URGENT | Overstayed Study Permit Due to Suicide Attempt

[biskarachi]

My friends student permit expired in August 2022 and since he was suicidal he never applied again thinking he would be dead before it was needed. He continued studying and was finally caught during a very serious suicide attempt in October 2023. His family then immediately had him return to his home country.

He then applied for a study permit renewal in Nov 2023 and just got rejection in Dec 2023, stating they don't believe he won't overstay again. He had submitted doctors notes regarding his mental health issues, letter from the university doctor, and proof of funds for the remaining 1 year of his program.

What are some next steps he can avail? It was a very genuine reason, he can't start over again at age 24 in his home country as most of the money was spent studying in Canada, and there's only enough left to complete his degree. He's taking steps to work on his mental health now as well.

Please let me know of any options available at all, we are extremely desperate.

 

[Naturgrl]

My friends student permit expired in August 2022 and since he was suicidal he never applied again thinking he would be dead before it was needed. He continued studying and was finally caught during a very serious suicide attempt in October 2023. His family then immediately had him return to his home country.

He then applied for a study permit renewal in Nov 2023 and just got rejection in Dec 2023, stating they don't believe he won't overstay again. He had submitted doctors notes regarding his mental health issues, letter from the university doctor, and proof of funds for the remaining 1 year of his program.

What are some next steps he can avail? It was a very genuine reason, he can't start over again at age 24 in his home country as most of the money was spent studying in Canada, and there's only enough left to complete his degree. He's taking steps to work on his mental health now as well.

Please let me know of any options available at all, we are extremely desperate.

I am sorry he is in this situation and has a plan in place to work on his mental health issues. What were reasons for refusal? He cannot renew a permit. He had to apply for a new one. So he overstayed in Canada for a year, left the country in October 2023 and reapplied in November 2023. How did he get his care under control in a month?

He isn’t eligible for a PGWP following studies so can he complete the remaining courses online without coming to Canada? Given such a long overstay and studying illegally, he didn’t follow the conditions on his permit so chances are low for approval. IRCC will be concerned he has no plans to leave Canada. Did he show career opportunities once he completes his program and a plan for leaving as soon as he studies are over.

 

[biskarachi]

I am sorry he is in this situation and has a plan in place to work on his mental health issues. What were reasons for refusal? He cannot renew a permit. He had to apply for a new one. So he overstayed in Canada for a year, left the country in October 2023 and reapplied in November 2023. How did he get his care under control in a month?

He isn’t eligible for a PGWP following studies so can he complete the remaining courses online without coming to Canada? Given such a long overstay and studying illegally, he didn’t follow the conditions on his permit so chances are low for approval. IRCC will be concerned he has no plans to leave Canada. Did he show career opportunities once he completes his program and a plan for leaving as soon as he studies are over.

He's been seeing a therapist now a lot more actively and has been put on a 2 year plan with anti depressants. Can you clarify why he isn't eligible for PGWP? He did initially want to complete studies and work there only. Reason for refusal was that "purpose of your visit to Canada is not consistent with a temporary stay given details provided". And yes, he had applied for a new one.

Please, what are next steps for continuing studies and working in Canada?

 

[Naturgrl]

He's been seeing a therapist now a lot more actively and has been put on a 2 year plan with anti depressants. Can you clarify why he isn't eligible for PGWP? He did initially want to complete studies and work there only. Reason for refusal was that "purpose of your visit to Canada is not consistent with a temporary stay given details provided". And yes, he had applied for a new one.

Please, what are next steps for continuing studies and working in Canada?

Are your dates correct? His permit expired in August 2022, and he continued studying for a year? He is not eligible because he has to be a full time student with no breaks. He studied illegally without a permit too and has been off too long. So he is not eligible. That is why he needs to see if he can complete the rest of his program online as there is no point in spending all that money to finish the year. Get the degree and find a job in his home country.

If he wants a PGWP, then he needs to start a new program and start over. But he still needs permit approval.

Order GCMS notes but given his overstay and illegal studies, he really was correctly refused as he didn’t follow immigration rules. He has to prove he will not overstay. What is the plan when he gets to Canada? Does he have a mental health team in place with the funds to pay for it? Does he have support from admissions at the school?

 

[scylla]

My friends student permit expired in August 2022 and since he was suicidal he never applied again thinking he would be dead before it was needed. He continued studying and was finally caught during a very serious suicide attempt in October 2023. His family then immediately had him return to his home country.

He then applied for a study permit renewal in Nov 2023 and just got rejection in Dec 2023, stating they don't believe he won't overstay again. He had submitted doctors notes regarding his mental health issues, letter from the university doctor, and proof of funds for the remaining 1 year of his program.

What are some next steps he can avail? It was a very genuine reason, he can't start over again at age 24 in his home country as most of the money was spent studying in Canada, and there's only enough left to complete his degree. He's taking steps to work on his mental health now as well.

Please let me know of any options available at all, we are extremely desperate.

He has three choices:
- Apply again and try to put together a stronger application
- Appeal the decision with the help of a lawyer in Canada
- Request reconsideration on the decision through a webform (IRCC may or may not reconsider the request)

As said above, he should be aware that he will not qualify for a PGWP after he finishes his studies since his studies have not been continuous in Canada.

 

[biskarachi]

Are your dates correct? His permit expired in August 2022, and he continued studying for a year? He is not eligible because he has to be a full time student with no breaks. He studied illegally without a permit too and has been off too long. So he is not eligible. That is why he needs to see if he can complete the rest of his program online as there is no point in spending all that money to finish the year. Get the degree and find a job in his home country.

If he wants a PGWP, then he needs to start a new program and start over. But he still needs permit approval.

Order GCMS notes but given his overstay and illegal studies, he really was correctly refused as he didn’t follow immigration rules. He has to prove he will not overstay. What is the plan when he gets to Canada? Does he have a mental health team in place with the funds to pay for it? Does he have support from admissions at the school?

Hello,
Yes, he continued studying for a year. He can't complete the degree online as it requires labs.
Can you clarify regarding GCMS?
And yes, he does have a mental health plan in place with the funds and support from the school.
I believe there's a 6 month penalty for overstaying, after which he will apply again. Any advice on how to make the application stronger so that at least he is able to finish the degree and doesn't have to restart?

 

[biskarachi]

He has three choices:
- Apply again and try to put together a stronger application
- Appeal the decision with the help of a lawyer in Canada
- Request reconsideration on the decision through a webform (IRCC may or may not reconsider the request)

As said above, he should be aware that he will not qualify for a PGWP after he finishes his studies since his studies have not been continuous in Canada.

Hi,
Any idea on how to make a stronger app? He's already consulting lawyers and planning accordingly - they were in loop for the current permit as well.
How does one request reconsideration? There was no option given. And any advice on how to make the reconsideration request strong enough?

 

[Shmiler]

My question is why was he suicidal in the first place and what is going to stop that happening again? If he is returning to the same place, doing the same thing with no support in place why will the outcome be any different?

Seems like the core issue isn't being dealt with effectively, and once again there is some mad desire to get to Canada at seemingly any cost...

 

[Naturgrl]

Hi,
Any idea on how to make a stronger app? He's already consulting lawyers and planning accordingly - they were in loop for the current permit as well.
How does one request reconsideration? There was no option given. And any advice on how to make the reconsideration request strong enough?

I don’t think reconsideration is not an option as he was rightly refused. He overstayed and studied for over a year without a study permit which is serious. Reconsideration is an option if there was an error in law with the documents provided in the application. There is no error in law. If he wants to not reapply, send a webform asking for reconsideration.

Explain the steps he is taking to support his mental health. He needs to show that he has a “core” team in place when he comes back to Canada that is supporting his mental health issues. Show that he has appointments lined up with therapists, counsellor etc. to help him succeed and finish his studies. He needs to explain how in just a two months from his suicide attempt in October that he has improved enough to complete his studies. So he needs to include doctor’s or counselling notes.

He also needs to write a note explaining that he knows that he will not get a PGWP but wants to finish his program. Explain what job he can get when he returns. Include a note from the school that finishing online is not an option, and he must be in-person.

If he doesn’t want to apply, he can apply for Judiciall Review with the help of a lawyer. His case goes to court and if successful, his application wlll be reviewed again by an officer. It can still be refused.