19 year old, Overstayed in Canada, help? Anyone?

[ganggang33]

(I tried my best to explain this, my parents havent given me the full details.) Hey so im currently 19 i came here with my parents when i was 17 years old. my status was a dependant under my mother. My mum was on a study permit and my dad was on a work permit. I did two years in high school and graduated. Soon after my parents were notified that i had overstayed my stay in canada, and i have to cross the border to renew my visa. My parents ignored the request because they thought i wouldn't be let back into canada if i crossed the border for some reason. Keep in mind i have no knowledge this is going on at the time, my parents kept all this to themselves, they've always kept the "immigration talk" between the both of them. Anyway, they tried to then apply for a study permit for me because im supposed to join college as well. Yet they immigration keep denying the applications because i overstayed my stay. Now i have to go back to my home country and apply from them which is just a really long process. Because application processing from what ive heard takes a while

I just need some advice on this because i hardly know whats going on, i just heard about this today. I didnt make any of these decisions my parents did. I dont wanna go back home as weird as it sounds, canada is kind of my home now. Plus i will be leaving my whole family here. Im kind of scared to be honest, that i might not be let back into canada after this. I just need some advice on what i should do. Or what you think will happen? Or if you've ever been in or heard of a situation like this?

 

[ganggang33]

My dad is on a work permit and my mum is on a study permit

 

[scylla]

It's true that you have to leave Canada to fix your status. You have been out of status in Canada for too long now to fix your status from within Canada. I don't think any of us can tell you what the chances are you will be approved.

You do need a study permit to continue studying in Canada - and you will definitely have to leave Canada and apply for that study permit from your home country. It's possible processing might take some time - I would leave as soon as you can.

When you apply for the study permit, make sure you mention all of your refusals in the application. Also make sure you answer all questions in the application 100% honestly.

 

[ganggang33]

It's true that you have to leave Canada to fix your status. You have been out of status in Canada for too long now to fix your status from within Canada. I don't think any of us can tell you what the chances are you will be approved.

You do need a study permit to continue studying in Canada - and you will definitely have to leave Canada and apply for that study permit from your home country. It's possible processing might take some time - I would leave as soon as you can.

When you apply for the study permit, make sure you mention all of your refusals in the application. Also make sure you answer all questions in the application 100% honestly.

Thank you for your reply. I had overstayed for about 6 months, but i wasnt in canada illegally because my parents had applied for an extension for my TRV but it got denied. Technically, i was in canada legally because your allowed to be in canada when your TRV is being processed. I got a notice saying i have to leave, So now i have to go back to my home country next week. What are the chances they will accept my study permit application?

 

[scylla]

Thank you for your reply. I had overstayed for about 6 months, but i wasnt in canada illegally because my parents had applied for an extension for my TRV but it got denied. Technically, i was in canada legally because your allowed to be in canada when your TRV is being processed. I got a notice saying i have to leave, So now i have to go back to my home country next week. What are the chances they will accept my study permit application?

Applying for a TRV doesn't necessarily give you status in Canada.

When did your status in Canada originally expire? What date? When did your parents apply to extend your TRV?

Based on the refusal letter you received, it sounds like CIC thinks you are in Canada without status.

 

[ganggang33]

so i think my status expired in April of 2016, i came here in October of 2015. Our lawyer applied for an extension i'm assuming a TRV which was valid until September 2016. Thats when it expired. Our lawyer then applied for a extension and a study permit around October last year, which just got denied. Now we got a letter saying i have to leave the country and apply for a study permit from my home town.

My parents basically let me know i haven't been in Canada illegally. Im just wondering if my study permit will be accepted.

 

[PMM]

Hi

so i think my status expired in April of 2016, i came here in October of 2015. Our lawyer applied for an extension i'm assuming a TRV which was valid until September 2016. Thats when it expired. Our lawyer then applied for a extension and a study permit around October last year, which just got denied. Now we got a letter saying i have to leave the country and apply for a study permit from my home town.

My parents basically let me know i haven't been in Canada illegally. Im just wondering if my study permit will be accepted.

1. Your parents are wrong, IRCC says you have no status, so it doesn't matter what your parents state. You don't leave, you can expect that CBSA/IRCC will take steps to remove you.
2. Hard to say if the study permit will be accepted. Depends on the funds you are able to show, the school acceptance. The 6 months overstay could be a deal breaker in that you didn't leave or extend your status when it expired.

 

[canuck_in_uk]

so i think my status expired in April of 2016, i came here in October of 2015. Our lawyer applied for an extension i'm assuming a TRV which was valid until September 2016. Thats when it expired. Our lawyer then applied for a extension and a study permit around October last year, which just got denied. Now we got a letter saying i have to leave the country and apply for a study permit from my home town.

My parents basically let me know i haven't been in Canada illegally. Im just wondering if my study permit will be accepted.

You need to find out actual dates. You can't just guess.

When did your original status expire?
When was the visitor extension applied for?
When was the visitor extension refused?
When was the study permit app submitted?
When was the study permit refused?

 

[scylla]

so i think my status expired in April of 2016, i came here in October of 2015. Our lawyer applied for an extension i'm assuming a TRV which was valid until September 2016. Thats when it expired. Our lawyer then applied for a extension and a study permit around October last year, which just got denied. Now we got a letter saying i have to leave the country and apply for a study permit from my home town.

My parents basically let me know i haven't been in Canada illegally. Im just wondering if my study permit will be accepted.

Based on the dates you've provided, you've been in Canada illegally / without status since your TRV extension expired in September 2016. The letter you received from CIC confirms you have no status in Canada. If you had status in Canada, the letter would have been worded differently and would not have said that you need to leave the country.

You need to make sure you know what applications have been submitted for you so far and which have been refused. You will need to include this information in detail when you apply for the study permit.

 

[rish888]

I'm sorry that you got caught up in it.

You need to find out your exact immigration history. I cannot stress this enough. Find out your exact immigration history in Canada.

However, based on the information at hand, it seems like you need to leave given that you've been out of status for a while.

Hopefully the study permit app works out. No one can quantify your chances, just hope for the best.

 

[ganggang33]

thank you all for your replies. My mum told me im not illegally in canada because when our lawyer applied for an extension of my TRV as it was getting processed i was still in Canada. My mum says that you can still be in Canada when they are processing your TRV extension. Once we got the denial they sent us a letter saying i have to leave Canada and apply from outside the border.

 

[Betula]

thank you all for your replies. My mum told me im not illegally in canada because when our lawyer applied for an extension of my TRV as it was getting processed i was still in Canada. My mum says that you can still be in Canada when they are processing your TRV extension. Once we got the denial they sent us a letter saying i have to leave Canada and apply from outside the border.

You write "Our lawyer applied for an extension i'm assuming a TRV which was valid until September 2016. Thats when it expired. Our lawyer then applied for a extension and a study permit around October last year, which just got denied."

You can ONLY take advantage of the implied status (=stay in the country when your old permit has expired but new one is in process) if the new application was submitted before the old one expired. If the old permit expires and you spend even a few days without status and then reapply, it is not an implied status. In that case you need to apply first for restoration of status, within 90 days of status expiry. Therefore, it is also my understanding from this that you have been in the country illegally since Sept 2016 if "around October" means after September 2017 even, this is probably the reason why the application got denied. If you lose your status in Canada and fail to restore it, you have to apply from outside, as you have been advised.

Sorry to hear about your tricky situation that you have ended up in. Immigration is a sensitive matter and "thinking" or "assuming" is very different from knowing, and can get you into a lot of trouble...