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Waiting for judicial review while having a study permit

mmtnl.01

Newbie
Sep 20, 2019
3
0
I got rejected, I'm waiting for a decision of federal court. However, I applied for a studypermit 2 months ago to continue my study in college and I got approved. Now I have my study permit with validity till 2020, but I'm still waiting for judical review, if I get rejected again, Would I be deported?
Thank you,
 

PMM

VIP Member
Jun 30, 2005
25,494
1,946
Hi

I got rejected, I'm waiting for a decision of federal court. However, I applied for a studypermit 2 months ago to continue my study in college and I got approved. Now I have my study permit with validity till 2020, but I'm still waiting for judical review, if I get rejected again, Would I be deported?
Thank you,
1. Look at your SP, it probably says, :"does not confer status"
2. If you lose in Federal Court, you will be removed, note that you actually can be removed even as you are applying for leave to the Federal Court, if CBSA is going to remove you before, you would have to apply to the Federal Court for a stay of removal.
 
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mmtnl.01

Newbie
Sep 20, 2019
3
0
Hi



1. Look at your SP, it probably says, :"does not confer status"
2. If you lose in Federal Court, you will be removed, note that you actually can be removed even as you are applying for leave to the Federal Court, if CBSA is going to remove you before, you would have to apply to the Federal Court for a stay of removal.

Thank you for your response,

Could I tranfer my status to temporary resident status as a student in order to continue my studying? And if in case I would be deported, could I come back as a temporary resident status?

Regards,
 

canuck78

VIP Member
Jun 18, 2017
52,959
12,760
Thank you for your response,

Could I tranfer my status to temporary resident status as a student in order to continue my studying? And if in case I would be deported, could I come back as a temporary resident status?

Regards,
I would be almost impossible to come back as a temporary resident after being deported. Even if you are able to finish your studies if you lose your case there is no path to PR.
 
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scylla

VIP Member
Jun 8, 2010
92,537
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your response,

Could I tranfer my status to temporary resident status as a student in order to continue my studying? And if in case I would be deported, could I come back as a temporary resident status?

Regards,
No - you cannot transfer your status to temporary resident.

If you are forced to leave Canada, your only realistic option for returning is to qualify and apply for PR through an economic immigration stream like Express Entry.
 
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mmtnl.01

Newbie
Sep 20, 2019
3
0
No - you cannot transfer your status to temporary resident.

If you are forced to leave Canada, your only realistic option for returning is to qualify and apply for PR through an economic immigration stream like Express Entry.

Hello

So If I failed in federal court, I would have to leave Canada while I have study permit and interrupt my studies? Otherwise , My stepfather is Canadian and he is in process of sponsoring my mother, I'm 19 but still dependent on my mother could I follow her and come back to Canada?

Sorry for too many questions,
Thank you,
 

scylla

VIP Member
Jun 8, 2010
92,537
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello

So If I failed in federal court, I would have to leave Canada while I have study permit and interrupt my studies? Otherwise , My stepfather is Canadian and he is in process of sponsoring my mother, I'm 19 but still dependent on my mother could I follow her and come back to Canada?

Sorry for too many questions,
Thank you,
Yes - you would have to leave.

Your mother needs to include you in her sponsorship application. Have you been included as a dependent in her application? She needs to do this in order for you to benefit. You'll need to complete a medica and provde PCCs as part of her application process.
 

luckyrefugee

Hero Member
Mar 5, 2019
824
354
Category........
Other
Visa Office......
CPC missisuaga
App. Filed.......
10-12-2019
AOR Received.
26-11-2020
Med's Request
19-04-2021
Med's Done....
19-04-2021
LANDED..........
21-04-2021
I
Thank you for your response,

Could I tranfer my status to temporary resident status as a student in order to continue my studying? And if in case I would be deported, could I come back as a temporary resident status?

Regards,
think if you apply H & C on basis of your studying there are more chances they will accept your application .
 

vensak

VIP Member
Jul 14, 2016
3,868
1,016
123
Category........
Visa Office......
Vienna
NOC Code......
1225
Job Offer........
Pre-Assessed..
1. did your mother already applied to be sponsored?
2. Did she add you as a depandant (and not just a close family)?
3. Are you currently married or do you live in a common law relationship?

All that can have influence on the outcome.