Study Visa Denied - No evidence of lawful admission

[sfcoxinhe]

(Sorry I'm posting this twice -- I posted on the wrong board)

My study visa just got rejected and I was hoping for a suggestion on how to act next.

Here's my situation:
I came to Canada in February from Brazil on a visitor visa to visit my partner.

In May, I decided I'd apply for a postgrad course. I applied, got accepted and received a partial scholarship.
I started my study permit application as soon as I could. I applied through the Los Angeles office via mail.

Today, five weeks later, I received a reply. It had been rejected for the following reason: "You failed to provide satisfactory documentary evidence of lawful admission and valid temporary resident status in Canada or in the USA; and are therefore not eligible to apply for study permit at this office."

I sent a copy of my visa (both American and Canadian), but I could not provide proof of entrance since the Canadian Border Agent didn't stamp my passport. I, stupidly, assumed that if they didn't stamp it it meant that they had it in their data base and they could check (since the passport was scanned). I don't have anything that proves that I entered this country legally (I have boarding pass and that's all). I have requested the Travel History but because of the high demand for these (probably because they don't always stamp anymore) it will take another 4 to 6 weeks. I didn't even know this document existed until today. Is there a way I can get an appeal on this? Or should I reapply? What documents could work since my Travel History will come in too late. Also, did I make a mistake by applying through the Los Angeles office instead of a Brazilian office? I just followed what was written on this page:
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=483&top=15
"If you don’t belong to one of the groups above, you must submit a study permit application. To apply, you must:
apply online or use a paper application in a country outside Canada where you are lawfully admitted, or
apply in person or by mail at the Visa Application Centre in Los Angeles."

Oh, and my status here expires in August (the six month limit). I have very little time to figure this out.

 

[sfcoxinhe]

I called CIC again. The agent said my only option was to apply again. I could either wait for the Verification of Status (it takes 6 months, so no) or cross the border to the US and come back, asking for a stamp this time. Nothing guarantees I will be accepted into the country then so it might be too risky. On the other hand, if I do that, would I get up to six more months to stay in Canada? Or would my original six months still be running? (The CIC agent told me the former is true -- but I don't know how much I believe her)

 

[scylla]

I called CIC again. The agent said my only option was to apply again. I could either wait for the Verification of Status (it takes 6 months, so no) or cross the border to the US and come back, asking for a stamp this time. Nothing guarantees I will be accepted into the country then so it might be too risky. On the other hand, if I do that, would I get up to six more months to stay in Canada? Or would my original six months still be running? (The CIC agent told me the former is true -- but I don't know how much I believe her)

How long an entry you're given into Canada is up to the CBSA officer at the border. If they simply stamp your passport, you'll be given six months. However it's possible they may specify a date - entirely up to them and impossible for any of us to predict.

 

[scylla]

Also the website clearly states that if you are in Canada as a tourist, you must apply inside Canada. Why not just do that?

If your processing time for a study permit takes longer than you TRP validity, don't worry, you will have implied status. So you can stay until the accept or reject it.

Wrong information. OP is NOT here on a TRP and cannot apply for a study permit within Canada. The study permit must be sent to an office outside of Canada. Applying through a visa office inside of Canada is impossible and will result in refusal.

 

[sfcoxinhe]

How long an entry you're given into Canada is up to the CBSA officer at the border. If they simply stamp your passport, you'll be given six months. However it's possible they may specify a date - entirely up to them and impossible for any of us to predict.

I see... It's very risky then. I called the Border and an agent told me there's no guarantee they'd even let me in. I do have a multiple entry visa tho.

Also the website clearly states that if you are in Canada as a tourist, you must apply inside Canada. Why not just do that?

Like scylla said, I cannot apply within Canada. In my case, it must be Brazil or by mail in LA (which got refused because I can't prove I arrived on February 14). Brazil's processing time is 12 weeks, school starts in September... LA is 4 weeks (plus the time it takes to get there -- last time was long cause of the VAC) so if it takes a little bit longer or they deny it, I'm screwed.

 

[sfcoxinhe]

My partner and I are discussing getting married because we don't want to be apart (ofc, school would be a no in this situation). But we don't want it to look bad on our application, this "last minute decision" (it's not that last minute, we've been discussing it for months -- but it would seem that way to an agent). Plus, I'm assuming I'd still need to get an extension and that could be denied as well. And I'd lose my scholarship, I'd need to get a refund from school... Sigh.

 

[scylla]

My partner and I are discussing getting married because we don't want to be apart (ofc, school would be a no in this situation). But we don't want it to look bad on our application, this "last minute decision" (it's not that last minute, we've been discussing it for months -- but it would seem that way to an agent). Plus, I'm assuming I'd still need to get an extension and that could be denied as well. And I'd lose my scholarship, I'd need to get a refund from school... Sigh.

Yes - you'd still need to go through the extension process if you want to remain in Canada. Simply getting married to a Canadian doesn't entitle you to stay in Canada.

 

[sfcoxinhe]

Yes - you'd still need to go through the extension process if you want to remain in Canada. Simply getting married to a Canadian doesn't entitle you to stay in Canada.

Yes, I know that. Sorry, I meant... will it look bad? I don't want to do anything wrong.

 

[sfcoxinhe]

Also, wasn't the VAC job to let me know if something was missing? (i.e. the stamp) Why are they charging so much to do nothing?