re admission to canada

[cpman]

hello guys, i have a messed up situation which might take sometime to explain. i came to Canada with a study permit, but i overstayed my visit by an year, that was because of some personal problems, my school messed up my visa renewal application and during the same time due to some family reasons i was depressed and later found myself out of status. i was 2 and illegal in Canada. i was depressed during that time for which i took counseling.i met my girlfriend after that who helped me through everything and finally gathered courage to face the authorities. i hired a lawyer who asked me to apply for TRP(temporary Resident Permit) explaining my situation, i did this in order to resolve my admissibility issues for later entries. My written application, TRP was rejected and i found myself in 30 days window to leave the country and finally the time came when i left. now i am back in India but i am miserable without my girlfriend and all my education funds were spent in Canada. i just wrote this down so that if somebody could guide me so that i could try coming back, and with some reasonable guidance could take some steps to put my life back on track without hurting my psyche.

 

[zardoz]

OK, I'll be gentle. But here's the reality of your situation.

1) You probably will find it next to impossible to obtain any form of temporary visa, either as a student or a foreign worker. Same applies to a "visitor" visa.

2) You can apply to immigrate to Canada permanently but you will need to decide if that is what you want to do and if you are (or could become) eligible.

If you want to try for 2), you need to work out if you will try as a skilled worker (unlikely at the moment) or as a member of the Family Class, sponsored by your "girlfriend". I suspect that you don't yet qualify for either of these, but with time, you might....

 

[cpman]

Thanks for the reply, i really appreciate it. I have been researching a lot and a lot of lawyers told me since I returned to India within the time alloted to me by the canadian immigration so my overstay mistake is all sorted out as the main reason was that i would not return to my country which i legally did. Now I want to head back as i have a girl friend who lives in vancouver, and i have a sponsership from a canadian employer to work in a automobile complany like a workshop, my only concern is Am i being mislead or are there any serious chances for me to return to canada, as i can't afford to lose time, thank you

 

[scylla]

I agree with Zardoz. The overstay and departure order will make it practically impossible for you to be approved for any kind of temporary visa (including a work permit). By all means try, but you should assume it's going to be a refusal.

I also agree with Zardoz that if you want to return to Canada, then you should be focusing on applying to immigrate rather than coming on a temporary visa. Because you did not follow the conditions of your temporary visa the last time you were in Canada it's extremely unlikely Canada will issue you one again. FYI - schools are not responsible for visa renewal applications - you are.

 

[Regina]

Also, I would like yo add that now when you are at home you should pay attention to you mental health and try to improve it not only for accepting your situation with "Canada issues" but also because of your life ahead of you. It is not good AT all to be so deeply depressed with usual life issues (personal and family, who does not have them? But not everybody messes up with their lives as you did).

 

[2011july20]

Thanks for the reply, i really appreciate it. I have been researching a lot and a lot of lawyers told me since I returned to India within the time alloted to me by the canadian immigration so my overstay mistake is all sorted out as the main reason was that i would not return to my country which i legally did. Now I want to head back as i have a girl friend who lives in vancouver, and i have a sponsership from a canadian employer to work in a automobile complany like a workshop, my only concern is Am i being mislead or are there any serious chances for me to return to canada, as i can't afford to lose time, thank you

What others have said before is correct. However, I would suggest that:
1. you get married legally to your girlfriend so that she might be able to sponsor you as a spouse/family. In fact, you should have done that while you were in Canada. Right now she might have to travel to India to harmonize all these mess.
2. Get the help from a qualified attorney/lawyer in this area who might have experience in this area. It will cost some money but you will know your fate on the way forward.
3. Believe in faith. Still miracles happen even in the worst of everything. Stressing yourself will bring medical problems that can cause future inadmissibility.
Good luck!

 

[txboyscout]

What others have said before is correct. However, I would suggest that:
1. you get married legally to your girlfriend so that she might be able to sponsor you as a spouse/family. In fact, you should have done that while you were in Canada. Right now she might have to travel to India to harmonize all these mess.
2. Get the help from a qualified attorney/lawyer in this area who might have experience in this area. It will cost some money but you will know your fate on the way forward.
3. Believe in faith. Still miracles happen even in the worst of everything. Stressing yourself will bring medical problems that can cause future inadmissibility.
Good luck!

Yes getting married is an option but I don't think given his past legal situation CIC will look upon this as a genuine marriage. Also depends on the GF's status in the country-if she is a temp resident, it will be next to impossible to get s SOWP or even a TRV

 

[2011july20]

Yes getting married is an option but I don't think given his past legal situation CIC will look upon this as a genuine marriage. Also depends on the GF's status in the country-if she is a temp resident, it will be next to impossible to get s SOWP or even a TRV

I agree 100%. Some of these things should have been done soon after landing in Canada before losing the student status.

 

[ayoinc]

Overstaying your visa is a great punishable offense under the Canadian immigration laws.

 

[cpman]

i know guys, thanx a lot, as harsh ass they sound, they are really what is the situation right now. I really appreciate so much info, clearing up my system and trying to making a lot a clearer decision and not they way i messed up before, but another mistake i made on a personal level was that i told my family that i was an atheist and that is what is hurting me write now, i am living with a completely orthodox family who probably never dealt with any ideology except their own, the no god theory hurts them the most, and because of a lot of resistance from them, i think it is hard for me to survive in such conditions. there are traumatising scars, one over the other on my psyche. But i was thinking if i could move to a country like Australia, do you think it would be a problem since i overstayed in Canada?? i really am unable to cope up with my family situation and cant help but think about the possiblilty that i could be get an australian visa even if i overstayed in canada. maybe

 

[Regina]

i really am unable to cope up with my family situation and cant help but think about the possiblilty that i could be get an australian visa even if i overstayed in canada. maybe

Australia also asks the question "If you ever applied and were rejected any visas in Australia OR OTHER countries?"