URGENT study permit restoration refused

[KingsleyPPAP]

Hi all,

I am new to this forum. It is a lengthy story, so please bear with me.

I am doing an undergrad and have only one semester of courses left. My study permit expired at the end of July, while I was not in Canada. I re-entered Canada through Vancouver Airport at the end of August, explaining my situation and my assumptive read on the law that says any studies less than 4 months in length doesn't require a study permit to the border officer, then she swiftly allowed my entrance. Additionally, I am from a visitor visa-exempt country.

I was informed later by my university that this wasn't the case since an undergrad is a 4 years program; they urged me to restore my status, which I did.

Today, I finally received the letter from IRCC, and they have refused my application, stating "[X] You are not a person described in Immigration Legislation who can apply for this type of document from within Canada. An application of this type must be made at a Canadian Visa office in another country." However, the letter did not neither demand nor mention immediate departure.

I did some further digging on the internet only to find out

It is important to note that restoration of status is an option that is only available from inside Canada. Once an individual has left Canada, they will need to apply for a new temporary visa. For example, if an international student loses status in Canada due to the expiry of their study permit and subsequently leaves Canada to visit family, they will not be eligible for a restoration even if the ninety (90) days had not elapsed since the expiry of their study permit. - Rogerson Law Group

Therefore, I can see the reasons behind the refusal. But at this moment, I have a few questions.

1. Since I was not eligible for restoration from the get-go, would that mean the my current status is not a implied status, but a visitor status?

2. Does the law detail the conditions for said eligibility/ineligibility? Is that a chance to correct this without having to leave Canada?

 

[KingsleyPPAP]

Additional question:

Will it be helpful to apply for an Access to Information and Privacy (ATIP) Online Request to better understand this? (It does say it will take up to 30 days, and time is not on my side I am afraid.)

P.S: How does one edit a post? I can't seem to find the button for it.

 

[scylla]

1. Since I was not eligible for restoration from the get-go, would that mean the my current status is not a implied status, but a visitor status?

2. Does the law detail the conditions for said eligibility/ineligibility? Is that a chance to correct this without having to leave Canada?

1) Yes - your status in Canada is that of a visitor.
2) You need to apply for the study permit through a visa office outside of Canada. You cannot apply for the study permit through an office in Canada.

Hopefully you are not studying at this time. FYI - studies of six months or less do not require a study permit - however this refers to the ENTIRE duration of the studies, not just the remaining studies. Long story short, you absolutely need a study permit.

 

[KingsleyPPAP]

Thanks for the quick reply, scylla! Of all the posts on this site I have combed through, you are always there helping people. You the bomb!

 

[KingsleyPPAP]

1) Yes - your status in Canada is that of a visitor.
2) You need to apply for the study permit through a visa office outside of Canada. You cannot apply for the study permit through an office in Canada.

Hopefully you are not studying at this time. FYI - studies of six months or less do not require a study permit - however this refers to the ENTIRE duration of the studies, not just the remaining studies. Long story short, you absolutely need a study permit.

Hi scylla,

I have some other questions in regards to the visa application process, if you don't mind.

Say, if I have all the required documents ready for application made outside of Canada, and I authorize a family member to handle the process for me, will it be possible for me to apply without having to leave Canada? (Thankfully, the office in my hometown does not require bio-metric data of me, due to my citizenship.)

If so, on the info. of residency, shall I write down my current address in Canada?

Additionally, does the location of the medical exam done by Panel Physicians matter? (I'm thinking about getting done in Canada.)

Overall, would you recommend this approach?

Thanks in advance!

 

[Taxed]

Hi scylla,

I have some other questions in regards to the visa application process, if you don't mind.

Say, if I have all the required documents ready for application made outside of Canada, and I authorize a family member to handle the process for me, will it be possible for me to apply without having to leave Canada? (Thankfully, the office in my hometown does not require bio-metric data of me, due to my citizenship.)

If so, on the info. of residency, shall I write down my current address in Canada?

Additionally, does the location of the medical exam done by Panel Physicians matter? (I'm thinking about getting done in Canada.)

Overall, would you recommend this approach?

Thanks in advance!

If i remember this information correctly, you can apply at the Los Angeles/New york Canadian consulate for a study permit even if you are not an American citizen.
Someone else can make sure what I'm saying is right or worng since I'm not 100% sure.

 

[scylla]

If i remember this information correctly, you can apply at the Los Angeles/New york Canadian consulate for a study permit even if you are not an American citizen.
Someone else can make sure what I'm saying is right or worng since I'm not 100% sure.

Yes - that's right.

Medical can be done anywhere provided it's done by a panel physician.

 

[KingsleyPPAP]

Hi Taxed and Scylla,

Thanks, good to know!

The main question is that would I staying in Canada as a visitor while having someone authorized to go through the process in the Canadian consulate located in my hometown (Hong Kong) be a sound option, or, even a proper option which is line with regulations, regarding residency - applying at a Visa Office overseas while living in Canada, and among other things?

 

[KingsleyPPAP]

Hi Taxed and Scylla,

I was confused by your mentioning of the LA consulate, but, after some further digging, I now understand I can do this online, thanks! My mind was caught up with the first time I did my permit and it played tricks on me.

Forgive me for sound like a broken record, as I'm relatively new to this world of immigration regulations. Is applying through the an overseas consulate while living in Canada properly in line with regulations?

And, shall I answer yes or no to the question that asks have my applications been rejected? (Legal wording is confusing)

Furthermore, at the ebd if all is successful, will they mail a permit or the letter for permit to me, or do I have to fly to LA to get the letter for permit then fly back to get a permit at the airport?

 

[Mjkab]

1) Yes - your status in Canada is that of a visitor.
2) You need to apply for the study permit through a visa office outside of Canada. You cannot apply for the study permit through an office in Canada.

Hopefully you are not studying at this time. FYI - studies of six months or less do not require a study permit - however this refers to the ENTIRE duration of the studies, not just the remaining studies. Long story short, you absolutely need a study permit.

Hi Scylla,

Please help me in my critical situation!

CURRENT SITUATION:
My current status is PGWP expiring on 15/August/2017. My CSQ QSW application is under processing since Jan/2016 and recently I submitted EE profile is now on the pool with CRS 410( some more points 20 will be added with wife's ECA probably by the end of this month).

NOW:
I am planning to submit my study permit application( studying same level AEC diploma that I had done previous time in Montreal) again to extend my stay.

My question:
1.Is there any chance of get refuse as I am now on PGWP!!
2. Is there any chance of get refuse as I am studying same level diploma?
3. Is there any chance of get refuse as I am applying study permit inside Canada?
4. Should I apply for visitor visa instead of study permit at the border?
5. Should I move to Ontario and apply for study permit there where I am planning to stay if I am accepted on EE?

Prompt help will be much appreciated!