Authorization To Return to Canada/Study Permit (ARC)

[vrpatel801]

Hi,

I received a study permit in 2012. Unfortunately my permit expired but I overstayed and studied as well as worked. I received an expulsion order. I'm still enrolled in university there. I would like to return but my 1 year will be up in December. I returned to India but would like to apply for a study permit and an ARC. How likely is it that I will be granted them? I'd really appreciate any help in this!

 

[scylla]

I would wait until the exclusion order is over before trying to apply for another study permit. CIC typically takes a long time to process ARCs for exclusion orders. If you apply for an ARC, it will most likely be approved in December - right around the time your exclusion order expires. I would forget about the ARC and wait for the exclusion order to end.

 

[vrpatel801]

Thank you! How likely is it for me to be granted a study permit again?

 

[scylla]

I think you have your work cut out for you given the overstay and illegal work. You haven't said how long you were in Canada without status and working illegally - that will make a difference in the answer. Getting a study permit again is by no means guaranteed since you abused your visa privileges in the past. While you are back in your home country, you should focus on developing strong ties (e.g. employment, going to school there). That may help with the visa application process. You might also want to consider waiting a couple of years before applying to re-enter Canada.

 

[vrpatel801]

Hi Scylla. Thanks again for the reply. Well the thing is that I tried to apply for a study permit but my passport was being renewed as well. And since no passport, no visa. And then it was too late. So I stayed for 2 years which is a long time. But I wish to go back and finish my studies. Both my parents live here but my brother is in Canada as well. The maximum time I've spend in India has been 2 years for the last 20 odd years. Also, because the education system is different here, instead of a bsc which I was doing there, I can only get admission in a Bachelor of Arts program here. Is there any way I can write a letter explaining my situation and apologising profusely and begging for a second chance and manage to get a study permit to go back?

 

[scylla]

Two years is a very long overstay - the fact you studied and worked illegally makes it worse. You can certainly write a letter - however I do think it may be difficult to get a study permit again in the near future. The fact you've only spent 2 years in the last 20 in India is unfortunately a minus since it will be more difficult for you to demonstrate ties to your home country. Same goes for the fact that your parents and brother live in Canada. This will unfortunately work against you.

But again, by all means write a letter and try to get another study permit once the exclusion order expires. Maybe you'll get lucky and the visa officer will be sympathetic. I do think you should start thinking what your "plan B" is in the event the study permit is refused and you're unable to return to Canada in the near future. I think that's a real possibility.

Good luck.