Need Urgent advice Please

[rami3332]

You mean 2020? or you were only given 25 days permit?

Expired on July 25 2020.
since then i’m on implied status .
Will thus affect my future ITA, if I get it.. i’m inclined to leave and husband stays on visitors to see what happens.. very stressed !!

 

[Humpholito24]

Expired on July 25 2020.
since then i’m on implied status .
Will thus affect my future ITA, if I get it.. i’m inclined to leave and husband stays on visitors to see what happens.. very stressed !!

But now you are out of status.

If it will affect your ITA, that I can't answer. Only VO knows.

 

[Navneet2000]

Redetermination isn't a term that's used. What does your lawyer mean by that? Restoration? Reconsideration? What exactly does your lawyer say will happen under "Redetermination"?

You can reapply for a study permit on your own. You don't need a lawyer.

You need a lawyer if you want to appeal.

When did your original study permit expire?

the lawyer wrote the following:


Option 1: Request for redetermination (not likely to succeed)

Option 2: Federal Court Judicial Review (must be filed in the Federal Court no later than March 24, 2021)

Option 3: Reapply for student visa, work permit and reinstate status + 2 TRPs

The original work permit expires on July 25, 2020, since then im implied status. Can I apply for the student while being in Canada ??
Or i should choose redetermination with the hope I receive ITA any time soon? what does mean to leave Canada Immediately ? can I wait till order my notes to see the reason for refusal?

 

[Dmora12]

the lawyer wrote the following:


Option 1: Request for redetermination (not likely to succeed)

Option 2: Federal Court Judicial Review (must be filed in the Federal Court no later than March 24, 2021)

Option 3: Reapply for student visa, work permit and reinstate status + 2 TRPs

The original work permit expires on July 25, 2020, since then im implied status. Can I apply for the student while being in Canada ??
Or i should choose redetermination with the hope I receive ITA any time soon? what does mean to leave Canada Immediately ? can I wait till order my notes to see the reason for refusal?

I think you should be asking all this questions to your lawyer, I don't think anybody here would have more experience on this kind of cases than a lawyer. But what I know, the las draws for EE or to get a ITA. It has been more than 450 points, and from your first comment you are low on that. Also, nobody knows if your actual situation would affect on that path.

EDIT: I wanted to add that I had a similar situation to yours a couple years ago, I got rejected for a study permit extension in Canada. My lawyer recommended me to leave Canada to my country (she said it was good to show that I follow a government order for futures applications), later I was lucky to be able to apply for a work permit LMIA based and got approved with no issues. That's why I suggest to leave Canada and try to reapply from your country.

 

[Laguna55]

As someone mentioned above, your score for EE is very low, your application will be unsuccessful. If IRCC is stating you have illegal status in Canada, then you must exit the country to avoid issues for future applications.

 

[wonderbly]

the lawyer wrote the following:


Option 1: Request for redetermination (not likely to succeed)

Option 2: Federal Court Judicial Review (must be filed in the Federal Court no later than March 24, 2021)

Option 3: Reapply for student visa, work permit and reinstate status + 2 TRPs

The original work permit expires on July 25, 2020, since then im implied status. Can I apply for the student while being in Canada ??
Or i should choose redetermination with the hope I receive ITA any time soon? what does mean to leave Canada Immediately ? can I wait till order my notes to see the reason for refusal?

Since you voluntarily left school, your SP likely became invalid soon after, although it hadn't expired. This means you were already out of status long before your SP expired. Therefore, you were not in implied status post expiry.

Also if you and your partner have been working since your SP became invalid, you likely were doing so illegally.

Get a new (better) lawyer. Your chances at redeeming this without leaving Canada is very low from my POV.

Good luck.

 

[Humpholito24]

the lawyer wrote the following:


Option 1: Request for redetermination (not likely to succeed)

Option 2: Federal Court Judicial Review (must be filed in the Federal Court no later than March 24, 2021)

Option 3: Reapply for student visa, work permit and reinstate status + 2 TRPs

The original work permit expires on July 25, 2020, since then im implied status. Can I apply for the student while being in Canada ??
Or i should choose redetermination with the hope I receive ITA any time soon? what does mean to leave Canada Immediately ? can I wait till order my notes to see the reason for refusal?

The best way is to leave and reapply from your country. You can't apply for a study permit since you have no status here. And again, you were not on implied status since your permit became invalid when you left the school voluntarily. It will create more complicated issues in your future applications. If you wait for your note, you will be accumulating more illegal status in Canada.