Applying Study Visa again after Exclusion oder of 1 year; Which I complied.HELP

[Hyy]

Hi:


I am confused and need experts opinion on my case.

I went to Canada, Jan 2011, on study permit for Masters program at Canadian university and I was on self funding. Somehow I got engage working without work permit it was just my 2nd day at work unfortunately CBSA caught me in March 2011 and at final hearing i was served Exclusion order for one year on June 2011. (I was totally unaware that working illegally cost me to leave Canada; by GOD) I left voluntarily in July 2011 within due course time given by CBSA plus i obtained certificate Of Departure at Toronto airpot.

Moreover, I scored more than 80% in my winter 2011 term. Anyways, I dint apply for ARC (to come back within 1 year penalty time) as some people told me it would take time and chances are not good (I was registered at university at that time).

I dint apply ARC and waited for 1 year term to get over. Meanwhile I was trying to get Fully funded admission (Masters) from some Canadian university. This Feburary 2013 I got full scholarship Masters admission for Fall 2013 (classes will start from September 2013). I was looking for scholarship because some people suggested me that last time you were on self funding and get caught working, so if you apply again on self funding you wont get visa but there are sure chances of getting visa again by applying study permit on Fully funded admission from university.

I applied visa 25 days ago at my home country's Canadian high commission consulate and got rejected by immigration officer on 2 points:

1. Quoted " your history of having contravened the conditions of admission on a previous stay in Canada"
2. Quoted " Purpose of visit "

Now I have 2 months left from starting date of classes at university. i am applying visa again; WHAT ARE MY CHANCES??? And What SHOULD I WRITE to justify these above 2 allegations by Immigration officer ??? Kindly suggest me I want to go

I have scholarship admission this time my case is different they should give me visa. I left voluntarily and exclusion order was for one year and even then I am applying after 2 year they should give me visa.

 

[PMM]

Hi

Hi:


I am confused and need experts opinion on my case.

I went to Canada, Jan 2011, on study permit for Masters program at Canadian university and I was on self funding. Somehow I got engage working without work permit it was just my 2nd day at work unfortunately CBSA caught me in March 2011 and at final hearing i was served Exclusion order for one year on June 2011. (I was totally unaware that working illegally cost me to leave Canada; by GOD) I left voluntarily in July 2011 within due course time given by CBSA plus i obtained certificate Of Departure at Toronto airpot.

Moreover, I scored more than 80% in my winter 2011 term. Anyways, I dint apply for ARC (to come back within 1 year penalty time) as some people told me it would take time and chances are not good (I was registered at university at that time).

I dint apply ARC and waited for 1 year term to get over. Meanwhile I was trying to get Fully funded admission (Masters) from some Canadian university. This Feburary 2013 I got full scholarship Masters admission for Fall 2013 (classes will start from September 2013). I was looking for scholarship because some people suggested me that last time you were on self funding and get caught working, so if you apply again on self funding you wont get visa but there are sure chances of getting visa again by applying study permit on Fully funded admission from university.

I applied visa 25 days ago at my home country's Canadian high commission consulate and got rejected by immigration officer on 2 points:

1. Quoted " your history of having contravened the conditions of admission on a previous stay in Canada"
2. Quoted " Purpose of visit "

Now I have 2 months left from starting date of classes at university. i am applying visa again; WHAT ARE MY CHANCES??? And What SHOULD I WRITE to justify these above 2 allegations by Immigration officer ??? Kindly suggest me I want to go

I have scholarship admission this time my case is different they should give me visa. I left voluntarily and exclusion order was for one year and even then I am applying after 2 year they should give me visa.

Close to nil. You broke the Immigration laws of Canada last time, and CHC thinks that you will do the same this time.

 

[Hyy]

Thanks for information.

But situation is different this time as I am on Full Scholarship plus I submitted the transcript of my last winter semester 2011 result which was 85 % that shows my first intention was to study( which i submitted and will submit again to CHC).

You said Close to Nil.. If it is so why by Canadian Law Exclusion order means of 1 year CIC say anyone can apply and come after one year. Moreover I learned the lesson hard way and complied with punishment of 1 year even Im applying now after 2 years. If they wont give me visa then they should officially list on there CIC website that PERSON HAVING EXCLUSION ORDER CANNOT COME TO CANADA AGAIN...you saying NIL chances then why CIC say after one year it is OK.

Moreover I dint know that engaging in work means I have to leave Canada... I have complies with there punishment and left Canada voluntarily at that time i could have applied asylum/refugee but my ultimate goal is to study that is why i get back to my country so that after one year i will apply again.. Thats unfair they should give visa Otherwise CIC should officialy list it as: PERSON HAVAING EXCLUSION ORDER CAN NOT COME TO CANADA LIFETIME! Moreover If you dont have brilliant academic profile YOU JUST CANT GET FULLY FUNDED SCHOLARSHIP FROM ANY CANADIAN UNIVERSITY.
I did ILETS again and got 7.5 Band overall this tim..last time when I applied visa in 2010 i submitted 6.5 IELTS band score.

Please suggest me while applying visa agai (in a week), what additional document I submitt Or what should I write in justification to those 2 allegations by CHC. Thank You.

 

[SenoritaBella]

It's a tall order to get another visa but you are welcome to try. You may want to seek legal advice from a lawyer familiar with Canadian immigration. I don't think it will make a difference but who knows?

If you have at least 1 year experience and your job is on the list, you can try applying for permanent residence as a skilled worker. It will be harder to get temporary residence status(work/study permits, visitor visa) since you broke the law in the past.

 

[ErickNL]

Claiming ignorance of the law doesn't absolve you from the consequences of your actions. It happened and it'll be on your record. Keep trying and include all the information/reasons you are giving here. The choices you have made in the past definitely made it harder, but stay at it and who knows.

 

[Hyy]

Thanks alot for your replies.

I am explaining all these reasons while applying visa again. I hope they give me visa because I want to do postgraduate studies from Canada. My aim is to do PHD from Canada as they have quality education and institutes. Yes, when i came back I am doing technical job since then; its been 2 years on job. In case they refuse me again I might apply PR under federal skilled worker class but my ultimate goal is to do higher quality studies. That is why If refuse again I would be applying study visa for USA AUS or NZ; for postgraduate studies.


Thanks. And the best would be to get visa so that I can avail Fully funded scholarship and take classes in September 2013. I am software Eng

If there could be any other information which might go beneficial please post here because in 5 days I am submitting my case again to CHC in my home country.

Oh GOD help me to get through.

 

[Boetie]

Claiming ignorance of the law doesn't absolve you from the consequences of your actions. It happened and it'll be on your record. Keep trying and include all the information/reasons you are giving here. The choices you have made in the past definitely made it harder, but stay at it and who knows.

This is so true. You seriously didn`t know you were not allowed to work, even though your visa would have clearly said that. The fact you are obviously literate and intelligent enough to qualify for grad studies makes that really hard to believe so if I were you, I would stop claiming that. It isn`t going to work and the more you say it, the less it will be believed. You might find saying you were wrong and are sorry has more effect that denying.

Stress you don`t need to work because of the scholarship and see what happens.

 

[Hyy]

@ boetie

Thanks, I got your view point. You are right I was aware that working without permit is not allowed; All i was saying means I dint know that it will cost me to leave Canada and Iam saying truth. All i knew, If they caught me they will probably give me warning to not engage again. Actually my apartment mates were working illegally for the last 6 months without getting caught they encourage me to work and said you will not get caught and If in-case you get caught CBSA will just issue a warning no to do it again. They were graduate students too. And that is true it was just my 2nd night at work when CBSA people came and I dint get paid at all not even a cent. I was unlucky all that happened at I get removed anyways that is hitory now. I am trying to make my future better and trying to get visa again.

Thanks for your suggestion that I should accept my mistake openhearted in my justification to immigration officer and say sory on my deeds. Your point make sense to mention that I am on scholarship and I do not need to work again at all this time. I am including this in writing as justification.

You all please pray I get visa this time. Otherwise I regret this for a Lifetime.

 

[Hyy]

Is there anyone who know anybody having Exclusion order and still got visa (study/visit/work) by applying again ? Please do share

 

[scylla]

Exclusion orders for working illegally are extremely difficult to overcome in future visa applications. Once you have broken the law as a temporary resident once, CIC typically isn't interested in giving you a second chance. Unfortunately you have learned this the hard way.

You may have to forget about returning to Canada on a temporary visa (i.e. student, tourist, worker) and aim to apply for PR instead (if you qualify).

 

[Hyy]

@scylla

These are hard words but true . But CHC should have some rules which give little hope for people complying Exclusion order.

I know its very hard to get study visa again, impossible, If you went to CA on study permit and got exclusion order.


I completely understand everybody saying here there are no chances of TR visa again. But I want you people to analyse that this time I am on full scholarship last time I was on self funding. I just want to know, " It can make a difference ?? ". Because I think this time my case is different I don't need to work. Moreover, In past I have heard and experienced that Canadian High Commission in whatever country favor the candidates on scholarships and their visa granting ratio is very high.

Point I am trying to make is whether my funded admission can impact on visa grating decision??

 

[SenoritaBella]

@ Hwy, unfortunately, you are looking for answers nobody has. If you feel you can overcome their concerns, you can consider re-applying and include a cover letter explaining how you will not need to work, etc and see what happens. The worse that could happen is another rejection.

If you are denied, you may want to consider other options such as completing your education in your home country, getting a skilled job(to obtain work experience) and see if you qualify for permanent residence.

 

[scylla]

Moreover, In past I have heard and experienced that Canadian High Commission in whatever country favor the candidates on scholarships and their visa granting ratio is very high.

This is usually true. However it most likely doesn't apply to your case due to the exclusion order and illegal work.

All you can do is apply and see what happens. I think the odds are very much against you.

 

[Hyy]

Thanks @Scylla @Senoritabella

Yes you guys are rite; Its not in my hands now. I will launch application again including cover letter explaining all these factors that i don't need to work now.

Somehow I have feeling that I did mistake but i did it once after that I respect Canadian law by leaving voluntarily against Exclusion order. I remember at that time so many people told me to apply asylum/refugee because they were saying as you belong to country where sort of war is going on between US its Allies and rebels and law and order is at its worst i mean suicide bombings and all that so you can win refugee most likely. But as my first priority is to study to have better future and respect so i left Canada having in mind that after one year I will apply again can come easily. As I knew by applying asylum you can work in Canada but you cannot study until you got positive refugee decision.

I left Canada complying morally as not to show disrespect Canadian law which by ignorance i did once by working. So somehow I have feeling that i should be rewarded positively now. But you never know what is going to happen; that's life

when I caught there was one other guy who get caught after 3 days. He was studying in same university as to me. He left province without complying CBSA immigration officer. As that officer told both of us to not leave city without informing him and until final hearing. But he cheated CBSA again by leaving to French province where he filed asylum and then get married to a national. And look he got PR now on the basis of marriage. He broke the law 2 times and he is still in Canada and having PR. And i respected law by leaving voluntarily and here I am Refused even on Funded admission.

Furthermore he is the same guy who encouraged me to work illegally and had been working for the six months and I get caught after 2 days. He is PR holder now plus i did above 80 % percent in winter sem and he was RTD from university and kicked out of the university.

I don't think law provides justice in complete sense. There is LUCK factor too lucky people even can get through even violating law again n again like he did (having Canadian PR).

thats awfullll unfortunately.. anyways hoping for the best

 

[Boetie]

Luck certainly is a factor and you had very bad luck to get caught so quickly. I know some people would say it was all your own fault for breaking the law but I understand it must feel very unfair when so many others do it and get away with it.