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How can i stay in canada

mahira

Newbie
Nov 21, 2019
5
0
hello good evening all
I am international student from india i want to know my visa expired 1 year ago and i have not extended as i was having financial problems now if i apply again there will be issue regarding my illegal stay.
what can i do because i don't want leave canada.
i dont have any status in canada i am illegal here please give me some suggestions.


Thankyou
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
hello good evening all
I am international student from india i want to know my visa expired 1 year ago and i have not extended as i was having financial problems now if i apply again there will be issue regarding my illegal stay.
what can i do because i don't want leave canada.
i dont have any status in canada i am illegal here please give me some suggestions.


Thankyou
Of course there will be an issue. You have been in Canada illegally for a year and if you were having financial problem, safe to assume you have been working illegally.

You have no way of legalizing your status from within Canada. You need to leave.
 

mahira

Newbie
Nov 21, 2019
5
0
Of course there will be an issue. You have been in Canada illegally for a year and if you were having financial problem, safe to assume you have been working illegally.

You have no way of legalizing your status from within Canada. You need to leave.
can i apply as a refugee.?
 

mahira

Newbie
Nov 21, 2019
5
0
Are you seriously asking if you can submit a fake refugee claim because you can't afford to finish school? No.
i talked with my lawyer he told to apply as Destitute Open Work Permit. is he lying to me because if there will be no solution i will leave canada asap.
 

hawk39

Hero Member
Mar 26, 2017
672
265
i talked with my lawyer he told to apply as Destitute Open Work Permit. is he lying to me because if there will be no solution i will leave canada asap.
I think your lawyer is lying to you. According to this guideline, you may be granted an open work permit if you are a destitute student with a valid visa for the school term. Since your visa has expired a year ago, you don't have any legal status to stay in Canada so I don't think you could qualify for any kind of work permit.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
i talked with my lawyer he told to apply as Destitute Open Work Permit. is he lying to me because if there will be no solution i will leave canada asap.
He is lying. As I already said, you have no way of legalizing your status within Canada. You have to leave.
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
fake claim
Just accept that you need to leave given you probably have zero chance of a refugee claim fake or otherwise.

You have already out welcomed your stay illegally by a year, assuming you worked illegally as well and IRCC/CBSA already through your study permit application have a file on you. So to now suddenly say after being in the country illegally for a year that should you return to India that your life could be at risk if for example you used that in your refugee case would be a stretch .

Accept you have to leave, get your financial situation in order at home and look at applying again in the future, the longer you stay illegally the harder this will become.
 

Jets13

Hero Member
Dec 12, 2016
783
177
fake claim
doing fake claim is a bad idea, it will likely get rejected then with a refugee claim on your file it would be hard to go to other countries too. Other countries would not let you in thinking you will try claim there.
 

leonie

Member
Oct 29, 2019
13
0
hello good evening all
I am international student from india i want to know my visa expired 1 year ago and i have not extended as i was having financial problems now if i apply again there will be issue regarding my illegal stay.
what can i do because i don't want leave canada.
i dont have any status in canada i am illegal here please give me some suggestions.


Thankyou
1) if the writer's partner was to apply for him/her under marriage or common law would overstaying have an impact on the application?
2).Would him/her have to leave the country once partner applies for him/her or be able to stay and get a work permit?
3)would immigration really care if someone overstayed if they are leaving the country voluntarily considering that there are people who live years illegally in countries?
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
1) if the writer's partner was to apply for him/her under marriage or common law would overstaying have an impact on the application?
2).Would him/her have to leave the country once partner applies for him/her or be able to stay and get a work permit?
3)would immigration really care if someone overstayed if they are leaving the country voluntarily considering that there are people who live years illegally in countries?
1 and 2. Entering into a fake relationship to gain immigration status is illegal.

3. Of course they care. This person stayed here and worked illegally. Leaving voluntarily doesn't negate the fact that they broke the law.
 

leonie

Member
Oct 29, 2019
13
0
1 and 2. Entering into a fake relationship to gain immigration status is illegal.

3. Of course they care. This person stayed here and worked illegally. Leaving voluntarily doesn't negate the fact that they broke the law.
sorry what i meant to ask is
1)if the international student who overstayed was in a *genuine relationship* and they were sponsored by Canadian Citizen would overstaying as a student make the immigration agent look at that fact?

OR because the person is no longer considered a student immigration would only deal with the the sponsorship by the canadian citizen?.