Urgent! Restoration of Legal Status From Outside of Canada

[davidvisa]

Hello!

I've been studying university in canada since 2009 and I'm currently in the US doing an internship. I still need one more year of university to finish my degree in Canada however my student visa expires July 30 of this year and I applied to extend it, however since it was less than 30 days before it expired I got told I need to "first obtain a decision on your legal status in Canada". The reason I didn't apply earlier is because I was getting a US work visa (for my internship, and I'm neither American nor Canadian) and I didn't want my passport unavailable for the american visa.

I'm now trying to apply to restore my status by following the instructions in this link:
cic.gc.ca/english/information/applications/guides/5551ETOC.asp#5551E4

However, when filling out the form IMM5708E I notice it will only let you apply for a restoration of status if you're inside of Canada, which I'm not. Is there anyway to apply for a restoration of status from outside of Canada? Or what should I do if I'm trying to renew my student visa but it's less than 30 days until it expires and I'm not currently in Canada.

Thanks so much for the help!
David

 

[Josh21]

Typically restoration only applies if you've not left Canada. Once you leave, it's no longer a restoration.

Your study permit has expired and at this point since you are outside Canada, you will have to apply for a new permit.

You can apply from any country where you have legal status.

You have two options,

Either apply at the L.A Embassy in the U.S

or

Return to your home country and apply at the embassy there.

 

[sabby2612]

Yes, very much you can. You need to apply for restoration in USA where you currently are and of course the second option to visit India and apply from there. I think applying from US makes more sense and anyway they give you an option to explain the reason of delay too! the reason you specified, if dates were really clashing for your work visa in USA, then it shouldn't be much of a trouble. However, if it otherwise, you may have to face some trouble.

Cheers!

 

[davidvisa]

Hey!

Thanks a lot for the quick replies. I'm actually from Mexico so I would have to return there to apply.

Typically restoration only applies if you've not left Canada. Once you leave, it's no longer a restoration.
Your study permit has expired and at this point since you are outside Canada, you will have to apply for a new permit.
You can apply from any country where you have legal status.
You have two options,
Either apply at the L.A Embassy in the U.S
or
Return to your home country and apply at the embassy there.

Perfect, I'll call the LA embassy first thing on Monday to get more details. Thank you so much!

Yes, very much you can. You need to apply for restoration in USA where you currently are and of course the second option to visit India and apply from there. I think applying from US makes more sense and anyway they give you an option to explain the reason of delay too! the reason you specified, if dates were really clashing for your work visa in USA, then it shouldn't be much of a trouble. However, if it otherwise, you may have to face some trouble.

Cheers!

Would you happen to know how I can apply for restoration from the US? In the form I found (IMM5708E) you're not allowed to put any other country other than Canada as your current country of residence. Thank you!!

 

[Josh21]

Hey!

Thanks a lot for the quick replies. I'm actually from Mexico so I would have to return there to apply.

Perfect, I'll call the LA embassy first thing on Monday to get more details. Thank you so much!

Piece of advice : Just file the application like a regular new study permit and include a lettter explaining your situation. That's enough, dont complicate the situation.

The L.A embassy should be able to guide you better on the phone or in person.

I suggest you file the application soon incase there are any unexpected delays from their side.

Good Luck!

 

[sabby2612]

yeah you are right about that. But I think what can be done is as you will be required to submit an application stating the reason of this delay (which they term as offence) anyway you can mention it there. What you can also do, if you are okay to shed some money from your pocket, you can hire a immigration lawyer in Canada to represent your case which I think is appropriate in your case and if you just need counselling, as you are in USA, there is a very good law firm for immigration "Niren and Associates" they will charge you 150CAD and will resolve all your queries.

Cheers!

 

[PMM]

Hi

yeah you are right about that. But I think what can be done is as you will be required to submit an application stating the reason of this delay (which they term as offence) anyway you can mention it there. What you can also do, if you are okay to shed some money from your pocket, you can hire a immigration lawyer in Canada to represent your case which I think is appropriate in your case and if you just need counselling, as you are in USA, there is a very good law firm for immigration "Niren and Associates" they will charge you 150CAD and will resolve all your queries.

Cheers!

1. There is no "offence"
2. The 30 days in advance is just a request from CIC, as long as an application to extend is submitted before it expires you are still legal.
3. The OP could actually return to Canada before the 30th of July (As long as s/he hasn't been outside the US or St. Pierre et Miquelon) and immediately apply for an extension of his/her study permit.

 

[davidvisa]

yeah you are right about that. But I think what can be done is as you will be required to submit an application stating the reason of this delay (which they term as offence) anyway you can mention it there. What you can also do, if you are okay to shed some money from your pocket, you can hire a immigration lawyer in Canada to represent your case which I think is appropriate in your case and if you just need counselling, as you are in USA, there is a very good law firm for immigration "Niren and Associates" they will charge you 150CAD and will resolve all your queries.

Cheers!

Thanks for the suggestion on the lawyers. I'm highly considering it.

Hi

1. There is no "offence"
2. The 30 days in advance is just a request from CIC, as long as an application to extend is submitted before it expires you are still legal.
3. The OP could actually return to Canada before the 30th of July (As long as s/he hasn't been outside the US or St. Pierre et Miquelon) and immediately apply for an extension of his/her study permit.

I'm currently mid internship in the US so I can't go back to Canada before my visa expires. My internship ends until September 6th, and was planing on returning on Sept 7th or so to Canada. Would you happen to know if it's best to submit a new student visa application or what should I do in my case? Thank you so much!

 

[sabby2612]

@PMM, perhaps you need to review the link;

cic.gc.ca/english/information/applications/guides

they term it as an offence.


@david, if you are already considering your options to seek legal assistance, it won't cost you much but will give you peace of mind. they don't charge much and they are the experts then we "the users" on this forum, it's their day in day out job.

Cheers!

 

[PMM]

Hi

Thanks for the suggestion on the lawyers. I'm highly considering it.

I'm currently mid internship in the US so I can't go back to Canada before my visa expires. My internship ends until September 6th, and was planing on returning on Sept 7th or so to Canada. Would you happen to know if it's best to submit a new student visa application or what should I do in my case? Thank you so much!

1. You are going to have to apply for a new study permit in the US if you can't make it back prior to 30/07.
2. And if you TRV is expired, you will need a new one as well.

 

[davidvisa]

Thanks a lot guys. I have an appointment with the lawyers today. I figured it was best to not risk it. I greatly and sincerely appreciate the help. Wish me luck!

David