Study Permit and TRV refused. Any information appreciated

[Muj]

Hello, I am student in Canada and over the years I have made certain mistakes and I would like to question about them. While I was a student I changed my program couple of times and once I completed my one year program I didn't apply for my Work Permit within 90 day period and I got refused for the same, the second time I applied for the open work permit was after another year of different program and I was refused for having off between two semesters. After realizing this, I applied for study permit again to continue my education, however I was refused again for my college's fault, since they didn't mention that I was already registered for the program, all they said was I was expected to return to the program and continue my second year. The officer was not convinced and he refused my permit.

After the refusal I lost my status and then I applied for a TRV through my lawyer on medical grounds. It has been in process for about 5 months and I got the refusal again for TRV. They mentioned in the letter that I lost my status and I applied for TRV after my refusal of the status and hence I should be leaving Canada.

I am not sure what to do at this point. I met some Immigration lawyers and they asked me not to leave since there is no guarantee that I could be coming back if I apply again through any stream. However, on the other hand I see people getting refused and leaving Canada for many other different reasons and re entering Canada on a later date, I am really confused as to what to do right now. One of the lawyer advised me to make a relationship in Canada (with my gf), but by all means I don't want to get in trouble, I would like to know what could be the best way to handle this situation.

 

[scylla]

Based on your previous posts, you've been in Canada without status since June or July of last year. Is that correct?

 

[Muj]

I lost status in June and applied trv in August and recieved the refusal for trv last week.

 

[Muj]

I have been on and off with my spouse since she lives in a different province, but I didn't declare common law and I don't have much proof for common law. I have some bank transactions and rental agreement in both names. My partner is currently on a Work Permit which will expire 2019 december.

 

[russ6970]

You cannot apply for common-law as you don't live together. It seems you have ran out of options in my opinion.

 

[Muj]

I can get a offer letter for continuing my education from my college, go back and re-apply again. At the same time I am scared that I could get refused again.

 

[Miraclejj]

I can get a offer letter for continuing my education from my college, go back and re-apply again. At the same time I am scared that I could get refused again.

IMO, based on your immigration record, your study permit will have pretty much zero chance to be approved, unfortunately.

 

[Muj]

thanks for the information guys.

 

[Muj]

Based on your previous posts, you've been in Canada without status since June or July of last year. Is that correct?

I lost status in June and applied trv in August and recieved the refusal for trv last week.

 

[scylla]

I can get a offer letter for continuing my education from my college, go back and re-apply again. At the same time I am scared that I could get refused again.

You would need to leave the country and apply from outside of Canada. You've been out of status in Canada for far too long to apply for a study permit, work permit or visitor status. And restoration is no longer an option. Truthfully your best option at this point is to leave Canada as soon as you can. The longer you stay, the more complicated and difficult it will be to return in the future.

 

[Muj]

You would need to leave the country and apply from outside of Canada. You've been out of status in Canada for far too long to apply for a study permit, work permit or visitor status. And restoration is no longer an option. Truthfully your best option at this point is to leave Canada as soon as you can. The longer you stay, the more complicated and difficult it will be to return in the future.

Thank you. Just last question, if I apply in future will the officer not look at me with discrimination since I overstayed?

 

[scylla]

Thank you. Just last question, if I apply in future will the officer not look at me with discrimination since I overstayed?

Yes - it's quite possible your overstay may be a problem. Return to your home country asap and then wait 8-12 months before applying to return to Canada.

 

[Muj]

Yes - it's quite possible your overstay may be a problem. Return to your home country asap and then wait 8-12 months before applying to return to Canada.

Thank you, I am positive that must be the best decision for me at the moment. I would like to ask if there are chances for me to apply under humanitarian grounds considering my stay in Canada from 2011, not to forget that I have good family ties in Canada. My sister lives here and all my maternal aunts their kids and their kids live here. I am a minority back home (India) and I wouldn't be able to survive there with the education I have right now(diploma). What is your feeling about it?