About to be locked out of the country at 16 years old.

[throwaway25james]

Long story short, I accidentally overstayed my study permit as I was not aware at the time of what status I should have pursued. This was a massive misunderstanding and I genuinely did not want to overstay. Regardless, when trying to submit a new study permit, IRCC told me to leave the country within the next 30 days as I had overstayed my previous study permit. I obliged and will now leave the country TOMORROW, but my ETA to reenter Canada is still processing as my overstay is impacting my eligibility. WHAT SHOULD I DO? I'm literally 16 years old, about to be left alone in a foreign country, while my parents are working in Canada on valid work permits and I have one year left of high school. I am unsure how I can even rectify my overstay so that it doesn't impact my ETA, as I talked to CBSA yesterday in person to no avail. They simply "left a note on my file". I NEED my ETA to go through in the next 48 hours. Has anyone got any tips? I've tried calling the IRCC number, but as we all know, they never pick up.

 

[scylla]

Long story short, I accidentally overstayed my study permit as I was not aware at the time of what status I should have pursued. This was a massive misunderstanding and I genuinely did not want to overstay. Regardless, when trying to submit a new study permit, IRCC told me to leave the country within the next 30 days as I had overstayed my previous study permit. I obliged and will now leave the country TOMORROW, but my ETA to reenter Canada is still processing as my overstay is impacting my eligibility. WHAT SHOULD I DO? I'm literally 16 years old, about to be left alone in a foreign country, while my parents are working in Canada on valid work permits and I have one year left of high school. I am unsure how I can even rectify my overstay so that it doesn't impact my ETA, as I talked to CBSA yesterday in person to no avail. They simply "left a note on my file". I NEED my ETA to go through in the next 48 hours. Has anyone got any tips? I've tried calling the IRCC number, but as we all know, they never pick up.

There's no way to expedite an eTA or to make the eTA be approved within the next 48 hours. The processing of the eTA will take as long as it takes. Based on experiences on this forum, any eTAs that are not standard are generally taking a few months to be approved. Even with an approved eTA, re-entery to Canada is not guaranteed.

Recommend that your parents hire an immigration lawyer to assist you with next steps. For example, restoring your status without leaving Canada may be an option depending on when you fell out of status.

Immigration lawyer is your next best step and you shouldn't leave Canada until you have consulted with one.

 

[throwaway25james]

Hey there,

Thank you so much for replying. I understand you recommend me to remain in Canada, but I HAVE to leave otherwise they will deport me, according to the CBSA. Furthermore, I am unable to restore my status as a student as it has been over 90 days when my study permit expired. Do you know any immigration lawyers that can help?

 

[scylla]

Hey there,

Thank you so much for replying. I understand you recommend me to remain in Canada, but I HAVE to leave otherwise they will deport me, according to the CBSA. Furthermore, I am unable to restore my status as a student as it has been over 90 days when my study permit expired. Do you know any immigration lawyers that can help?

There may be other options like a TRP.

This forum is paid for by a lawyer. If you click on the "cohen immigration law" at the top left hand of the screen, you will see their contact info. Suggest you call them.

FYI - it's unlikely they would initiate deportation against you immediately.

 

[throwaway25james]

I read about the TRP, and it says that I can apply for one at the port of entry. However, I believe I need an ETA to board a plane and get to the port of entry… how would this work?

 

[scylla]

I read about the TRP, and it says that I can apply for one at the port of entry. However, I believe I need an ETA to board a plane and get to the port of entry… how would this work?

It won't. You need the eTA to board the plane.

The only way that applying for a TRP at the border is possible without an eTA is if you are coming from the US through a land border crossing.

The option you have is to apply for a TRP from within Canada without leaving.

Again, you really need to speak with a lawyer.

 

[PMM]

Hi

Long story short, I accidentally overstayed my study permit as I was not aware at the time of what status I should have pursued. This was a massive misunderstanding and I genuinely did not want to overstay. Regardless, when trying to submit a new study permit, IRCC told me to leave the country within the next 30 days as I had overstayed my previous study permit. I obliged and will now leave the country TOMORROW, but my ETA to reenter Canada is still processing as my overstay is impacting my eligibility. WHAT SHOULD I DO? I'm literally 16 years old, about to be left alone in a foreign country, while my parents are working in Canada on valid work permits and I have one year left of high school. I am unsure how I can even rectify my overstay so that it doesn't impact my ETA, as I talked to CBSA yesterday in person to no avail. They simply "left a note on my file". I NEED my ETA to go through in the next 48 hours. Has anyone got any tips? I've tried calling the IRCC number, but as we all know, they never pick up.

1. If your study permit expired less that 90 days, your parents will have to apply for restoration as you are minor.
2. See:; https://www.canada.ca/en/immigratio...end-your-stay-canada-student.html#restoration