Asked in Immigration Law and International Law

Q: Should I apply for a restoration status

completed my first program and my study permit expired on September 2023 so I extended it to sept 2024 for second program before it expired. The program is starting in January but I want to cancel my course and apply for work permit .only 15 days left to apply for the pgwp of 90 days . Do I need to apply for restoration status and can I work during this time

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, if you want to cancel your course and apply for a work permit, you should be aware of certain important considerations. First, regarding your study permit, if you are no longer enrolled in your program, the conditions of your study permit may no longer be met. This could impact your status in the country.

Given that your study permit has already been extended, and you're within the 90-day period to apply for a Post-Graduation Work Permit (PGWP), it's crucial to act promptly. The 90-day period is calculated from when your final marks are issued or when you receive a formal written notification of program completion, whichever comes first. If you cancel your course now, this could affect your eligibility for the PGWP.

If you find yourself out of status (for example, if your study permit conditions are no longer being met), you may need to apply for restoration of status. During the period while your restoration application is being processed, you are not legally allowed to work in the country.

It's advisable to consult with an immigration expert or a legal advisor to fully understand the implications of your decisions and to guide you through the process. They can provide specific advice tailored to your situation and help ensure that you maintain legal status in the country. Remember, immigration policies can be complex and vary based on individual circumstances.

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