hello how are you my name is sahil and I am from Pakistan.My dad was a business man and from 2000 our family is going to US and Europe during summer holidays and we were living happy life.We had b1/b2 visa and went just for holidays until my dad business collapsed and he couldn’t come with us as he was tangled in business matter but me,my mom and my brother went to US in 2013 on our visit visa so our study doesn’t get distributed .I was 15 at that time and had no idea that we can’t live on vist visa more then 6 months and my mom didn’t have enough knowledge on this thing so we overstayed our visa.My dad business partner didn’t help us to resolve our issue and betrayed us and basically we were at our own and we had no idea about our status.Life was really tough and after 2 years we found out about our overstayed statutes and I was worried that I couldn’t go to college because of that.Then we decided after 4 year of struggle with no ID to apply for asylum because we know that we couldn’t go back and we successfully did but tragedy stuck us when we applied for asylum after two months of it we got news that our dad suffered heart attack and was in really bad condition.I still remember that dad how much my mom cried and then after all that we decided to withdraw from asylumncase and came back voluntarily.My dad business is still not stable but when I come back my uncle promised me that he will pay for my college if I get admission.I have a 3.9 GPA and don’t have any criminal record and already applied for my summary check.In those tough times I always worked hard and study hard and never let my grades go down.Never even broke a signal and didn’t even have intend to overstay my visa because I was a kid at that time and didn’t even know about it.But in all these tough times I never give up on study and pretty much have straight A,s in every subject so now I am applying to Canada for study permit and wanna ask does this 10 year US ban affect me even though I have no criminal record and no idea when we overstayed our visa and had good behavior in my school plus it was not my intend to overstay my visa and now wanna Persue my degree because I worked hard in these tough times and want to see my future bright thank you.
ASAP help on important study permit question.please only relevant answers thank you
- Thread starter Sahil Haider
- Start date
The chances of a Canadian study permit being approved are extremely low in your case (probably nil) given the overstay and asylum application in the US. To be approved for a study permit in Canada, you must demonstrate strong ties to your home country and prove you have no plans on remaining in Canada long term. The overstay in the US and the asylum application will make this extremely difficult to prove. Yes - you are still impacted even though you were 15 when you first came to the US.
The 10 year US ban does apply to you since you were over 18 years old by the time you had left the US. So unfortunately you need to forget about returning to the US for the next 10 years.
The 10 year US ban does apply to you since you were over 18 years old by the time you had left the US. So unfortunately you need to forget about returning to the US for the next 10 years.
Just to add to my response above - if you decide to apply for a Canadian study permit, make sure you are 100% honest about your immigration history in the US. The US and Canada share information - so even if you don't declare it, Canada will find out. Failing to declare it will result in a refusal and likely a 5 year ban from Canada for misrepresentation.
I have strong ties to my country because all of my family is here and I am also planning to open business with my Uncle when I finish my studies and yes off course I will speak truth to them because I have nothing to hide and it is not my mistake and because of my dad condition I had to come back it was tough but I can’t leave my dad and that’s why have to left asylum.When my dad business was stable we never overstay our visa and always came back during our time and if we intended to overstay we would have never came back so I think it is not my mistake and I shouldn’t be punished about it and all I want to do is study and trust me in these tough times getting 3.9 GPA was not easy thank you.
Unfortunately CIC will likely view your ties as relatively weak due to your past immigration history. It doesn't matter that it wasn't your mistake - CIC will still most likely hold it against you. Family typically isn't regarded as a tie unless you are leaving behind a spouse and/or children. But again, you can certainly try applying and see what happens.
How long has it been since you returned to your home country and when do you intent to begin your studies in Canada? Given how long you were out of status in the US and the asylum application, I would recommend waiting at least a year (better two years) from the time you returned home before applying for a study permit to Canada.
How long has it been since you returned to your home country and when do you intent to begin your studies in Canada? Given how long you were out of status in the US and the asylum application, I would recommend waiting at least a year (better two years) from the time you returned home before applying for a study permit to Canada.
When I will apply for study permit it will be almost 10 months since we are back but my highschool will be done in a week and I don’t want to take a gap year and will apply right away plus I will tell them everything honestly and if they will see my pervious record we went like 3 to 4 times to US never over stayed our visa until my dad business collapse and our record is pretty good and also we have visited Europe and never overstayed there so you can probably see that it was not done on purpose and yea rest of that I will to god and let’s see what happens.Plus people are saying that I should also apply for Australia because visa approval rate is more there thank you.
Agreed with above. The asylum application and returning to your home country will like be viewed as unfavourable and a risk of overstay or claiming asylum in Canada. You would be wiser to attempt to establish new travel history for countries that require visa's or study in other countries in the region (Singapore, Europe, Australia) before attempting to apply in Canada.
Why would I apply asylum in Canada if I would have to go with asylum I would have never come back and my whole family will be back home so I will not apply asylum all I want to do is study and get my degree because I have worked really hard for this and I don’t know why everybody take it in a negative way that if I have overstayed in US which was not my mistake I will do this again.I am sensible now and know that what are visa requirements and know the most important thing is get a degree and come back home to start a business.I was 15 that time didn’t even know about visa or overstay.
We are not being negative on purpose. We are being honest about how CIC will likely view your case based on how we have seen them handle other cases on this forum. We see many many study permit refusals here due to lack of ties for individuals with normal profiles (i.e. without overstays). The overstay definitely complicates your situation. We don't want to lie to you and tell you that everything is going to be OK. Yes - there's always a possibility you may be approved. However the overstay significantly increases your risk of a refusal and unfortunately your parents' past choices may impact your ability to study in Canada.
Something you will want to do is include a statement of purpose with your application to explain why you want to come to Canada to complete your studies and why you can't complete these studies in your home country. In this letter, I think you will also want to address both the overstay and refugee claim.
Good luck.
My uncle right now is offering me a job to work with him in his leather business and do marketing for him and also told me that after my studies I can be his partner or open my own business.Should I include that in my application that I am already have a job in my Uncle business and will come back after my study and also is it a good idea to hire a attorney in Canada to represent my case to CIC and again thank you for your honest answers.Plus college or University does this affect in which college or I university I go.
A job offer with your uncle won't hold that much weight unfortunately - it's pretty easy to get a job offer from a relative. It would be better if you could get a job offer from a large and established corporation in Pakistan. However if you can't do that, the job offer from your uncle is better than nothing.
I would recommend you apply to a top university and plan to take a bachelor degree in Canada.
Whether you work with a lawyer or not is up to you. A lawyer won't increase your chances of approval - just help you to complete the application.
I would recommend you apply to a top university and plan to take a bachelor degree in Canada.
Whether you work with a lawyer or not is up to you. A lawyer won't increase your chances of approval - just help you to complete the application.
I heard they can represent you in the court if your case is refused and is Australia a better option then Canada and should I tell them this overstay thing or they will already know about it. Thank you.
Unfortunately, there is no real appeal for a Student visa if they reject your application. Hiring a lawyer to represent you, as noted, does nothing than help assembly your application. They don't get to physically talk to the immigration officer making the decisions. Essentially, you would have to apply again and address the refusal reasons. Canada shares immigration information with the US, so your entire history in the US is available to them to review (Australia probably also has this information). I would, as pointed out, complete at least a portion of your education at home and then apply to Canada/Australia.
http://www.cic.gc.ca/English/helpcentre/answer.asp?qnum=422&top=16
If I open my own business in my country and establish it well and make it a big business.So because of it after a year or two can I get visa for Canada,Australia,germany or US to expand my business or go talk to potential future business partners.I heard that if you have strong ties to your country and you have a big business they will give you visa plus you can also invest and get immigration thank you.
That’s a bit different than a study visa. Again, you would need to show strong ties and strong reasons to come to Canada, and again your deportation and refugee claim would be considered in issuing any visa to Canada. I can’t speak about Australian or European requirements for a visa, but your chances of ever going back to the US are zero, regardless of where you live or the country of citizenship. You will have a permenent ban from the US.
At this time, there really isn’t going to be much chance of you gaining any visa to Canada. Business, study or travel. Your immigration history has effectively made you a risk of overstaying in Canada, whether your fault or not. You will need to spend the next several years establishing yourself again and gain a credible immigration and travel history before IRCC will consider you for entry to Canada.
You are certainly welcome to apply to Canada anytime you choose, but don’t expect a positive result until you can convince IRCC there is no risk of you overstaying.
At this time, there really isn’t going to be much chance of you gaining any visa to Canada. Business, study or travel. Your immigration history has effectively made you a risk of overstaying in Canada, whether your fault or not. You will need to spend the next several years establishing yourself again and gain a credible immigration and travel history before IRCC will consider you for entry to Canada.
You are certainly welcome to apply to Canada anytime you choose, but don’t expect a positive result until you can convince IRCC there is no risk of you overstaying.
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