issues with your PR application. This is what you should confirm with a lawyer.