Applying for a study permit after an overstay.

[KatiePeters]

Hi everyone!

I've read all I could find online on getting a visa to Canada after an overstay and there's a lot of conflicting information out there and it seems like most of it are just speculations. I ask anyone who had a personal experience with this or knows some real life stories about overstay and visa approvals/refusals to comment in here.

My story in short:

I studied in Canada for a few years and had several study permits and was compliant with each of them (never overstayed before). I had only 2 semesters left until the completion of my degree when my new study permit was denied (my fault - I didn't submit one of the documents). Then, I overstayed for 11 months and the reason for overstay was that at the time I'd be in danger if I returned to my country (I can back that up with the documents). Now I have been back in my country for 7 months and I am working here and planning on applying for a new study permit to finish my studies.

So my question is: considering my previous history in Canada (that I didn't break any rules before) and that I can explain my overstay and show strong ties to my country how likely is it that my study permit will be approved? (Also, I didn't study pr work illegaly when my study permit expired). Have you heard of any similar cases and are most of the applications of "overstayers" denied or can they be approved?

Thank you

 

[PMM]

Hi

Hi everyone!

I've read all I could find online on getting a visa to Canada after an overstay and there's a lot of conflicting information out there and it seems like most of it are just speculations. I ask anyone who had a personal experience with this or knows some real life stories about overstay and visa approvals/refusals to comment in here.

My story in short:

I studied in Canada for a few years and had several study permits and was compliant with each of them (never overstayed before). I had only 2 semesters left until the completion of my degree when my new study permit was denied (my fault - I didn't submit one of the documents). Then, I overstayed for 11 months and the reason for overstay was that at the time I'd be in danger if I returned to my country (I can back that up with the documents). Now I have been back in my country for 7 months and I am working here and planning on applying for a new study permit to finish my studies.

So my question is: considering my previous history in Canada (that I didn't break any rules before) and that I can explain my overstay and show strong ties to my country how likely is it that my study permit will be approved? (Also, I didn't study pr work illegaly when my study permit expired). Have you heard of any similar cases and are most of the applications of "overstayers" denied or can they be approved?

Thank you

1, Your 11 month overstay is probably going to be a deal breaker, IRCC will probably think that you won't leave at the end of your study permit.

 

[KatiePeters]

Thank you for your reply @PMM.

I forgot to mention that I now travel a lot for work (in these 7 months I've been in Europe, Asia, USA and UK). I am also paid very well so it wouldn't make sense for me tp overstay since I wouldn't be able to find any work legally and if I decide to overstay I'd be working for a very low wage and won't be able to travel at all.

Might that tip the scales in my favor? Because they will be sure that I have no intention of overtsying now and just want to get my diploma.

 

[KatiePeters]

Also, I was given an advice to provide an affidavit saying that I will not overstay this visa. Is this a good idea? Would it help my case?

 

[scylla]

I wouldn't bother with the affidavit. Anyone can get one and make any promises they want to without there being any way to enforce those promises - so these letters are pretty meaningless.

I'm not sure the job will be viewed as that strong tie given you've only been in it for 7 months. If you had been working for this employer for a few years since your overstay and this employer was now giving you a leave of absence to complete additional education and then return to your job - that might hold some weight. But if anything, it may seem strange to CIC that you are wanting to leave such a well paying job to return to Canada.

I think your chances of being approved are very slim. At this point you've been outside of Canada for a shorter period of time than your overstay. But by all means give it a try if it's a priority for you. Make sure you are 100% honest about your immigration history in the application.

I think it would be a better idea to complete your education outside of Canada and forget about returning to Canada for several years.

Good luck.

 

[KatiePeters]

I wouldn't bother with the affidavit. Anyone can get one and make any promises they want to without there being any way to enforce those promises - so these letters are pretty meaningless.

I'm not sure the job will be viewed as that strong tie given you've only been in it for 7 months. If you had been working for this employer for a few years since your overstay and this employer was now giving you a leave of absence to complete additional education and then return to your job - that might hold some weight. But if anything, it may seem strange to CIC that you are wanting to leave such a well paying job to return to Canada.

I think your chances of being approved are very slim. At this point you've been outside of Canada for a shorter period of time than your overstay. But by all means give it a try if it's a priority for you. Make sure you are 100% honest about your immigration history in the application.

I think it would be a better idea to complete your education outside of Canada and forget about returning to Canada for several years.

Good luck.

Thank you for your reply Scylla.

If I apply for a study permit and get rejected can I then apply for a PR? What I mean is would an overstay affect my PR application? (I have a one year certificate (post secondary ed.); the one that's unfinished is a four year degree, so if I manage to get LMIA I'd have a good chance of being approved).

Also, do you know of any cases where people applied after an overstay and were granted visas? If you say the chances are slim maybe I should focus on applying for PR since it's my end goal anyway?

 

[KatiePeters]

And does anyone know/used the services of Bellissimo Law Group?

They take a lot of cases where people overstayed or are medically/criminally inadmissible and had several prior refusals and their success/approval rate is very high! Sounds like it's too good to be true

 

[goalkb]

I wouldn't bother with the affidavit. Anyone can get one and make any promises they want to without there being any way to enforce those promises - so these letters are pretty meaningless.

I'm not sure the job will be viewed as that strong tie given you've only been in it for 7 months. If you had been working for this employer for a few years since your overstay and this employer was now giving you a leave of absence to complete additional education and then return to your job - that might hold some weight. But if anything, it may seem strange to CIC that you are wanting to leave such a well paying job to return to Canada.

I think your chances of being approved are very slim. At this point you've been outside of Canada for a shorter period of time than your overstay. But by all means give it a try if it's a priority for you. Make sure you are 100% honest about your immigration history in the application.

I think it would be a better idea to complete your education outside of Canada and forget about returning to Canada for several years.

Good luck.

hi,

I have a case where the review was done and the VO has concern on my employment letter obtained from abroad with letterhead having abroad address.

so I got new letter from Canada office and added to my file. both the letter looks same. Except the end date is 15 days less in the new letter. (The fact is I departed from Canada during this 15 days - it is planned vacation turned out to be an exit from Canada). I thought need to include this pay period in my Work Experience, because it took a week for me report to my base location. (It is my mistake because I though I need to put the pay period rather my physical presence in Canada)

In the email intimated that I left Canada on June 2nd which is actual departed date. But in work experience letter it is stated end date as 15th June 2013(old employment letter it just simply mention end date as June 2013, but in new letter it is mentioned as 31 May 2013) . this does not affect my eligibility though it comes under my qualifying period. (Even in review comment by VO this date is reflected Sad )

I did not updated the form - as it might cause confusion.

Will this be a misrepresentation on any form? or can I send an update schedule work experience? or it is just treated as a minor mistake.

Please help!!!

 

[scylla]

Thank you for your reply Scylla.

If I apply for a study permit and get rejected can I then apply for a PR? What I mean is would an overstay affect my PR application? (I have a one year certificate (post secondary ed.); the one that's unfinished is a four year degree, so if I manage to get LMIA I'd have a good chance of being approved).

Also, do you know of any cases where people applied after an overstay and were granted visas? If you say the chances are slim maybe I should focus on applying for PR since it's my end goal anyway?

Yes - you can apply for PR if the study permit is rejected. And yes - I would focus on PR. Your overstay will be completely forgiven as part of the PR process (as long as you are 100% honest about your immigration history in your application). If you are able to obtain an approved LMIA - then you will certainly be selected under FSW/Express Entry. Note that your unfinished degree will unfortunately get you zero points. However you won't need these points if you have an LMIA.

 

[KatiePeters]

Yes - you can apply for PR if the study permit is rejected. And yes - I would focus on PR. Your overstay will be completely forgiven as part of the PR process (as long as you are 100% honest about your immigration history in your application). If you are able to obtain an approved LMIA - then you will certainly be selected under FSW/Express Entry. Note that your unfinished degree will unfortunately get you zero points. However you won't need these points if you have an LMIA.

Thank you for your help! I will apply for the study permit anyway just in case it's approved but will focus on obtaining LMIA and applying for PR. And, of course I am going to be honest in my application.

Thanks again

 

[Brian_lucas]

Thank you for your help! I will apply for the study permit anyway just in case it's approved but will focus on obtaining LMIA and applying for PR. And, of course I am going to be honest in my application.

Thanks again

Did you get your student visa?

 

[Toufique]

I went to canada in 2017 may with my study permit but i could not finish my study and my study permit finished in 2018 august after that i came back to my country in February 2019. In addition to i was not deported either now can i apply to canada again or any other countries and is there any serious issue? Please give me feedback asap

 

[canuck78]

I went to canada in 2017 may with my study permit but i could not finish my study and my study permit finished in 2018 august after that i came back to my country in February 2019. In addition to i was not deported either now can i apply to canada again or any other countries and is there any serious issue? Please give me feedback asap

Yes overstaying can create issues in the approval.