Student visa after recent overstay

[Brightsparrow]

Hi,

I am hoping someone could really help me, as I am out of my wits end thinking about this. I will be very grateful for the responses I get, and if anyone has been in a similar boat as me and successful please advise me.

I will be applying to my study permit for Canada, however, I previously overstayed in the UK for 1 year. This occurred because I had paid a full terms tuition fee to a previous college that got its license revoked by the UKBA immigration org in the UK. The college closed down and refused to give me my money back. Within this period I was given only 3 months ( prior to this I had a valid 2 year visa ) by UKBA to get a new college or exit. Now I do not have unlimited amount of money, I tried unsuccessfully to try and get help from UKBA to get my money back from that college. And truthfully they did not seem at all apologetic for my situation or sympathetic. I had no money at all. Not for travel, food , housing ( as I could not work at that time ). I depended on my friends to house me, It was without a doubt one of the most humiliating and lowest times of my life.

Anyway, I decided to stay after my 3 months were up and fight ( I knew, what I was doing was wrong, but the law may have not been on my side, I still believe I had a moral right to get my money back from that thieving college. I took them to court, even when the judgement was done to my favor they refused to pay up, so I had to sue them in small claims and I received my money back.... Happy day. 3 days after I got my money I left the UK. I am not sure I will ever want to go back there ever again.

Before I left, one of my friends within the 3 months had loaned me money ( as she knew I was taking the college to court and would be able to pay her back ) and I tried to apply for an Irish study visa but they denied me the visa as it took them over 3 months to process it, and within that time I was an illegal alien in UK. Ireland found out and rejected my study visa and I got banned for 2 years.

I am now back in my home country, I am currently filling my Canada application form. My heart is telling me to be truthful and tell them that I have been denied a study visa before from Canada, and I overstayed in my UK visa.... ( the irish visa denial has a stamp thing on my passport anyway ) . I am nervous Irish visa office if they ask them , will say I provided them with false info when I applied initially .........

My mind is telling me to just state I got denied the Irish visa and leave it there without further information,

Any suggestions, comments or experiences are whole highly appreciated.

Thank you

 

[Cynthia93]

I will advice you to say the truth because they will surely find out if you lie.......also mention the previous Irish and Canada refusal.....i wish you all the best

 

[Buletruck]

Just an opinion, but with 2 refusals (1 from Canada) and a history of overstaying, I'd say your chances are pretty slim. And if you don't tell them about the refusal, that will drop to nil and a possible ban from Canada (and likely a lot of other countries, at least in terms of refusals).

 

[m_jethva]

Your application of student visa will be disapproved 100%. They will give reason you r not a Bonafide student and you will not leave country after your study finish. One more thing, embassy of each country sharing their immigration data.

 

[Brightsparrow]

Hi all, thank you for the replies . Maybe I was not clear, I have only been denied an Irish student visa and overstayed in UK 1 year to pursue a court case that I won money for. Is this information that I should tell the Canadian embassy

 

[Josh21]

I strongly suggest that you tell them everything. List the previous refusal on the form and tell them your whole story on an extra page that you include with the application.

 

[Brightsparrow]

I strongly suggest that you tell them everything. List the previous refusal on the form and tell them your whole story on an extra page that you include with the application.

Thanks Josh, I will do.

 

[Brightsparrow]

Hi, just an update. I received a letter to submit my passport from CIC. Thank you for all who helped me and assisted me by answering my question. Stay Blessed

 

[mandeep2050]

Hi, just an update. I received a letter to submit my passport from CIC. Thank you for all who helped me and assisted me by answering my question. Stay Blessed

Hi bro i am in same situation too currently i am in Uk and i want to go back to india and apply for canada visa can you please help me With tha and i want to know what type of documents did you use to explain them about UK situation and can you please tell me which consultant did you used.
Thank you

 

[canuck78]

I would imagine that the only reason that the visa would be approved after overstaying was due to the proof from the courts that the college didn't provide schooling and he overstayed because of the court case. Overstaying without a very good reason will lead to a visa denial.

 

[Brightsparrow]

Hi bro i am in same situation too currently i am in Uk and i want to go back to india and apply for canada visa can you please help me With tha and i want to know what type of documents did you use to explain them about UK situation and can you please tell me which consultant did you used.
Thank you

Hi, I just want to say that it was a very difficult decision for me to leave the UK. I felt very wronged , considering I had been there for 7 years ( legally ) already and had a 3 year valid visa, which was curtailed after my college issue. ( Had it not been curtailed ( shortened ) I would have been a UK citizen in 2019. I felt that I had wasted 7 years of my adult life. But I decided the life of an illegal immigrant for me was not worth it, As I had really studied hard and could no longer get professional employment, maybe a house, and constantly lived in fear.

The above post is correct in that I had all the information about the law court papers with me The reason I keep them is once I am in Canada , I will seek to re-enter UK again to VISIT as I have family there. And I will show them the reasons I overstayed for 1 year and they may decided to be lenient. Plus I will have proof my life in Canada is going well and have no reason to want to stay In UK )

I DID NOT provide CIC with my letter from the courts. Reason being 1) I applied online and it is very limited to the things you can supply with your application. on the LETTER OF EXPLANATION for online I only gave them a) My statement of purpose - 1 page and very clear and formal ( AND DID NOT MENTION ANYTHING ABOUT MY OVERSTAY OR PREVIOUS VISA REJECTION FOR STUDY VISA FOR IRELAND . b) My sisters sponsor letter ( She lives in the UK , has a very good well paying job, savings, and got letter from her employer. She is also a UK citizen through work and she provided her UK passport ) c) Her bank statement ( which were her online statement from her UK bank ) that showed over 20,000 pounds. c) A letter from my current work colleague - I work in my home country in my mother's company d) A Notarized letter from my mother, very formal stating her plans for retirement and that I will take over management of her company as she is getting to retirement age.

( I never even included any of my transcripts )

That is all I provided CIC.

I think if you over provide them with information it may work against you as you may end up either confusing the CIC officer or they may get irritated going through all your documents as I imagine they have a lot of people to consider. Be clear, precise and to the point.

ANOTHER thing I think was positive for me, is like I said I am well learned. So even though I never showed them my transcripts they may have checked with the University I am going through ( It took me 4 months to get my acceptance with that University, They are very thorough with their checks. Last minute they demanded I do a PTE test and I scored 81 ). So I think my study and work experience showed I am a serious student. Since the age of 18, I have either been involved in work or studying and no gaps.

But all of this are my guesses. But living UK for ME was the best decision I have ever made in my life. Even though it took me a long time to get over it. I was slightly depressed when I came back to my home country. But I picked myself up with the help of reading the right books, picking the correct mentors and having a positive mental attitude. I also Prayed and asked God for strength. But all in all, I believed in my heart more than anything that I was going to Canada. And even though I had moments of doubt like the reason I started this post, I still kept on with my application knowing I would be in Canada. I think that is what Faith is.

I did not use a consultant. The ones in my home country are mostly money hungry who refused to even consider me because my case seemed difficult. From the day I submitted my application myself, it took 6 days to get approved and for me to submit my passport.

 

[mandeep2050]

Hi, I just want to say that it was a very difficult decision for me to leave the UK. I felt very wronged , considering I had been there for 7 years ( legally ) already and had a 3 year valid visa, which was curtailed after my college issue. ( Had it not been curtailed ( shortened ) I would have been a UK citizen in 2019. I felt that I had wasted 7 years of my adult life. But I decided the life of an illegal immigrant for me was not worth it, As I had really studied hard and could no longer get professional employment, maybe a house, and constantly lived in fear.

The above post is correct in that I had all the information about the law court papers with me The reason I keep them is once I am in Canada , I will seek to re-enter UK again to VISIT as I have family there. And I will show them the reasons I overstayed for 1 year and they may decided to be lenient. Plus I will have proof my life in Canada is going well and have no reason to want to stay In UK )

I DID NOT provide CIC with my letter from the courts. Reason being 1) I applied online and it is very limited to the things you can supply with your application. on the LETTER OF EXPLANATION for online I only gave them a) My statement of purpose - 1 page and very clear and formal ( AND DID NOT MENTION ANYTHING ABOUT MY OVERSTAY OR PREVIOUS VISA REJECTION FOR STUDY VISA FOR IRELAND . b) My sisters sponsor letter ( She lives in the UK , has a very good well paying job, savings, and got letter from her employer. She is also a UK citizen through work and she provided her UK passport ) c) Her bank statement ( which were her online statement from her UK bank ) that showed over 20,000 pounds. c) A letter from my current work colleague - I work in my home country in my mother's company d) A Notarized letter from my mother, very formal stating her plans for retirement and that I will take over management of her company as she is getting to retirement age.

( I never even included any of my transcripts )

That is all I provided CIC.

I think if you over provide them with information it may work against you as you may end up either confusing the CIC officer or they may get irritated going through all your documents as I imagine they have a lot of people to consider. Be clear, precise and to the point.

ANOTHER thing I think was positive for me, is like I said I am well learned. So even though I never showed them my transcripts they may have checked with the University I am going through ( It took me 4 months to get my acceptance with that University, They are very thorough with their checks. Last minute they demanded I do a PTE test and I scored 81 ). So I think my study and work experience showed I am a serious student. Since the age of 18, I have either been involved in work or studying and no gaps.

But all of this are my guesses. But living UK for ME was the best decision I have ever made in my life. Even though it took me a long time to get over it. I was slightly depressed when I came back to my home country. But I picked myself up with the help of reading the right books, picking the correct mentors and having a positive mental attitude. I also Prayed and asked God for strength. But all in all, I believed in my heart more than anything that I was going to Canada. And even though I had moments of doubt like the reason I started this post, I still kept on with my application knowing I would be in Canada. I think that is what Faith is.

I did not use a consultant. The ones in my home country are mostly money hungry who refused to even consider me because my case seemed difficult. From the day I submitted my application myself, it took 6 days to get approved and for me to submit my passport.

Thanks for your reply bro i am in the same situation here i have completed my Bachelor's and Master's here in uk and my Visa run out in March 2015 and i submitted my Final Masters Dissertation in July 2015 and i went to one Solicitor to find out if i can apply for some extension and he applied for FLR and which got refused in july 2015. But the main thing is he didn't informed me about refusal in july 2015 and after that in october 2015 home Office sent me an email and they mentioned your application been refused and you should leave country. And after that i contacted my Solicitor and he said he didnt recieved any decision in Post and he requested refusal letter from immigration and then he applied for First tier tribunal appeal. But i didn't Recieved any document from court. So now from october 2015 until now i am here Without visa.
And i i was studying here to settle my self and build my future and now i dont wanna stay here anymore and i want to go back to india and apply for canada.
But i am so confused and stressed. And i dont know What should i do and how i am gonna apply.Because i have completed already Masters here and i want to know can i join masters again or not
Can you please help me with that.
Can you please send me your details i would like to talk to you over the phone.
My email address is sandhu.mandeep3@gmail.com

Thank you so much

 

[canuck78]

Unfortunately if the UK knows you overstayed the misrepresentation may be an issue when it comes to your PR. Given that you got the study visa it seems like the UK has not realized you overstayed because it is highly unusual for someone to overstay in UK/Canada/US/NW/AUS to get a study visa.

 

[exd]

Hi, just an update. I received a letter to submit my passport from CIC. Thank you for all who helped me and assisted me by answering my question. Stay Blessed

congrats mate

 

[Brightsparrow]

T

Unfortunately if the UK knows you overstayed the misrepresentation may be an issue when it comes to your PR. Given that you got the study visa it seems like the UK has not realized you overstayed because it is highly unusual for someone to overstay in UK/Canada/US/NW/AUS to get a study visa.

Trust me the UK knows I overstayed, I have all their letters ( some threatening ), they even gave a file to a third party agent who got my cell number and would send me emails about contacting them so they can arrange for me to voluntarily leave the country.

They even went to look for me at my old address to most likely ( deport me ) the previous tenant said they ( dressed like police officers ) had come to what I most likely think to deport me.

I have never been more stressed in my life like that 1 year, but maybe the universe was on my side, whatever the reason, leaving the UK voluntarily was the best decision I ever made. And this is based on whether or not I Canadian visa. I became physically sick, lost so much weight, and what is worse I left all the friends I had made in 7 years and had to look at their faces filled with pity as they helped me leave ( flee ) the country without being caught. I truly realised only I was going to determine my future, not UKBA, I changed my mindset. They were things I wanted for my life and I knew ( for ME personally ) I could not attain them being an illegal immigrant. I placed my faith in MYSELF, not the UKBA. Nothing is impossible if your motives are pure.

But having said this. I still believe what helped me the most was building a VERY STRONG CASE why I wanted to come back to my home country after my studies.

Just a timeline if anyone is interested

I left UK April 2016 to home country. stayed in home country for 2 months before by absolute chance I got a chance to visit another EU country for a work related competition. I stayed there for 5 months then came back to home country. Stayed in home country from January till now. Started my visa application online for Canada Aug 2nd. Aug 8th got letter to submit passport ( Country undergoing elections so was unable to do so till 14th August ) . Aug 13th online account says my application has been approved.