I wanted to share a recent response to an inquiry I was provided CIC and why I think it creates unreasonableness – call it reasonableness in the unreasonableness.
Here is the scenario. For whatever reason, your client’s Application for a Post-Graduate Work Permit is refused or never submitted. The client’s study permit has also expired. The 90-day after meeting graduation requirement period in which to apply for a Post-Graduate Work Permit has also lapsed. Restoration is the only option. The restoration date is calculated either 90 days from the expiry of your status (in the event an extension/work permit application was never submitted) or 90 days after you receive a refusal of your application (in the event an extension/work permit application was submitted).
Let us also assume that it is now September. Fall program registration has ended. The program you are interested in starts in the New Year.
My question was below:
Question:
I have a general question about restoration of student permits for studies to begin at a later date.
Individuals who have their post-graduate work permit (PGWP) applications refused and are no longer eligible for a PGWP due to expired study permits and passage of time have the option to restore their status (in-Canada) as a student on the basis of a student permit extension, which itself is based on a new offer of acceptance.
However if the offer of acceptance is for studies to begin at a later date (i.e. a later semester) is it possible to have a student stay in Canada on a study permit, on deferred enrollment, while not actively pursuing studies for that period of time?
I was unable to find the answer to this on CIC’s available material on study permits and the new study permit rules.
Response:
The determination of whether or not a study permit can be issued for individuals who have applied for a restoration of status with a letter of acceptance for a program expected to commence on a date in the future (e.g. a later semester), rests with the officer assessing the application. It may be determined that a study permit can be issued based on the date the program is expected to commence, or the study permit may be denied because the period of time before the program commences is not considered reasonable. If the study permit is denied the individual must leave Canada and can apply for a study permit at a later date.
The students who have lost their status may also apply for a restoration of status as a visitor. If the restoration of status is approved the individual could remain in Canada, however, they will not be authorized to study, and will still be required to apply for a study permit outside of Canada a later date as per R213.
This is the particular section I have trouble with: “It may be determined that a study permit can be issued based on the date the program is expected to commence, or the study permit may be denied because the period of time before the program commences is not considered reasonable.”
With processing times for a restoration of status frankly “up in the air,” how does one time the restoration application? Without legislative guidance, what does “reasonable mean.” For me, reasonable is three months but for the Officer that may be unreasonable.
It will be interesting to see if there are any refusals from the application of this discretion. Would be fun to challenge this in the Federal Court.
