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I’m an international student in Canada. I’m from Europe and…

Customer Question
Hi. I’m an international student in...
Hi.
I’m an international student in Canada. I’m from Europe and got a study permit.
My current study permit have expired as the passport I applied with was only valid for another 9months at the time. I had to arrange to renew my passport through the embassy and was deciding about my further studies. (My acceptance letter is for a 4 year’s degree)
I have now overstayed the extra 90 days but only with a few days.
Can I apply for a new study permit while I’m still in the country or could I travel to the USA and return as a visitor, and then apply for a new study permit while in Canada again?
I can visit Canada through the visa waiver program
Thanks
Submitted: 8 months ago.Category: Canada Law
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
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Customer reply replied 8 months ago
I would like a written response, thanks
Answered in 26 minutes by:
12/18/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,088
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

It is not likely the case that you will be permitted to apply from within Canada.

You may be able to apply and leave the country and get your study permit upon re-entering.

Had you applied in time you would not have this concern unfortunately.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
How about going over the border to USA and come back to Canada as a visitor?
I can visit without a physical visa, via the visa waiver program.
If I’ve been in Canada as an international student I shall be able to return shortly after as a visitor for up to 6 months?
Lawyer: Debra, Lawyer replied 8 months ago

Yes but that doesn't give you the right to apply for a study permit from within Canada.

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Lawyer: Debra, Lawyer replied 8 months ago

I am not sure what happened. You opted me out and then removed the opt out. Please explain what the concern is if you have one.

Also please know I don't make the laws of course but just explain them so I hope you are not blaming me.

Thanks

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Customer reply replied 8 months ago
Because I might like to get an answer from more than one person.
Of course I wouldn’t think your making the laws, I’m intelligent.I have a question:
If I go to the USA for a day, apply for a new study permit, could I then come back to Canada as a visitor while I’m waiting for an answer on my study permit application?
I know I probably have to re enter Canada once my study permit is approved to have it issued.
I need to find a solution to this
Lawyer: Debra, Lawyer replied 8 months ago

You have a subscription so after you rate me post a new post for a second opinion. If you don't rate me first no one else will answer you.

In most cases you have to return home to apply but you can try. Study permits are a bit different in terms of how they are treated because Canada benefits from your studying here.

You will likely have to re-enter a second time.

But the surest way is to go home for the holidays and then apply and come back in January.

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