What are the consequences of CBSA's decision?

[PeterA]

Please comment on this case.

My friend is an International Student at a College in Ontario. He has a TRV multiple entries until 2014. His studying permit expired and he did not revew it. Some how he though he did not need to renew it until his TRV visa expire. More than 60 days has passed since his Study Permit expired.

Someone told him that he better find out about his situation because did not have a study permit and advise him to go to the border to clarify his situation. He went to CIC at the border and he was totally honest with the CBSA officer. The CBSA officer issued a 'visitor record' and a conditional note that he has to leave in the next 7 days.

The questions is how this decision would affect his possibilities to apply for a study permit and come back to Canada to continue his study?

Is it any time frame that he has to wait as a penalty before he apply again?

I appreciate any comments

Thanks!

 

[NBaker]

Your friend is very fortunate given the circumstances. If the friend was still attending school after the visa expired a report could have been written resulting in an exclusion order and enforcement action.

Provided the individual departs as indicated within the next seven days no enforcement action would be involved. This means that a new application for a study permit could be made immediately. On the application explanation would have to be given about the error made and there will of course be a record of the visitor visa having been issued and why, but if the friend continues to be truthful and otherwise meets all requirements for a new student visa and visitor visa they could be issued.

The friend should be sure to hand in the visitor visa to the CBSA at the port of exit to confirm the departure and show that direction has been followed. Failure to depart at this point may certainly trigger a warrant for arrest and enforcement action.

 

[PeterA]

Thanks Nbaker.

My friend left the country already. He complied with everything CBSA asked him to do.