[A Critical Situation] About Study Permit, CAQ and Restoration of Status

[hebele]

Hi guys,

I am a PhD student in Quebec and right now the worst nightmare a PhD student can imagine is happening to me. I applied to my CAQ on 18th of March and study permit + CAQ are both expired on 1st of April. My CAQ is issued on 1st of May as a result I am in status of restoration now and my winter semester and my scholarship has been cancelled. But the most annoying bit is that my CAQ is issued just for until the end of summer semester 31st of August. I called them to ask why. They told me that I requested until the end of the summer semester. I don't remember doing that. I guess there has been a mistake either on my side or their side. Anyways if restroation of status processing time is 4 months or longer than that, it may have very severe consequences for me. My questions are,

What would happen if they started my status restoration process in September and they realized that my CAQ is expired?
Is there anyway to speed up the process for the urgent situations like that? The worst thing for me is, if my restoration has been declined or if it is restored after September, I will very likely to have to quit my PhD. This would be very sad, because I was a fourth year PhD student and it was my most productive time now (I have published 9 papers in my first 3 years) and about a year later I was planning to graduate.
Anyways I will have to apply for a new CAQ asap, and does it make more sense to apply for restoration after I applied for the new study permit.

I would appreciate if anyone can help for any of these questions. As you might imagine, I am in a very serious panic mode.

 

[scylla]

I'll help with one question. No - there is no way to speed up the processing of your restoration application.

Unfortunately I can't help with the rest. Good luck.

 

[hebele]

Thanks scylla, by any chance do you know what is the average processing time for restoration of status for this period of time (summer). I have been told that for study permit, I should expect to wait 62 days. I guess status restoration will double that duration. Also is 62 days, that was told to me mean, median, min or max?

 

[aman singh]

My visa expired on 30th Nov, 2014 and I applied for my restoration on the 90th day on 28th Feb, 2015.
I got restoration approved with study permit on 27th March, 2015.
So it all came in 1 month, which I can never imagine of happening.

I attach summer semester acceptance letter. I guess that's the reason for fast decision.

Good Luck

 

[th3.rdx]

As a far as your restoration is concerned , it takes more than normal time to restore the status ( 2-4 months ).

And the worst thing is , you can't proceed with your studies in implied status i.e if your study permit is expired and you are waiting for a decision.

If your request is denied , you can still aplly with H & C ( humanitarian and compassionate grounds ) but the succes rate is only 50 % .

After that , you will get a letter to go back to your home country within 30 days ( mentioned in refusal letter ).

There is nothing you can do in this situation other than waiting for decision .

 

[hebele]

OK thanks th3.rdx and aman singh. It seems like there is a very high variance in the processing time for restoration of status. But do you think that in my case it would make more sense to go to US and apply there without restoration of status? I am not from US, but I have a valid US B1/B2 visa and I might be able to get US work visa as well there as well. But I had two concerns on that, first of al they may not allow me to cross the border with an expired Canadian and Study Permit and I am not sure if I can use the CAQ that I got in Canada to apply for Study permit in US. My second concern is that since I was in restoration of status in Canada, that might cause some problems in my study permit application in US(such as delays etc...).

 

[hebele]

Also I have one more question, once I completed my restoration of status and study permit applications. Am I considered as "implied status" or still as in "restoration of status". Can I leave Canada and re-enter after I submitted my application for restoration of status? Unfortunately it is almost impossible to access to an agent when I called CIC about that due to the high volume of calls.

Thanks,

 

[aman singh]

You can't apply for restoration of status outside Canada.

After applying for restoration, you can't work or study.
You just have to wait for their decision.

Good Luck

 

[J5M]

Hi,

Also I have one more question, once I completed my restoration of status and study permit applications. Am I considered as "implied status" or still as in "restoration of status". Can I leave Canada and re-enter after I submitted my application for restoration of status? Unfortunately it is almost impossible to access to an agent when I called CIC about that due to the high volume of calls.

Thanks,

You automatically lose your implied status when you leave Canada.

 

[th3.rdx]

As i told u earlier , the only thing you can do right now is waiting . If you got rejection , then H&C will be the only option to restore your status .
{
I don't know what are your actual plans but if your main motto is to stay in canada only . Then , hire a lawyer and he can get a open work permit easily for you in implied status .

I am not sure about Montreal but you can get it from toronto easily . PM if you want references }

By the way , if you want to study then wait and get results . Don't do any such thing like leaving country .

 

[J5M]

Hi,

As i told u earlier , the only thing you can do right now is waiting . If you got rejection , then H&C will be the only option to restore your status .
{
I don't know what are your actual plans but if your main motto is to stay in canada only . Then , hire a lawyer and he can get a open work permit easily for you in implied status .

I am not sure about Montreal but you can get it from toronto easily . PM if you want references }

By the way , if you want to study then wait and get results . Don't do any such thing like leaving country .

1. H&C is applicable only for PR application cases, not for temporary residents (including study permit holders).

 

[th3.rdx]

Oh well, you need to reasearch more about this bro.

One of my known friend got his result on H&C ( Humanitarian and Compassionate ) grounds 3 weeks ago.

Check this out

http://owjn.org/owjn_2009/component/content/article/57-immigration-law/337-what-kind-of-proof-do-i-need-for-my-hac-application

 

[J5M]

Hi,

Oh well, you need to reasearch more about this bro.

One of my known friend got his result on H&C ( Humanitarian and Compassionate ) grounds 3 weeks ago.

Check this out

http://owjn.org/owjn_2009/component/content/article/57-immigration-law/337-what-kind-of-proof-do-i-need-for-my-hac-application

"Recent changes to Canada’s immigration law have limited who may apply on H&C grounds, and what factors may be taken into account.

You may only request H&C if you are applying for permanent resident status in Canada, or for a permanent resident visa abroad. H&C requests from temporary resident applicants will not be considered."


http://www.cic.gc.ca/english/refugees/inside/h-and-c.asp

 

[th3.rdx]

My brother if he gets rejected this means he is out of status .

He is not a temprary resident anymore ? Are you getting me ? He will get a removal order and he can apply on H&C to stay .

Check your link again and read this . If he got status back , he can surely apply for stdy prmit . My known person got it 3 weeks ago , you want refernce Pm me.

Removal orders

If you have an order to leave Canada (this is called a removal order), you may be able to apply to stay in Canada on H&C grounds, unless any of the above restrictions apply to you.

 

[th3.rdx]

And these were the restrictions they mentioned to check



You cannot apply for H&C until five years have passed since:

the day you became a designated foreign national, and/or
the IRB made a final negative decision on your refugee claim, and/or
you got a negative decision on a pre-removal risk assessment (PRRA).
If you applied for H&C and then became a designated foreign national, your H&C application will be suspended for five years,

from the date you were designated, or
from the date of a negative decision from the IRB or
from the date of a negative PRRA decision.