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Question:
May you please advise what should be the answer in this situation?
Ifa student is dismissed let's say on November 30th, their study permit becomes invalid the same day according to the new
rules,
If the student doesn't apply to change their status to a visitor or a worker before 12 AMUTC time the same day, they are
out of status, and they can apply for restoration within 90 days of losing their status.
So during these 90 days period from Nov 30th, will they be considered as staying illegally in Canada/will this period be
considered as an unauthorized period of stay in Canada?
In case lets say the student applies for restoration on Dec 10th, and the application for restoration is approved on Jan 10th,
will this period until Jan 10th be considered as an unauthorized period of stay and will they have to declare this period in
their future immigration applications as an unauthorized stay?
Or considering that the restoration application was approved, will this period b/w Nov 30-Jan 10th be considered as legally
staying in Canada and they wont have to declare this period in their future immigration applications to IRCC?
Answer:
Ifa student is dismissed and they are no longer enrolled at a DLI with no intent of returning, their study permit will
become invalid due to the breaching of study permit conditions as per R222(1)(a.1). The student should either change their
status to visitor/worker, apply for a new study permit at a new DLI, or leave [requester] the study permit is also expired,
then the 90 days for the restoration of status will apply. The student must apply to restore their status within 90 days of the
study permit's expiration date as well as meet other eligibility criteria listed on the IRCC site.
Thank you kindly,
[requester]
De:
Envoyé: [requester]
A: Immigration Representatives / Représentants immigration (IRCC) <[IRCC Immigration Representatives mailbox]>
Objet: [requester]
Dear officer,
My name is [requester] | am an RCIC-
May you please advise what should be the answer in this situation?
Ifa student is dismissed let's say on November 30th, their study permit becomes invalid the same day according to the new
rules.
If the student doesn't apply to change their status to a visitor or a worker before 12 AMUTC time the same day, they are
out of status, and they can apply for restoration within 90 days of losing their status.
So during these 90 days period from Nov 30th, will they be considered as staying illegally in Canada/will this period be
considered as an unauthorized period of stay in Canada?
ovove7
In case lets say the student applies for restoration on Dec 10th, and the application for restoration is approved on Jan 10th,
will this period until Jan 10th be considered as an unauthorized period of stay and will they have to declare this period in
their future immigration applications as an unauthorized stay?
Or considering that the restoration application was approved, will this period b/w Nov 30-Jan 10th be considered as legally
staying in Canada and they wont have to declare this period in their future immigration applications to IRCC?
Thank you and | look forward to hearing from you
[NAME REDACTED]