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potatodust

Newbie
Nov 22, 2018
6
0
Hey guys,

This is going to be an odd case so bear with me.
I've been in Canada for 4 years now as an international student(Undergrad). For the first 2 years, I was a full-time student with average grades at UofT but towards the end of my second year I started to struggle due to various reasons which I'd like to keep private on this forum.
Long story short, depression hit me hard and I found it hard to get out of bed, I was enrolled and paid full tuition for my 3rd year but failed to actually make it to class and as a result was placed on academic probation. I was borderline suicidal at this point.
By the time, my 4th year came around I decided to take a break for a year[DID NOT PAY TUITION], refocus and re-evaluate things. [BUT I STAYED IN CANADA] I've been working with a therapist and alongside my academic advisor at UofT both of whom think I'm ready to go back to school. However, I realised by not being a full-time student this academic year, I lost my status as a student, even though my actual student visa expires on 1st December 2018.
After realising all this, I hired immigration lawyers within Canada and we submitted an application for extension of my visa under special circumstances.
Official Documents I used in my app:
1. Proof of sufficient funds for stay in Canada with tuition
2. Proof of enrolment at UofT
3. Letter from my academic advisor who is familiar with my situation, showing she has faith I can return to school
4. A letter and a medical report from my therapist, as proof that I was in fact mentally ill at the time. [It's worth mentioning that I only started seeking help around August this year]
5. Letters from friends who witnessed my depression
6. Official transcripts (they're bad)
7. A Personal Statement.

Despite everything said above, I genuinely feel like I'm ready to complete my education and have very real ways of coping with my mental health now. We submitted the application on October 10th this year and I am enrolled for the Winter Semester of 2019 at UofT.
It's now Nov 22nd and I haven't heard back and I know the processing time is 55 days but since my visa is expiring so soon, my lawyers are suggesting me to travel to the border and apply for an extension at the border itself since it would be instant and in case it gets rejected I can go back to my home country and reapply but that also means my online application becomes null. According to my lawyers the chances are the same.

So my question is, based on what you've read how do you think I should proceed; firstly should I just wait for my online application to get processed as it will give me implied status until I get a decision anyway. But the idea of getting it over with sounds appealing as well and in person, I can probably explain my circumstances better to the officer? Or maybe I could contradict myself somehow and mess up the interview?
I'm really stressed about this, I'm just someone trying to get their life back together, any advice will be greatly appreciated.
 
This is all very complicated, you should probably just wait for a decision.
A few things come to mind, do you actually know that your student status has expired? In that case shouldn't you be applying for a new study permit and not an extension, also how are you enrolled without a study permit that is illegal as far as I know.
There is another member who got rejected at the border for an extension and he had not violated anything they simply told him they dont do extension at the border.
 
This is all very complicated, you should probably just wait for a decision.
A few things come to mind, do you actually know that your student status has expired? In that case shouldn't you be applying for a new study permit and not an extension, also how are you enrolled without a study permit that is illegal as far as I know.
There is another member who got rejected at the border for an extension and he had not violated anything they simply told him they dont do extension at the border.

It probably expired last year when I didn't re-enrol at UofT, however I was never notified that I lost my status. I just saw in September on my University profile page, it stated my visa status as discontinued, that's when I hired the lawyers. I'm enrolled for next semester, not the current one, I am not in school right now, but I hope to be in January. I'm still a UofT student so I can enroll but I can't study until I get a permit, that's at least what I thought and my lawyers as well.
My lawyers applied under extension under special consideration category.
But yes, last year, I wasn't here with a valid status; we tried explaining that as best as we could in the app with the reports and support letters.
 
Adding to that, my current online application is for an extension under special consideration, but if I were to go to the border I'd be applying for a brand new student permit as my current one expires 1st Dec
 
Adding to that, my current online application is for an extension under special consideration, but if I were to go to the border I'd be applying for a brand new student permit as my current one expires 1st Dec
Are you a US citizen or resident? Thats tthe only way to get study permit at border.
 
I'm not; you're right, we just came to the same conclusion. Decided to wait for my application to clear and in case it gets rejected, we're sending out another application via my home country to apply for a brand new student permit. Either way, I should have implied status in the country.

All I can do now is wait I guess..
 
I'm not; you're right, we just came to the same conclusion. Decided to wait for my application to clear and in case it gets rejected, we're sending out another application via my home country to apply for a brand new student permit. Either way, I should have implied status in the country.

All I can do now is wait I guess..

I agree your situation is complicated.

I'm not sure you've gotten the best advice from the lawyers. If you lost your status back in 2017 then it's no longer possible to fix your status from within Canada - even with special consideration. The only option would be to leave Canada and apply for a new study permit from your home country. If you lost your status more recently, it's possible a restoration application could be successful. I wonder why your lawyers didn't suggest a restoration application instead? Note that you don't necessarily have implied status in Canada right now (you would only have implied status if your study permit wasn't canceled yet).

Submitting another application now via your home country makes no sense. If the extension is refused, the application sent through your home country is going to be refused too. You would need to return home and apply from there to have a chance of that application being approved.
 
I agree your situation is complicated.

I'm not sure you've gotten the best advice from the lawyers. If you lost your status back in 2017 then it's no longer possible to fix your status from within Canada - even with special consideration. The only option would be to leave Canada and apply for a new study permit from your home country. If you lost your status more recently, it's possible a restoration application could be successful. I wonder why your lawyers didn't suggest a restoration application instead? Note that you don't necessarily have implied status in Canada right now (you would only have implied status if your study permit wasn't canceled yet).

Submitting another application now via your home country makes no sense. If the extension is refused, the application sent through your home country is going to be refused too. You would need to return home and apply from there to have a chance of that application being approved.

About me not having an implied status right now. Yes, that's the risk we're taking. My lawyers even spoke to an immigration officer and even they couldn't definitively tell if I have implied status right now.

Okay can you explain to me, why it's different if I apply for a new permit via my home country while I stay in Canada as opposed to if I fly back? The process is online.

Also consider this scenario, what if I fly back after I receive my decision from the immigration for my extension under special consideration? Would that change anything with my new application?
I just want to understand why it's so critical that I apply while I'm in my home country. Do I need to be physically present in my homecountry when I submit it or can I fly back say mid December and wait for a decision back home? I guess what I'm asking is do I need to submit my application while I was in Canada or does it "have to be submitted" in my home country? Regardless I plan to fly back home mid December.

And thank you for your response!
 
About me not having an implied status right now. Yes, that's the risk we're taking. My lawyers even spoke to an immigration officer and even they couldn't definitively tell if I have implied status right now.

Okay can you explain to me, why it's different if I apply for a new permit via my home country while I stay in Canada as opposed to if I fly back? The process is online.

Also consider this scenario, what if I fly back after I receive my decision from the immigration for my extension under special consideration? Would that change anything with my new application?
I just want to understand why it's so critical that I apply while I'm in my home country. Do I need to be physically present in my homecountry when I submit it or can I fly back say mid December and wait for a decision back home? I guess what I'm asking is do I need to submit my application while I was in Canada or does it "have to be submitted" in my home country? Regardless I plan to fly back home mid December.

And thank you for your response!

If you are out of status right now, then chances are extremely high the extension is going to be refused.

If you are out of status, you also cannot apply for a study permit from within Canada (even if that application is sent to your home country). Refusal is guaranteed.

If your extension is refused, leave Canada and return home. Once you are back in your home country - submit the new study permit application. Don't do it while you're still here. That approach makes no sense and simply puts you on the path of refusal.