Overstayed in UK...Wants to Study in Canada now (Bangladeshi Citizen)

[TheThirdEye]

Hi,
To sum it up I was born in Bangladesh in 1989, as a result of my parent's divorce, me and my mother moved to London. My mother entered UK in 2000 as a student and I entered in 2002 on a visit visa. I was later switched to a dependent of my mother. Due to some unfortunate experiences with negligible lawyers me and my mother became overstayers in 2004. Since then I completed my GCSE's (mostly A's and B's) and A Levels (BBC). I made numerous applications to regularise my stay which were all refused with the same reason and blatant disregard of my situation. While my mother received Indefinite Leave To Remain on 2008. By then I was an adult who was over 18 even though I was a victim of the circumstances and got stuck in the system for over 10 years. I met my wife in 2008 and we fell in love, got married in 2012 which is registered in the UK and had been living together since then until my voluntary departure from the UK on July 2016 back to Bangladesh to pursue a settlement visa (spouse). My wife is currently in full time employment and is able to support me.

Today on 19/09/2016 I received a refusal for my entry clearance and they have given my right of appeal. Their reasons for refusal was my overstaying my visa, completely overlooking my personal circumstances.

Anyway I was wondering now I would like to study in Canada and hopefully get a skilled job eventually and settle in Canada along with my wife who is British. My main concern is that because I overstayed in UK would I be denied entry to Canada as a student? Will they overlook my previous situation and also would I need to mention my immigration situation in UK in detail when I apply for a study permit in Canada?

I would be really grateful to anyone who can help me with any kind of advice or guidance.

Thank You

 

[scylla]

You must mention your situation in the UK as part of your study permit application for Canada. Failure to do so will result in a finding of misrepresentation and a five year ban from Canada.

If I'm being honest, your chances of obtaining an approved study permit for Canada are pretty much zero at this time given how recent your voluntary departure from the UK was. To be approved for a study permit to Canada, you must prove you have strong ties to your home country and have no plans on remaining in Canada long term. You effectively have no ties to your home country (i.e. Bangladesh) at this time - you need to built these ties before attempting to submit an application to come to Canada. Given your history in the UK - CIC will also most likely classify you as someone with immigration intentions (rather than a genuine student). I would very strongly recommend that you live in your home country for at least a year and establish ties (e.g. employment, assets, property) before attempting to apply for the study permit.

 

[Leon]

Having overstayed in one country will affect your ability to get a temporary visa in any other country as they will feel that if you overstayed in the UK, you are also a risk to overstay in Canada. However, they might take it into account that were a minor when you came to the UK and the rest of your situation. Still, it speaks against you that you continued to overstay after you became an adult.

If Canada doesn't work out for you, would your wife consider moving to another EU country? As an EU citizen which she still is, at least until Brexit is finalized which might not be for some years, she is allowed to move to and look for work in any other EU country as she pleases and she does have the right to apply for a visa for her spouse to join her.

 

[TheThirdEye]

You must mention your situation in the UK as part of your study permit application for Canada. Failure to do so will result in a finding of misrepresentation and a five year ban from Canada.

If I'm being honest, your chances of obtaining an approved study permit for Canada are pretty much zero at this time given how recent your voluntary departure from the UK was. To be approved for a study permit to Canada, you must prove you have strong ties to your home country and have no plans on remaining in Canada long term. You effectively have no ties to your home country (i.e. Bangladesh) at this time - you need to built these ties before attempting to submit an application to come to Canada. Given your history in the UK - CIC will also most likely classify you as someone with immigration intentions (rather than a genuine student). I would very strongly recommend that you live in your home country for at least a year and establish ties (e.g. employment, assets, property) before attempting to apply for the study permit.

^^^
Thanks for your advice but for me personally its very difficult to adjust to life here in Bangladesh. Once you come over here and live for a while you will understand what I mean...But I will definitely consider staying longer here if that is what it takes...

 

[scylla]

Just to add - while your UK immigration history is very problematic for any sort of temporary visa (work permit, study permit, visitor visa) - that's not the case for applying to immigrate. If you or your wife qualify to apply to immigrate to Canada, you can do that immediately and your immigration history won't be an issue (provided you declare it fully in your application). So applying to immigrate directly would be the best option (again, if one of you qualifies).

 

[jomz]

Just to add - while your UK immigration history is very problematic for any sort of temporary visa (work permit, study permit, visitor visa) - that's not the case for applying to immigrate. If you or your wife qualify to apply to immigrate to Canada, you can do that immediately and your immigration history won't be an issue (provided you declare it fully in your application). So applying to immigrate directly would be the best option (again, if one of you qualifies).

That's actually not the case with a UK overstay. According to UK law there are charges associated with an overstay which translate under Canadian Law which makes the person inadmissible. There was at least one applicant on this forum that was being sponsored for PR by Canadian spouse and was refused PR due to a UK overstay.

As per section 24(1) (b) (1) of UK’s immigration act 1971 it is an offence to remain in the UK beyond the time limited by leave.

Section ​29 (2) of the IRPA stipulate that a temporary resident must comply with any condition imposed under the regulation and act and must leave Canada by the end of the period authorized for their stay. Under section 41 (a) a person is inadmissible for failing to comply with this act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this act.
Under section 124 (1) (a) of IRPA, every person commits an offence who contravenes a provision of this acts for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this acts.

As per section 125 (a) a person who commits an offence under subsection 124 (1) is liable on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years or to both. It appears, therefore, you are inadmissible on grounds of criminality under S36 (2) (c) of IRPA for committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, Would constitute an indictable offence under an Act of Parliament.

 

[scylla]

That's actually not the case with a UK overstay. According to UK law there are charges associated with an overstay which translate under Canadian Law which makes the person inadmissible. There was at least one applicant on this forum that was being sponsored for PR by Canadian spouse and was refused PR due to a UK overstay.

You've completely misunderstood my comments. It has nothing to do with whether an overstay results in charges or inadmissibility (I don't know of any country where an overstay results in inadmissibility to Canada). What's material is that a study permit requires an individual to prove they have strong ties to their home country and have no plans on remaining in Canada long term. Given the OP's immigration history and the fact he only returned to his home country a month ago after a 10+ year stay elsehwere - he won't be able to demonstrate any ties to his home country. It's going to be pretty clear to CIC that he's looking to leave his home country. Again, applying to immigrate is a much better option.

 

[Leon]

There was at least one applicant on this forum that was being sponsored for PR by Canadian spouse and was refused PR due to a UK overstay.

Can you link to that please? I've never heard of such a case. I'd be curious if there were some more issues there. People who have overstay history in the US since years have been able to get PR in Canada without a problem. Spouses who are illegally in Canada can even be sponsored for PR.

Even if the UK were to define overstaying as a criminal offense, what matters to Canada is what kind of crime it is (or isn't) in Canada.

 

[scylla]

Can you link to that please? I've never heard of such a case. I'd be curious if there were some more issues there. People who have overstay history in the US since years have been able to get PR in Canada without a problem. Spouses who are illegally in Canada can even be sponsored for PR.

Even if the UK were to define overstaying as a criminal offense, what matters to Canada is what kind of crime it is (or isn't) in Canada.

Agreed with Leon as usual. There had to be more than this to the case. Either there was a criminal charge - or the overstay and other evidence demonstrated the relationship was genuine. The overstay itself cannot result in refusal.

 

[jomz]

this is One of the threads.

http://www.canadavisa.com/canada-immigration-discussion-board/past-immigration-history-t397933.0.html;msg5073415#msg5073415

Trust me I was surprised as anyone that a visa officer used this as grounds for rejection. It may be because in UK law this is an indictable offence, which offence does translate into Canadian law.

 

[dreamcanada87]

well in UK itz summary offence not indictable and maximum punishment is 6 months or a fine or both. morover this user is posting in different threads with two different names and his current situation is he got remedical and PCC requested.he is waiting for ppr.so dnt worry m sure there is something more which could be deception under immigration and refugee act 1971 and maximum punishment is up to 2 years and person should apply before the actual leave expire.UK law preferred applied before 90 days left for expiration of visa. or may be he didn't attend the court and it is basically turned out to be contempt of court as he already stated he don't have exit stamp in UK too which proves itz something more to this case.

 

[Outlander]

You never get Exit stamp in UK. They don't even keep the records of people leaving their country. Can you please tell me where else this person has posted. Me and my husband are in the similar situation.

 

[canuck_in_uk]

You never get Exit stamp in UK. They don't even keep the records of people leaving their country. Can you please tell me where else this person has posted. Me and my husband are in the similar situation.

You can dredge up as many threads as you can find but the advice already given to you by multiple people on multiple threads will remain the same.

You need to just apply for sponsorship. Thousands of people have applied while illegal without issue; stop focusing on one case you found that had a problem, especially when you don't even know the result.

 

[xpressentry]

You can dredge up as many threads as you can find but the advice already given to you by multiple people on multiple threads will remain the same.

You need to just apply for sponsorship. Thousands of people have applied while illegal without issue; stop focusing on one case you found that had a problem, especially when you don't even know the result.

The answer wont change but some ask the question in different ways hoping the answer will change to suit them.