AVE expired just before 30th of January 2020 - Overstaying past 90 days - Restore status

[lima2020]

Hello,

I come from France, and I came to Canada in December 2019. I was issued an AVE, but the border officer stamped my passport with a date, which means I had to leave Canada before the 15th January of 2020. But, during a weekend in Toronto they stole my bag including my passport. So, I went to the Police office, and the French ambassade. They issued me a new passport in the beginning of January. I was still aware that I had to leave the Canada by January, but I've decided to stay. Then, I knew that I had 90 days to restore my status. I took my time, and then, there was the covid-19. So, from March until June, I stood in Canada during the lockdown. Meanwhile, I've applied for a University, and I've been accepted. But, as I am a procrastinate person, I did not try to restore my status, I completely forgot. Now, I am in Canada, but I want to restore my status. I've read an article about the fact that if a Temporary visa has been expired after the 30th of January 2020, you are able to restore it, even if it's past the 90 days. In my case, my status has expired before this date, but I have lost my passport, and now I have a new one.
So, am I eligible for the 6 months of the AVE, or my visa has expired from the date of the stamp?
Also, I wanted to know if a new passport is equal to another file, or my new passport is going to be related to my old one?

 

[scylla]

Hello,

I come from France, and I came to Canada in December 2019. I was issued an AVE, but the border officer stamped my passport with a date, which means I had to leave Canada before the 15th January of 2020. But, during a weekend in Toronto they stole my bag including my passport. So, I went to the Police office, and the French ambassade. They issued me a new passport in the beginning of January. I was still aware that I had to leave the Canada by January, but I've decided to stay. Then, I knew that I had 90 days to restore my status. I took my time, and then, there was the covid-19. So, from March until June, I stood in Canada during the lockdown. Meanwhile, I've applied for a University, and I've been accepted. But, as I am a procrastinate person, I did not try to restore my status, I completely forgot. Now, I am in Canada, but I want to restore my status. I've read an article about the fact that if a Temporary visa has been expired after the 30th of January 2020, you are able to restore it, even if it's past the 90 days. In my case, my status has expired before this date, but I have lost my passport, and now I have a new one.
So, am I eligible for the 6 months of the AVE, or my visa has expired from the date of the stamp?
Also, I wanted to know if a new passport is equal to another file, or my new passport is going to be related to my old one?

It's unfortunate that you decided to take your time.

It's too late to restore your status from within Canada since it's been more than 90 days since January 15, 2020. There is a special policy in place due to COVID-19. However as you've correctly understood, this only applies to those who went out of status after Jan 30, 2020. So you cannot benefit from this rule.

Your old passport will be linked to your new one. Your old history does not magically disappear. You are still in Canada without status even though you got a new passport.

Your only option now is to leave Canada and then to apply for a study permit once you have returned to your home country. You cannot apply for a study permit while out of status in Canada and as said previously, it's too late to restore your status.

 

[lima2020]

It's unfortunate that you decided to take your time.

It's too late to restore your status from within Canada since it's been more than 90 days since January 15, 2020. There is a special policy in place due to COVID-19. However as you've correctly understood, this only applies to those who went out of status after Jan 30, 2020. So you cannot benefit from this rule.

Your old passport will be linked to your new one. Your old history does not magically disappear. You are still in Canada without status even though you got a new passport.

Your only option now is to leave Canada and then to apply for a study permit once you have returned to your home country. You cannot apply for a study permit while out of status in Canada and as said previously, it's too late to restore your status.

Thank you for the answer.

Alright, but when I will apply for the study permit, will I have to say "yes" when it's asked if I overstayed?

 

[scylla]

Thank you for the answer.

Alright, but when I will apply for the study permit, will I have to say "yes" when it's asked if I overstayed?

Yes, you will have to answer 'yes'. You certainly don't want to lie in your application. If you lie, you'll be risking not only a refusal but also a 5 year ban from Canada.

 

[lima2020]

Yes, you will have to answer 'yes'. You certainly don't want to lie in your application. If you lie, you'll be risking not only a refusal but also a 5 year ban from Canada.

Okay. So after overstaying, if I'm going back to France right now of my own will, and I ask for a study permit, is there a strong possibility that they accept my study permit knowing that I've overstayed ?

PS: I already had a study permit in the past which I respected, I left Canada one month before the end.

 

[sudu]

Okay. So after overstaying, if I'm going back to France right now of my own will, and I ask for a study permit, is there a strong possibility that they accept my study permit knowing that I've overstayed ?

PS: I already had a study permit in the past which I respected, I left Canada one month before the end.

Would OP get deported or just told to exit Canada?
How would they know if OP exited country?

 

[scylla]

Would OP get deported or just told to exit Canada?
How would they know if OP exited country?

Probably not deported. Just asked to leave.

IRCC has access to airline / flight manifests.