Overstaying Student Visa

[tjl34]

Hi,

My girlfriend who I extended our lease with had overstayed her study permit by 11 months (it expired September 2021) She only realized this in March 2022 and left to her home country in July 2022. We only realized overstaying her visa past 90 days was going to be problem for reapplying recently. All of her belongings are here and also her cat who I’ve been taking care of while she’s been gone. She had been depressed and was on medication, basically bedbound. She didn’t do anything illegal like work either. She’s now working with a lawyer at her university to help apply again. She’s writing her letter of intent with her. She’s paid for the next semester already too, and will attach proof. What are the chances she’s accepted again? I heard there’s a 6 month ban if she’s rejected or something? I fear she won’t be able to come back and have to continue her studies somewhere else. Her father is also a high ranking director at the WHO, if that means anything.

 

[scylla]

Hi,

My girlfriend who I extended our lease with had overstayed her study permit by 11 months (it expired September 2021) She only realized this in March 2022 and left to her home country in July 2022. We only realized overstaying her visa past 90 days was going to be problem for reapplying recently. All of her belongings are here and also her cat who I’ve been taking care of while she’s been gone. She had been depressed and was on medication, basically bedbound. She didn’t do anything illegal like work either. She’s now working with a lawyer at her university to help apply again. She’s writing her letter of intent with her. She’s paid for the next semester already too, and will attach proof. What are the chances she’s accepted again? I heard there’s a 6 month ban if she’s rejected or something? I fear she won’t be able to come back and have to continue her studies somewhere else. Her father is also a high ranking director at the WHO, if that means anything.

- The six month ban is for working illegally. She won't fact a six month ban.
- The issue is whether a new study permit will be approved or not. No one here can give you the chances.
- Her father's job won't play into the decision

 

[tjl34]

- The six month ban is for working illegally. She won't fact a six month ban.
- The issue is whether a new study permit will be approved or not. No one here can give you the chances.
- Her father's job won't play into the decision

Thank you for taking the time to reply. I appreciate the information you have provided.

 

[scylla]

Thank you for taking the time to reply. I appreciate the information you have provided.

One other note to add... It would be good to include a letter from her doctor to support her reasons for having dropped out of school and remaining in Canada without status.

Good luck and hope she gets an approval. One thing to note is that she won't qualify for a PGWP once she completes her studies (unless she starts a brand new program) since her studies won't have been continuous.

 

[canuck78]

One other note to add... It would be good to include a letter from her doctor to support her reasons for having dropped out of school and remaining in Canada without status.

Good luck and hope she gets an approval. One thing to note is that she won't qualify for a PGWP once she completes her studies (unless she starts a brand new program) since her studies won't have been continuous.

She may still qualify with a note from her doctor and no harm in trying but very far from guaranteed. If she gets approved for a new study permit and how long it takes will also be a factor. She should definitely have a plan B if she gets her study permit approved and wants to try and remain in Canada like trying to secure a job offer and a closed WP.

 

[Hnsmm]

My nephew overstayed his study permit without noticing that it was expired.
He applied to restore it one month after expiry, but got rejected,\.
Now, he is planning to leave by the end of the month. Will he be penalized for overstaying?

 

[scylla]

My nephew overstayed his study permit without noticing that it was expired.
He applied to restore it one month after expiry, but got rejected,\.
Now, he is planning to leave by the end of the month. Will he be penalized for overstaying?

No, he won't be.