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Study Permit Refused and Planning to Re-apply from Back Home (any advise)

tultull

Full Member
Jul 9, 2014
27
1
Hello there,
My Initial Study permit was extended until January 30, 2014(attachment 5: Study Permit Jpeg). I applied for my Study Permit extension on November 19,2013 (Attach 1: Application of Study Permit). I have been taking Courses on Distance learning for last 1.5 years from Toronto, Canada.

My Study permit application has been refused due to a missing documents from Memorial university and unable to provide :
1. Type of Course of Study or Program You are registered for
2. The start Date and the expected Completion Date and
3. Whether the program is full-time or part time studies.

CIC issued me the refusal letter March 25th and advised me that my temporary resident Status expired on 25 March 2014. And I may apply for restoration if, within 90 days from the expiry of my Temporary Resident Status.

After that i talked to Memorial University and have gathered every single necessary documents and re-applied for restoration of my status and study permit extenstion on 22nd April, 2014 (attachment 4) through a lawyer. In the mean time i was registered for Winter Semester and was writing my final exam. Once they have told me that i cannot work and studies during restoration period, i have stopped working and have deferred all my final exams as of today to comply with the law. I have been waiting for their final decision for over 3 months, sitting in my house and praying to God for a positive answer so that i can finish my courses and exam and literally to get my life back in shape.

However, after waiting 3 months, on July 2, 2014 (attachment 4: Decision Letter Restoration) , CIC notified me that my application for Restoration of My temporary Resident Status and Study permit as requested is refused. The main reason is for taking courses on distance. This is what CIC have told me in the letter " In my case , you are engaged in Distance Learning Courses that do not require you to physicaly in Canada to study and that you have not satisfied an officer you are a genuine Temporary resident, therefore you are not eligible to have your temporary resident status restored. Since you no longer hold Temporary Resident Status in Canada, you application for a study permit is also refused and asked me to leave Canada Immediately. I was heart broken and shocked because i was not expecting such harsh decision in my case. i have been following the rules and regulation of Canada and have been taking courses on Full time and Part time basis and living in Canada over 6 years. I have only 6 courses left to finish my Bachelor Degree from Memorial University and all of a sudden, this harsh decision has changed my life.

I have 2 choices left after the final decision, one is to go for Judicial Review and 2nd is to re-apply. I thought of going for Judicial Review, but it would be lengthy and Costly and Chances are slim. But Since i have very less time to live in Canada, i have considered to go back home and re-apply for my student visa.
 

mead

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tultull said:
Is there any restriction on re-applying? or how would i find it ?
u need to enroll in a program which is not distance education. so u need to leave canada ASAP and change ur program to a regular fulltime study than a distance program. If u use the same program u should expect same visa result.
 

tultull

Full Member
Jul 9, 2014
27
1
thank you for your reply. I am asking my university to provide me a full time offer on campus for next Winter 2015 semester and hoping to re-apply with it. I have only 2 semesters left to finish my Bachelor Degree.
 

J5M

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May 15, 2014
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Hi,


tultull said:
Hello there,
My Initial Study permit was extended until January 30, 2014(attachment 5: Study Permit Jpeg). I applied for my Study Permit extension on November 19,2013 (Attach 1: Application of Study Permit). I have been taking Courses on Distance learning for last 1.5 years from Toronto, Canada.

My Study permit application has been refused due to a missing documents from Memorial university and unable to provide :
1. Type of Course of Study or Program You are registered for
2. The start Date and the expected Completion Date and
3. Whether the program is full-time or part time studies.

CIC issued me the refusal letter March 25th and advised me that my temporary resident Status expired on 25 March 2014. And I may apply for restoration if, within 90 days from the expiry of my Temporary Resident Status.

After that i talked to Memorial University and have gathered every single necessary documents and re-applied for restoration of my status and study permit extenstion on 22nd April, 2014 (attachment 5924-2954-5) through a lawyer. In the mean time i was registered for Winter Semester and was writing my final exam. Once they have told me that i cannot work and studies during restoration period, i have stopped working and have deferred all my final exams as of today to comply with the law. I have been waiting for their final decision for over 3 months, sitting in my house and praying to God for a positive answer so that i can finish my courses and exam and literally to get my life back in shape.

However, after waiting 3 months, on July 2, 2014 (attachment 4: Decision Letter Restoration) , CIC notified me that my application for Restoration of My temporary Resident Status and Study permit as requested is refused. The main reason is for taking courses on distance. This is what CIC have told me in the letter " In my case , you are engaged in Distance Learning Courses that do not require you to physicaly in Canada to study and that you have not satisfied an officer you are a genuine Temporary resident, therefore you are not eligible to have your temporary resident status restored. Since you no longer hold Temporary Resident Status in Canada, you application for a study permit is also refused and asked me to leave Canada Immediately. I was heart broken and shocked because i was not expecting such harsh decision in my case. i have been following the rules and regulation of Canada and have been taking courses on Full time and Part time basis and living in Canada over 6 years. I have only 6 courses left to finish my Bachelor Degree from Memorial University and all of a sudden, this harsh decision has changed my life.

I have 2 choices left after the final decision, one is to go for Judicial Review and 2nd is to re-apply. I thought of going for Judicial Review, but it would be lengthy and Costly and Chances are slim. But Since i have very less time to live in Canada, i have considered to go back home and re-apply for my student visa.

1. Technically its your fault, make no sense for a judicial review.
2. Get a new LOA for the same course (full time), leave Canada 'voluntarily' & apply from your country.
 

minaz31

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Jan 11, 2012
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tultull said:
Thank you. Please what do you mean by LOA?
LOA - Letter of Acceptance from college / Offer Letter
 

ola1974

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May 21, 2014
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I think it is better u negitiate transfer of ur course to another school on full time basis. This will enable them allow u to complete ur program, though the school will assess ur course work to know the level they will place u. This is possible. So with this arrangement u can seek study permit from ur home country to canada again. Another option is to start all over again with ur school or another on full time.