Overstay and Reapplication for Study Permit

[Samnani_Alisha]

Please help.

I received my first offer letter for the May 2023 intake from TWU on July 25th 2022.
I had agreed to take a break from Jan 2023 to April 2023 before commencing my may intake.
Now here is where the issue happened, my agent had told me that the fees for my programme will be 22000 CAD.
In March 2023, when I approached my agent regarding fees payment and study permit extension,they said that they would do it for me. However in April my agent told me that the fees will be 36225+8998 which was so much higher than the 22000 initially quoted. I asked her to talk to the university as this would mean huge discrepancy in fees quoted and actual fees.
Now she did not get back to me and also did not apply for the study permit extension.
I lost out on the may intake and constantly kept calling her for assistance.
I was unaware of the fact that the study permit extension was not applied for.
In june I spoke to the university for fees payment and paid up 9900 as semester 1 fees, as I was not receiving any updates I was unaware of the study permit not applied for and landed up overstaying my study visa for 4 months. I overstayed from May 2023 to August 2023. I left canada after consulting an immigration lawyer on Aug 2023.

I have my intake starting in Jan 2024 now, will my study permit be approved?

 

[scylla]

Please help.

I received my first offer letter for the May 2023 intake from TWU on July 25th 2022.
I had agreed to take a break from Jan 2023 to April 2023 before commencing my may intake.
Now here is where the issue happened, my agent had told me that the fees for my programme will be 22000 CAD.
In March 2023, when I approached my agent regarding fees payment and study permit extension,they said that they would do it for me. However in April my agent told me that the fees will be 36225+8998 which was so much higher than the 22000 initially quoted. I asked her to talk to the university as this would mean huge discrepancy in fees quoted and actual fees.
Now she did not get back to me and also did not apply for the study permit extension.
I lost out on the may intake and constantly kept calling her for assistance.
I was unaware of the fact that the study permit extension was not applied for.
In june I spoke to the university for fees payment and paid up 9900 as semester 1 fees, as I was not receiving any updates I was unaware of the study permit not applied for and landed up overstaying my study visa for 4 months. I overstayed from May 2023 to August 2023. I left canada after consulting an immigration lawyer on Aug 2023.

I have my intake starting in Jan 2024 now, will my study permit be approved?

Unfortunately it's difficult for any of us to guess if your application will be approved or not.

Your history in Canada is not quite clear. Did you complete one program in Canada earlier and then want to extend your study permit to start a new program? Or did you take a break in the middle of your first program?

Anyway, again, not possible for any of us to comment on your chances of approval. You'll have to simply apply and hope for the best. I would include an LOE explaining what happened. However make sure you also take responsibility for falling out of status in Canada. Ultimately this is your responsibility even if you apply through an agent.

Good luck.

 

[Samnani_Alisha]

I completed one program in Canada and then want to extend my study permit to start a new program.
I will include an LOE as well as state how I was responsible for falling out of status.
Thanks for your input. It means a lot.

 

[Samnani_Alisha]

Hi @scylla I have read multiple threads and see your insights on all of them.
I was trying to understand this stated on the IRCC website:

Unauthorized work or study and 6 months not elapsed
As per subparagraph R200(3)(e)(i), the officer should not issue a work permit if either of the following applies:

• the foreign national worked or studied in Canada even though they never held a previous work or study permit, nor were they authorized to work [R196]
• the foreign national worked or studied in Canada under authorization but did not comply with the imposed conditions [R200(3)(e)(ii)]

The officer may issue a work permit as long as 6 months have passed since the foreign national stopped their unauthorized work or study.

Note: Under subsection R182(1), officers may reinstate or restore the status of temporary residents who have failed to comply with subparagraphs R185(b)(i) to (iii) only if they have met the following restrictions:

• they have not been out of status for more than 90 days
• they have not otherwise failed to comply with the specified conditions of their stay

Does that mean I can only apply for a study permit after moving back to my home country or 6 months?
Any insights would help me.

Thank you.

 

[scylla]

Hi @scylla I have read multiple threads and see your insights on all of them.
I was trying to understand this stated on the IRCC website:

Unauthorized work or study and 6 months not elapsed
As per subparagraph R200(3)(e)(i), the officer should not issue a work permit if either of the following applies:

• the foreign national worked or studied in Canada even though they never held a previous work or study permit, nor were they authorized to work [R196]
• the foreign national worked or studied in Canada under authorization but did not comply with the imposed conditions [R200(3)(e)(ii)]

The officer may issue a work permit as long as 6 months have passed since the foreign national stopped their unauthorized work or study.

Note: Under subsection R182(1), officers may reinstate or restore the status of temporary residents who have failed to comply with subparagraphs R185(b)(i) to (iii) only if they have met the following restrictions:

• they have not been out of status for more than 90 days
• they have not otherwise failed to comply with the specified conditions of their stay

Does that mean I can only apply for a study permit after moving back to my home country or 6 months?
Any insights would help me.

Thank you.

Did you work after the completion of your first program until you left Canada?

 

[Samnani_Alisha]

No i did not.

 

[scylla]

No i did not.

I'm not sure I can help further. I'm not an immigration lawyer. I think you'll have to apply and see what happens.