URGENT: FEDERAL COURT REJECTED APPEAL! Please help!

[thatblingring]

Hello there guys,

So this is just a LITTLE bit of a read, but please don't click away.

I'm even willing to pay just for information but even lawyers have turned me away...

So in 2012 I went to Canada as an international student, and long story short my visa/permit was to expire in October 2015. I couldn't renew it because I wasn't enrolled. And I wasn't enrolled because I couldn't afford the fees at the time.

So what happened after my visa expired in October 2015? I waited the 90 days grace period to see if I could change anything (raise fees and enroll and renew permit) but it didn't happen.

I then left Canada in May or June 2016 now after overstaying my visa for about maybe 7 or 8 months unfortunately.

When I returned to Dubai (where my family is based, I have a Nigerian passport) in MAY/JUNE 2016, I started an online E-commerce business and it became successful quickly and I raised alot of money fairly quickly.

I immediately got immigration lawyers and applied back to school in Canada. I provided the lawyers with all the business documents and all the money I now had and they sent it all to immigration with my application.

The application was DENIED. We appealed and it got DENIED again, now with immigration saying my documents weren't AUTHENTIC.

We took it to the Federal court where it got DENIED AGAIN!!

This was back in December 2017. It's been 2 years now and I'm planning to return to Canada.

So I need your help with information. On my application now it's on my record that I overstayed and I have provided documents that weren't authentic even though they're my documents for my business that I have running until today!

I have to travel back to Canada and I don't know how I'll get in. The last consultation I had, the lawyer said no it was too complicated with a low chance of success and even refunded my consultation money.

I need your help, anyone's help. What's the best way I can travel back? I don't even want to go as a student. Investments, skilled workers, anything. Please help me. With what you now know about my record, what's my best chance and my best route?

 

[PMM]

HI

Hello there guys,

So this is just a LITTLE bit of a read, but please don't click away.

I'm even willing to pay just for information but even lawyers have turned me away...

So in 2012 I went to Canada as an international student, and long story short my visa/permit was to expire in October 2015. I couldn't renew it because I wasn't enrolled. And I wasn't enrolled because I couldn't afford the fees at the time.

So what happened after my visa expired in October 2015? I waited the 90 days grace period to see if I could change anything (raise fees and enroll and renew permit) but it didn't happen.

I then left Canada in May or June 2016 now after overstaying my visa for about maybe 7 or 8 months unfortunately.

When I returned to Dubai (where my family is based, I have a Nigerian passport) in MAY/JUNE 2016, I started an online E-commerce business and it became successful quickly and I raised alot of money fairly quickly.

I immediately got immigration lawyers and applied back to school in Canada. I provided the lawyers with all the business documents and all the money I now had and they sent it all to immigration with my application.

The application was DENIED. We appealed and it got DENIED again, now with immigration saying my documents weren't AUTHENTIC.

We took it to the Federal court where it got DENIED AGAIN!!

This was back in December 2017. It's been 2 years now and I'm planning to return to Canada.

So I need your help with information. On my application now it's on my record that I overstayed and I have provided documents that weren't authentic even though they're my documents for my business that I have running until today!

I have to travel back to Canada and I don't know how I'll get in. The last consultation I had, the lawyer said no it was too complicated with a low chance of success and even refunded my consultation money.

I need your help, anyone's help. What's the best way I can travel back? I don't even want to go as a student. Investments, skilled workers, anything. Please help me. With what you now know about my record, what's my best chance and my best route?

1. Sorry to say, but with an, overstay, refusal, false documents, loss at Federal Court level, it is extremely unlikely that you will be issued any temporary visa to Canada.

 

[thatblingring]

HI



1. Sorry to say, but with an, overstay, refusal, false documents, loss at Federal Court level, it is extremely unlikely that you will be issued any temporary visa to Canada.

The issue is my documents were never false. They are my business docs on the same business and company I'm running until today!

They just didn't bother to go through them or call me in for an interview or anything. They just CHOSE to call them inauthentic.

And at the Federal court stage, they just chose not to take the case at all. My case was rejected is what I mean.

Are you saying it's now therefore not possible through any avenue for me to return to Canada?

 

[scylla]

The issue is my documents were never false. They are my business docs on the same business and company I'm running until today!

They just didn't bother to go through them or call me in for an interview or anything. They just CHOSE to call them inauthentic.

And at the Federal court stage, they just chose not to take the case at all. My case was rejected is what I mean.

Are you saying it's now therefore not possible through any avenue for me to return to Canada?

There is a possibility for you to return to Canada - however not through any temporary visa. This means that a visitor visa, work permit or study permit will not be approved due to your past history in Canada.

If you want to return to Canada, you will need to qualify and apply through an economic immigration progam like Express Entry. You'll have to make sure you also declare your full past history in Canada in the application (including the overstay). Applying to immigrate to Canada is your only hope for returning.

 

[Buletruck]

Just to clarify, apart from being refused, were you issued a 5 year ban as well?

 

[k.h.p.]

You know your study permit was invalid from when you stopped attending class, not from ninety days past its printed expiry?

If the Federal Court refused your appeal, the only place higher is the Supreme Court of Canada, and you are unlikely to get leave to appeal there, especially if lawyers are turning you away.

 

[k.h.p.]

When you applied for a study permit in 2017 for your "brother" was it actually for you? https://www.canadavisa.com/canada-immigration-discussion-board/threads/study-permit-application-rejected-help-me-please.509996/

 

[thatblingring]

Just to clarify, apart from being refused, were you issued a 5 year ban as well?

No I wasn't given any ban, my application was just denied

 

[thatblingring]

You know your study permit was invalid from when you stopped attending class, not from ninety days past its printed expiry?

If the Federal Court refused your appeal, the only place higher is the Supreme Court of Canada, and you are unlikely to get leave to appeal there, especially if lawyers are turning you away.

It's allowed to take a semester off or two. I fully applied for that from the college and it was approved.

To be honest I don't see why lawyers aren't taking the case, it doesn't seem that complicated. The ONLY thing I did wrong was overstay my visa. The documents and everything else are all verifiable, if they will actually take time to speak with me or bring me in for an interview.

 

[thatblingring]

When you applied for a study permit in 2017 for your "brother" was it actually for you? https://www.canadavisa.com/canada-immigration-discussion-board/threads/study-permit-application-rejected-help-me-please.509996/

I have 2 brothers, one is in Canada currently and the other lives in Dubai.

My issue now is just myself planning to return to Canada

 

[thatblingring]

There is a possibility for you to return to Canada - however not through any temporary visa. This means that a visitor visa, work permit or study permit will not be approved due to your past history in Canada.

If you want to return to Canada, you will need to qualify and apply through an economic immigration progam like Express Entry. You'll have to make sure you also declare your full past history in Canada in the application (including the overstay). Applying to immigrate to Canada is your only hope for returning.

But what difference will that make? Why would they consider me for a full on immigration if they will not even consider giving me a temporary visa?

 

[thatblingring]

I would like to ask anyone and everyone please, I know it's not a normal case that alot have experienced if any at all. But are there any firms that anyone can recommend, any specific lawyers who would be able to handle something like this?

And the best route to take from here? As scylla has mentioned I can try going through Express Entry for immigrants, but other than that (which I will 100% look into), are there any other paths I can take? And if someone has any similar experience that made their way back, please share what you did and how.

I would sincerely appreciate any and all help. I've worked so long and hard on this.

 

[Buletruck]

The fact the federal court has refused your appeal means the validity of your documents is questionable to them as well as IRCC and they feel IRCC has made a correct determination. You’ve exhausted the options available to you, hence the reason lawyers are reluctant to accept your case.
While you may feel the overstay is insignificant, you have violated Canadian law and the trust expected of a foreign national to respect those laws. You’ve shown that isn’t the case and as such there is no incentive to permit your entry again. You’ve made your choices and these are the consequences.

 

[scylla]

But what difference will that make? Why would they consider me for a full on immigration if they will not even consider giving me a temporary visa?

There's a big difference.

A temporary visa is for individuals who only want to come to Canada temporarily. This requires you to demonstrate that you have strong ties to your home country and have no plans on remaining in Canada long term. Given your history in Canada and the fact you are living in a country where you do not have permanent residency, it will be extremely difficult for you to prove this.

For immigration, there is no need to prove all of this. Provided you are 100% honest about your immigration history - you will have no issues being approved. Of course you also need to meet the requirements to apply to immigrate and be selected.

 

[scylla]

I would like to ask anyone and everyone please, I know it's not a normal case that alot have experienced if any at all. But are there any firms that anyone can recommend, any specific lawyers who would be able to handle something like this?

And the best route to take from here? As scylla has mentioned I can try going through Express Entry for immigrants, but other than that (which I will 100% look into), are there any other paths I can take? And if someone has any similar experience that made their way back, please share what you did and how.

I would sincerely appreciate any and all help. I've worked so long and hard on this.

Your second question has already been answered. You need to focus on immigration programs. A temporary visa will not be approved.