Out of Status in Canada

[Edith I Okoye]

Hi Guys,

Client’s SP expired on 2024-07-31. Before the expiry, he applied for an Extension which got refused on November 7, 2024 with this letter (See below). Is the student not eligible for Restoration 90 days from the day the refusal was sent or is he out of status outrightly as indicated in the letter? The student still has like 2.5 credit course that he has to take (one semester). What is the way forward for this student?

Extract from IRCC refusal letter

This letter refers to your application for a Study Permit Extension.
Based on your application and accompanying documentation that you have provided, I have carefully considered all information and I am not satisfied that you meet the requirements of the Immigration and Refugee Protection Act and Regulations. Your application as requested is therefore refused.
[X] Per subsection 220.1(1) of the Immigration and Refugee Protection Regulations (IRPR), study permit holders in Canada are subject to both of the following conditions:
• They shall enrol at a designated learning institution (DLI) and remain enrolled at a DLI until they complete their studies.
• They shall actively pursue their course or program of study.
Foreign students who are unable to actively pursue their course or program of study and comply with all study permit conditions imposed upon entry must either;
• change their status (that is, change to visitor status or worker status)
• leave Canada

Based on careful review of the information contained in your application and all of the documentation you have provided in support of your application, I have concluded that you do not meet the requirements of the Act and Regulations. As you have not complied with the requirements of subsection 220.1(1) you are a person in Canada without temporary resident status who is not eligible for restoration under Section 182 of the Immigration and Refugee Protection Regulations and are a person in Canada without legal status. As such you are required to leave Canada immediately. If you do not leave Canada voluntarily, enforcement action may be taken against you.

Thank you.

[Al Parsai]

In non-compliance situations, the student is banned from applying for a study permit under R221(a) unless six months have passed since they ended non-compliance.

There are two solutions: (1) Leave Canada and apply after six months (2) Stay and apply for TRP

Both options are risky, though.

[Edith I Okoye]

Thank you Ai Parsai for your response.
If the student chooses option 2 and apply for a TRP, can the TRP be accompanied with the Study permit? Do we use Form imm5709e – Application to change conditions, extend my stay or remain in Canada as a student to make the application and select “Apply for a study permit for the first time or extend my study permit” and “Get a new TRP”?

What are the risks in the application? Client came here in 2016 for his Bachelors, so many waters have passed under the bridge before he contacted me. He is in his final year and needs only 2.50 credits to graduate. The student’s expected graduation date is February 2026. Will his TRP affect his future applications like PGWP >>>> PR >>>> CC?

Thank you.

• This reply was modified 3 days, 18 hours ago by Edith I Okoye.

[Author]

Posts