ive lived in the US for a long time and I overstayed so I was on the DACA, Deferred Action status. The Canadian immigration consultant doesn’t know about DACA when she asked me my history living in the US. Would this affect in any way when applying for the co-op student visa and what should I do? I decided to contact the immigration consultant instead of the lawyer because lawyers are so expensive. But she doesn’t know what DACA status is, which is I overstayed in the US
Overstayed US..would This Affect the Student Visa for Canada?
- Thread starter TheDogLover
- Start date
You must be honest in any app to Canada about your US overstay. Yes it can have a huge impact. It shows you do not follow immigration rules (for whatever reason), so Canada will think you will just do the same here as you may not be able to legally return to the US once you leave, and obviously don't want to go back to your home country. There is a very high chance any application for temporary status in Canada will be denied.
What would you recommend? Do I need to tell the immigration consultant about I overstayed instead of hiding it? But I had a legal status which was Deferred Action working permit. It’s for undocumented immigrants that came into the US either illegally and people who overstayed. But I came to the US LEGALLY but just overstayed. Would I still be able to get student visa?
You need to include your overstay in the US in your application. IRCC has full acces to your US immigration history, so they will find out whether you tell them or not. The difference being that if you tell them it doesn’t necessarily mean you will be denied a visa. If you don’t tell them it will lead to a failed application and likely a finding of misrepresentation and a 5 year ban from Canada.
It doesn't matter what you disclose to a consultant, what matter is what you put in any application to Canada. In this you must be entirely honest. I would actually look for an immigration consultant experienced with DACA applicants.
If you leave the US, will you be allowed to return?
If so and you can show strong ties to the US, there may be a chance.
If you will be unable to ever return to US after leaving, then I think it's highly doubtful Canada would ever grant you temporary status here.
Perhaps others more experienced with DACA program in specific can advise how it affects temporary visits to Canada.
I already have an US attorney who specializes for DACA people. Right now the case is pending. But I was able to enter Canada last time as a tourist and my attorney said it wouldn’t affect if I go to Canada for my case. It’s still ok to go there while it’s pending. But now I’m currebtly living in my country I was born which is Japan.
Do I need a Canadian Attorney who specializes in DACA in order to get a student visa in Canada or should the immigration consultant I have now is ok?
You don't need an immigration consultant at all to apply for a study permit. You can do it on your own. Make sure you are 100% honest about your US immigration history in your study permit application including the US overstay and DACA status.
How do I apply for study permit? Should I get immigration consultant do it if my husband wants a working visa? It’s included with co-op program that’s why.
Ok this is a bit different. If you aren't living in the US anymore anyways, are currently living in a safe country, and have traveled to Canada in the past as a visitor, then you may have a good chance for getting a study visa.
Just make sure you're honest about your past status in USA on the application.
You probably don't need a consultant.
The reason why I thought I need a consultant is because my husband wants a working permit too and I heard it’s included if I get co-op.
How can I apply for both student permit and work visa for him?
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No - that's not how it works. You don't need to be in a co-op program for your spouse to qualify for an open work permit. Suggest you move over to the International Students section of the forum. This is where you'll find extensive conversations on the subject of study permit applications and also SOWP (spousal open work permits). Or check out the CIC web site. All of the info is there:
http://www.cic.gc.ca/english/information/applications/student.asp
Can you give me lists of visas that my husband can get including myself? I’m having hard time finding it
What is your husband’s citizenship? Is he living with you in the Japan? Given there are no guarantees that DACA will continue applicants with DACA will now have a harder time applying for temporary visas in my opinion. Is your DACA card/status expired?
If you can prove ties and establishment in Japan, my guess is, you should be fine.
But my concern is, you mentioned that you have entered Canada before as a tourist, did you ever have to apply for ETA? I hope you have been 100 percent truthful, at least to your knowledge, about your overstay in the US while filling out the ETA application. If you did not mention about your overstay during your ETA application, then it may count against you for future visa applications.
Also, as everybody here has been saying repeatedly, be truthful to the best of your knowledge, and make sure to mention the overstay in your study permit application.
But my concern is, you mentioned that you have entered Canada before as a tourist, did you ever have to apply for ETA? I hope you have been 100 percent truthful, at least to your knowledge, about your overstay in the US while filling out the ETA application. If you did not mention about your overstay during your ETA application, then it may count against you for future visa applications.
Also, as everybody here has been saying repeatedly, be truthful to the best of your knowledge, and make sure to mention the overstay in your study permit application.