Options for immigrating back to Canada

[effed-it-all-up]

Hi guys,

I'm trying to find ways to immigrate back to Canada after studying in Canada for 6 years. During my studies, I ended up doing three part-time semesters which caused my PGWP application to be refused last year December. I had also worked over 20 hours for a few months while I was on my study permit during a fall semester where I was part-time which was mentioned in my letter of explanation for my PGWP application, but it doesn't seem like they made a comment on it on my PGWP refusal letter.

My study permit expired on August 1st, 2022, so I was on implied status while waiting for a response on my PGWP application. I received the refusal letter on December 13th, 2022, and lost status since that day. The letter mentioned that I was allowed to restore my status if I submitted an application within 90 days, but if I chose not to do so, I would have to leave immediately.

After speaking with a few of my school's immigration advisors, it seemed that I had a 90-day grace period after the refusal. So over the course of a month or so, I was speaking to an RCIC consultant who was helping me explore my options. We eventually decided that it was in my best interest to leave the country because the longer I stayed, the worst the situation was going to get. So I booked a ticket and left the country on January 29th, 2023.

Right now, I'm very concerned about whether or not I actually overstayed or am I within reason since overstaying can cause you to become inadmissible to Canada for future applications. Even though I've been in contact with an RCIC consultant, I wanted to ask here for a second opinion on potential options I might have moving forward.

 

[Ponga]

Hi guys,

I'm trying to find ways to immigrate back to Canada after studying in Canada for 6 years. During my studies, I ended up doing three part-time semesters which caused my PGWP application to be refused last year December. I had also worked over 20 hours for a few months while I was on my study permit during a fall semester where I was part-time which was mentioned in my letter of explanation for my PGWP application, but it doesn't seem like they made a comment on it on my PGWP refusal letter.

My study permit expired on August 1st, 2022, so I was on implied status while waiting for a response on my PGWP application. I received the refusal letter on December 13th, 2022, and lost status since that day. The letter mentioned that I was allowed to restore my status if I submitted an application within 90 days, but if I chose not to do so, I would have to leave immediately.

After speaking with a few of my school's immigration advisors, it seemed that I had a 90-day grace period after the refusal. So over the course of a month or so, I was speaking to an RCIC consultant who was helping me explore my options. We eventually decided that it was in my best interest to leave the country because the longer I stayed, the worst the situation was going to get. So I booked a ticket and left the country on January 29th, 2023.

Right now, I'm very concerned about whether or not I actually overstayed or am I within reason since overstaying can cause you to become inadmissible to Canada for future applications. Even though I've been in contact with an RCIC consultant, I wanted to ask here for a second opinion on potential options I might have moving forward.

Since you chose not to apply for Restoration of Status, I don't know how you would have had a 90 day grace period. Also, if you are saying that you worked without authorization whilst you were studying, that's not good.

 

[scylla]

Hi guys,

I'm trying to find ways to immigrate back to Canada after studying in Canada for 6 years. During my studies, I ended up doing three part-time semesters which caused my PGWP application to be refused last year December. I had also worked over 20 hours for a few months while I was on my study permit during a fall semester where I was part-time which was mentioned in my letter of explanation for my PGWP application, but it doesn't seem like they made a comment on it on my PGWP refusal letter.

My study permit expired on August 1st, 2022, so I was on implied status while waiting for a response on my PGWP application. I received the refusal letter on December 13th, 2022, and lost status since that day. The letter mentioned that I was allowed to restore my status if I submitted an application within 90 days, but if I chose not to do so, I would have to leave immediately.

After speaking with a few of my school's immigration advisors, it seemed that I had a 90-day grace period after the refusal. So over the course of a month or so, I was speaking to an RCIC consultant who was helping me explore my options. We eventually decided that it was in my best interest to leave the country because the longer I stayed, the worst the situation was going to get. So I booked a ticket and left the country on January 29th, 2023.

Right now, I'm very concerned about whether or not I actually overstayed or am I within reason since overstaying can cause you to become inadmissible to Canada for future applications. Even though I've been in contact with an RCIC consultant, I wanted to ask here for a second opinion on potential options I might have moving forward.

You were out of status in Canada from December 13th 2022 to the time you left in January 2023. This does not make you inadmissible. However in any future applications to Canada, you should make sure you mention this period of time in Canada as one where you didn't have status. I believe there is generally also a question that asks if you have ever remained beyond the allowed duration of your stay. You would need to answer yes to that question if it is asked.

As said above, there is no 90 day grace period. This is a misunderstanding of the restoration rule. The 90 days is the period of time you have to apply to restore your status after you lose status in Canada. It does not mean you have status in Canada during this 90 day period.

 

[effed-it-all-up]

You were out of status in Canada from December 13th 2022 to the time you left in January 2023. This does not make you inadmissible. However in any future applications to Canada, you should make sure you mention this period of time in Canada as one where you didn't have status. I believe there is generally also a question that asks if you have ever remained beyond the allowed duration of your stay. You would need to answer yes to that question if it is asked.

As said above, there is no 90 day grace period. This is a misunderstanding of the restoration rule. The 90 days is the period of time you have to apply to restore your status after you lose status in Canada. It does not mean you have status in Canada during this 90 day period.

Okay, I understand. Say I want to try and go for a visitor visa to visit some friends and my significant other in Canada. Would this be viable or will the previous incident of overstaying cause them to reject my visitor visa?

What if I end up getting a job offer? I studied computer science while I was in Canada and I'm now working on gaining relevant experience for a web developer for either Express Entry or Atlantic Immigration Program.

Lastly, would the spousal sponsorship route be viable?

Since you chose not to apply for Restoration of Status, I don't know how you would have had a 90 day grace period. Also, if you are saying that you worked without authorization whilst you were studying, that's not good.

I had authorization to work 20 hours a week on a study permit and I continued working full-time for 3-4 months during the fall 2020 semester.

 

[moscatojuices]

Sounds like you effed it all up. Do you really want to keep trying for this place after 6 years and this messy situation?

 

[YVR123]

Okay, I understand. Say I want to try and go for a visitor visa to visit some friends and my significant other in Canada. Would this be viable or will the previous incident of overstaying cause them to reject my visitor visa?

What if I end up getting a job offer? I studied computer science while I was in Canada and I'm now working on gaining relevant experience for a web developer for either Express Entry or Atlantic Immigration Program.

Lastly, would the spousal sponsorship route be viable?



I had authorization to work 20 hours a week on a study permit and I continued working full-time for 3-4 months during the fall 2020 semester.

What do you mean by significant other? Is your spouse a Canadian PR? Or a citizen?
If so, save the headache and just ask him/her to apply for spousal sponsorship. (outland)

You will need to list all your visa refusal, overstay and illegal work in that application and the relationship will be reviewed to make sure it's genuine (not a marriage of convenience)

 

[Ponga]

Right now, I'm very concerned about whether or not I actually overstayed or am I within reason since overstaying can cause you to become inadmissible to Canada for future applications.

It's possible that CBSA may have this info, since you did in fact overstay:


https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/entry-exit.html

Purpose

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.


IRCC will be able to query the CBSA’s Entry/Exit Information System via the Global Case Management System (GCMS) to

• verify residency requirements in support of applications for grants of citizenship (CIT) or permanent resident cards
• verify if a temporary residence applicant may have previously overstayedFootnote1 their allowable period of admission in Canada

 

[moscatojuices]

CBSA will totally have this info, it's not a maybe!!!! CBSA is essentially the enforcement arm of IRCC - they both have GCMS records.

 

[Ponga]

CBSA will totally have this info, it's not a maybe!!!! CBSA is essentially the enforcement arm of IRCC - they both have GCMS records.

The Overstay Monitoring was apparently to have begun in late 2022 (November), but no idea if they've since implemented it.

Overstay indicator: There will be a checkmark in the “Overstay” section that indicates if and during which trip someone overstayed their Temporary Resident visit. The Overstay Indicator feature has not yet been activated by CBSA, who lead this initiative and who collect the information. They are waiting for enough air carriers to be on-boarded (goal: All by November 2022) before activating it. We will let IRCC know once this becomes available through an update to this page.


I equate CBSA with a doorman/bouncer, since they are the ones that determine who gets past the velvet rope, to enter the club. LOL!

 

[moscatojuices]

The Overstay Monitoring was apparently to have begun in late 2022 (November), but no idea if they've since implemented it.

Overstay indicator: There will be a checkmark in the “Overstay” section that indicates if and during which trip someone overstayed their Temporary Resident visit. The Overstay Indicator feature has not yet been activated by CBSA, who lead this initiative and who collect the information. They are waiting for enough air carriers to be on-boarded (goal: All by November 2022) before activating it. We will let IRCC know once this becomes available through an update to this page.


I equate CBSA with a doorman/bouncer, since they are the ones that determine who gets past the velvet rope, to enter the club. LOL!

They totally are the bouncer.

I really want to understand this OP's story - this sounds like a nightmare story, 6 years of presumably hard work all to dust over a stupid decision to overstay (when that was avoidable by immediately seeking a restoration). Honestly I'm also doubting the spousal sponsorship angle here. If your spouse didn't want you to leave, you would have simply restored your visa and filed a sponsorship application straight away or before the study permit expired. Eh?

Sounds to me like you're inventing solutions without any concrete basis for them - you probably don't cut it for Express Entry because you don't have work experience, and your spouse would have kept you if both of you were serious enough about pursuing that.

 

[effed-it-all-up]

They totally are the bouncer.

I really want to understand this OP's story - this sounds like a nightmare story, 6 years of presumably hard work all to dust over a stupid decision to overstay (when that was avoidable by immediately seeking a restoration). Honestly I'm also doubting the spousal sponsorship angle here. If your spouse didn't want you to leave, you would have simply restored your visa and filed a sponsorship application straight away or before the study permit expired. Eh?

Sounds to me like you're inventing solutions without any concrete basis for them - you probably don't cut it for Express Entry because you don't have work experience, and your spouse would have kept you if both of you were serious enough about pursuing that.

At the time, I was led to believe that I did have some time to make a decision on whether or not to leave or stay to restore status by both my school's immigration advisor and a RCIC consultant.

I'm planning on getting relevant work experience regardless. The only thing I'm concerned about is whether or not I might be able to get in through Express Entry some years down the line.

What do you mean by significant other? Is your spouse a Canadian PR? Or a citizen?
If so, save the headache and just ask him/her to apply for spousal sponsorship. (outland)

You will need to list all your visa refusal, overstay and illegal work in that application and the relationship will be reviewed to make sure it's genuine (not a marriage of convenience)

They aren't, they are on a PGWP and should presumably have little issue getting PR in the future. We aren't married, and don't really qualify for common law either. We have been together for 3 years and marriage is a possibility. So that's why we're wondering if spousal sponsorship is a potential option.

Lastly, getting a short-term visitor's visa should still be possible, no? Say a month-long round-trip ticket booked in advance? I'm thinking the return ticket should be reasonable evidence that I won't over-stay on the visitor's visa?

 

[scylla]

At the time, I was led to believe that I did have some time to make a decision on whether or not to leave or stay to restore status by both my school's immigration advisor and a RCIC consultant.

I'm planning on getting relevant work experience regardless. The only thing I'm concerned about is whether or not I might be able to get in through Express Entry some years down the line.



They aren't, they are on a PGWP and should presumably have little issue getting PR in the future. We aren't married, and don't really qualify for common law either. We have been together for 3 years and marriage is a possibility. So that's why we're wondering if spousal sponsorship is a potential option.

Lastly, getting a short-term visitor's visa should still be possible, no? Say a month-long round-trip ticket booked in advance? I'm thinking the return ticket should be reasonable evidence that I won't over-stay on the visitor's visa?

Express Entry won't be an issue as long as you are honest about your immigration history in Canada.

No one can comment on whether a short term visitor visa will be an issue or not. You'll have to apply and see what happens. If you just returned to your home country now, I would recommend waiting a number of months before applying and making sure you can demonstrate ties such as a permanent job before you apply.

 

[scylla]

At the time, I was led to believe that I did have some time to make a decision on whether or not to leave or stay to restore status by both my school's immigration advisor and a RCIC consultant.

I'm planning on getting relevant work experience regardless. The only thing I'm concerned about is whether or not I might be able to get in through Express Entry some years down the line.



They aren't, they are on a PGWP and should presumably have little issue getting PR in the future. We aren't married, and don't really qualify for common law either. We have been together for 3 years and marriage is a possibility. So that's why we're wondering if spousal sponsorship is a potential option.

Lastly, getting a short-term visitor's visa should still be possible, no? Say a month-long round-trip ticket booked in advance? I'm thinking the return ticket should be reasonable evidence that I won't over-stay on the visitor's visa?

Also, do not buy the plane ticket in advance. This does not strengthen your application at all since airplane tickets can be easily changed or simply not used. Wait for approval before you buy the ticket. Rely on evidence such as proof of employment.