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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  23 years in practice
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My study permit expired on July 31 this year. I was late applying

Customer Question

My study permit expired on July 31 this year. I was late applying for extending the study permit so I applied for restoration of the temporary status instead. I recently received the refusal letter from cic and it asked me the leave Canada right away for the following reason stated in the letter:
"Immigration Legislation requires that every foreign national in Canada must hold a valid passport, identity or travel document. As a foreign national in Canada, you have not produced evidence that you are in possession of such a document and that it is valid for the duration of your stay in Canada.”
This is not true because I did upload my valid passport page when submitting the on-line application. My passport is valid till 2021. So I couldn't understand why this has to be the reason they rejected me.
I am still in school and taking classes for this semestar and just about to hit the final exams. And I got expelled as the letter says. That means I have to leave my school behind and not only will I waste all my tuition, but I will get automatic fail because I have passed the final course withdrawal deadline if I do that. So I re-applied anyway even it has already passed 90 days since my prior study permit expired. But this time with the paper application and I enclosed valid passport copies that they dismissed me for, as well as an appealing letter.
I get that it was my fault late applying for the visa after it expired but I paid $200 penalty and followed the restoration procedure. Does anybody know how likely they will approve me the study permit this time given my above situation. Or could they somehow issue me a temporary residence permit based on the fact that it is my last term before the my diploma graduation? Right now I am out of status and I am really worried about this period of illegally staying will cause me difficulties of future entry to Canada since I still need to come back to pursue the degree. What would happen if they turn me down this time, will I still get a chance to hire a lawyer to act on my behalf or I have to leave right away. What else should I do really. I am going back home as soon as I am done this term and re-apply the study permit from my own country regardless that I wrote an appealing letter here to the CIC. But based on the fact that I have been rejected once and stay here without legal status even since, what should I expect from the decision they will make. I hope somebody that can help and give me some ideas about what could happen. Many many thanks.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Wendy-Mod replied 10 months ago.
Hello,

I'm Wendy, and I’m a moderator for this topic. We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, to Home Improvement, and more.

Thank you,
Wendy
Customer: replied 10 months ago.
Hi, Wendy, I haven't got a answer yet and I need a lawyer who is familiar with immigration law to answer my question. Thank you.
Expert:  Wendy-Mod replied 10 months ago.
Thank you, we will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Tom B. replied 10 months ago.

Hello.

 

I am sorry for the delay. It may be caused because your issues are not easy. We give general advice here and do not get into the merits of any legal case.

 

It seems as though you have received advice that you must leave the country and apply again. You have also been advised that you may appeal.

 

You MUST get your own lawyer on this matter. I cannot provide any better advice than what you already know. I have no magic wand. You will have to leave or appeal with a lawyer.

 

I can assist with the latter if you so desire but the true answer to your question is that you need to have personal counsel properly instructed by yourself. Online lawyers cannot assist.

 

Please let me know if you want me to further advise you.

 

My Best,

 

Tom

 

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