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mike318

Newbie
May 31, 2012
8
0
Hi, I was studying in Canada past years and i stayed in Canada with an expired visa for a year(i only have 4 more classes left to get my 4 year degree),but there they didn't let me reapply.therefore i left Canada returned my country.my first question is ; can i reapply to the Canadian embassy in my country for the student visa even though i stayed in Canada illegally for a year ? for example, for u.s.a you get 3 years to 10 years ban if u stayed in u.s illegally.you cant obtain an u.s type visa.
second question is that if i get a new passport ,will the Canadian embassy find out my departure date of Canada ? in the renewed passport there will be no stamp of departure.
 
Hey... See your Subject Mate.... Rewrite it.. it makes some another sense... :P :P

my student expired 1 year ago while in canada :o :o
 
Hi


mike318 said:
Hi, I was studying in Canada past years and i stayed in Canada with an expired visa for a year(i only have 4 more classes left to get my 4 year degree),but there they didn't let me reapply.therefore i left Canada returned my country.my first question is ; can i reapply to the Canadian embassy in my country for the student visa even though i stayed in Canada illegally for a year ? for example, for u.s.a you get 3 years to 10 years ban if u stayed in u.s illegally.you cant obtain an u.s type visa.
second question is that if i get a new passport ,will the Canadian embassy find out my departure date of Canada ? in the renewed passport there will be no stamp of departure.

You can apply but, by overstaying you demonstrated that you won't obey Canada's immigration laws. Sure you can get a new passport, but of course you will lie on your application (good for a 2 year ban) CHC will question how come you only require 4 courses and will want to know what you did in the year without status.
 
PMM said:
Hi


You can apply but, by overstaying you demonstrated that you won't obey Canada's immigration laws. Sure you can get a new passport, but of course you will lie on your application (good for a 2 year ban) CHC will question how come you only require 4 courses and will want to know what you did in the year without status.

Hi,thank you. in truth,i did overstay there because i avoid doing compulsory military service in my country, and my embassy didn't expand or renew my passport there,they forced me to go back and join military if i wanted to get a renewed passport,and then my passport expired and i couldn't extend my visa without a valid passport, this is my explanation.

i know i can apply for student visa.what i am not certain about is that will overstaying with an expired visa in Canada definitely cause some problems obtaining a student visa or any other type of visa in future? for example ,will it make it harder to get immigrated?thx
 
No - this won't make it harder for you to immigrate.

However it will make it much much harder for you to obtain any of the following:

- Student visa
- Temporary work visa
- Tourist / visitor visa
 
It's not clear from your comment whether you had a valid study permit during this 1 year period? If you did, you had legal status(no matter if the student visa had expired). Otherwise, you stayed in Canada illegally.

Assuming your study permit had expired, had you noticed it within 90 days of the expiration date, you could have applied to restore your status and not had to return home(assuming CIC approved it).

Anyway, you returned home which is good and indicates some willingness on your part to abide by rules. A prior history of overstaying will make things difficult and your burden of proof much higher. However, if you don't try you won't find out. The worse that could happen is they say 'No'.

You can apply for a study permit and visa again and include an explanation of what happened. That is, how you came to be out of status, what you did to regularize your status, when it failed you returned home, what you will do/have done to ensure it doesn't happen again - you don't want them thinking you couldn't be bothered about obeying their rules.

If you can, get a letter from the Dean of your faculty/program that confirms only 4 courses are left for graduation and submit it with your transcripts. If a visa officer looks at your application favorably, you may be interviewed and they would probably want to know what your plans are after graduation if granted a visa. This is a tricky question for 3 reasons:

1. as a student, you must demonstrate that your intentions are temporary in nature
2. on the otherhand, you may want to gain work experience and immigrate(but remember your plans have to temporary?)
3. if you say you will return home, will it be convincing to the officer?

Not sure what's the best answer(lol), but I know that if I studied in another country, I would want to have some work experience in my field of studies and potentially apply those skills in my home country. :D Best wishes in your endeavours.

mike318 said:
Hi, I was studying in Canada past years and i stayed in Canada with an expired visa for a year(i only have 4 more classes left to get my 4 year degree),but there they didn't let me reapply.therefore i left Canada returned my country.my first question is ; can i reapply to the Canadian embassy in my country for the student visa even though i stayed in Canada illegally for a year ? for example, for u.s.a you get 3 years to 10 years ban if u stayed in u.s illegally.you cant obtain an u.s type visa.
second question is that if i get a new passport ,will the Canadian embassy find out my departure date of Canada ? in the renewed passport there will be no stamp of departure.
 
SenoritaBella said:
It's not clear from your comment whether you had a valid study permit during this 1 year period? If you did, you had legal status(no matter if the student visa had expired). Otherwise, you stayed in Canada illegally.

Assuming your study permit had expired, had you noticed it within 90 days of the expiration date, you could have applied to restore your status and not had to return home(assuming CIC approved it).

Anyway, you returned home which is good and indicates some willingness on your part to abide by rules. A prior history of overstaying will make things difficult and your burden of proof much higher. However, if you don't try you won't find out. The worse that could happen is they say 'No'.

You can apply for a study permit and visa again and include an explanation of what happened. That is, how you came to be out of status, what you did to regularize your status, when it failed you returned home, what you will do/have done to ensure it doesn't happen again - you don't want them thinking you couldn't be bothered about obeying their rules.

If you can, get a letter from the Dean of your faculty/program that confirms only 4 courses are left for graduation and submit it with your transcripts. If a visa officer looks at your application favorably, you may be interviewed and they would probably want to know what your plans are after graduation if granted a visa. This is a tricky question for 3 reasons:

1. as a student, you must demonstrate that your intentions are temporary in nature
2. on the otherhand, you may want to gain work experience and immigrate(but remember your plans have to temporary?)
3. if you say you will return home, will it be convincing to the officer?

Not sure what's the best answer(lol), but I know that if I studied in another country, I would want to have some work experience in my field of studies and potentially apply those skills in my home country. :D Best wishes in your endeavours.

thank you for information,but do you nthink canadian embassy can know my date of leaving canada with a renewed passport which will have nodepart stamp on papers of passport.if i get a renewed passport perhaps canadian embassy might not find out the departure date?
 
I don't know whether or not they can find out, but I know that if you lie and get caught you will be banned for 2 years. Note that if CIC wants to find out when you left Canada, the CBSA can search for your information in airline flight manifests. Besides, when you apply for a temporary resident visa, you have to provide information on your whereabouts and activities in the last 5 years. Beware!