How forgiving is Canada for an overstay

[Muj]

I have a good history with Canada, meaning that I never worked or studied without authorization. Has never been convicted for any activity, after my restoration was refused I applied for a TRP and that made me overstay for 6 months. After 8 months my TRP was refused as well, so I contacted a new lawyer firm and they had advised me to complete initial processing for a fresh Study Permit application and then leave Canada willingly. By the end of my processing and covering up my case it almost took another 7 months. I ordered the GCMS notes and I don't have any inadmissibility, misrepresentation on file.

My lawyer advised me that we should ask for forgiveness and present the case as a serious student and improve the facts around the situation. They also mentioned that my case has high chances of refusal. One of the firm mentioned that I will never be able to get any permit in Canada, however the firm I am working with right now has been in business for 40 years and they handled similar cases.

Also, my GCMS notes mentioned one important point which gave me a ray of hope. It said, 'client is not eligible for a TRP and client has not mentioned any impediments that would restrict him from returning to his home country in order to apply for the required documents to regularize his status. He can use regular mechanism in place in order to deal with his status issue.'

I am not sure what to conclude from this. I have mixed feelings right now and would like to get some clarity for the situation.

 

[scylla]

I have a good history with Canada, meaning that I never worked or studied without authorization. Has never been convicted for any activity, after my restoration was refused I applied for a TRP and that made me overstay for 6 months. After 8 months my TRP was refused as well, so I contacted a new lawyer firm and they had advised me to complete initial processing for a fresh Study Permit application and then leave Canada willingly. By the end of my processing and covering up my case it almost took another 7 months. I ordered the GCMS notes and I don't have any inadmissibility, misrepresentation on file.

My lawyer advised me that we should ask for forgiveness and present the case as a serious student and improve the facts around the situation. They also mentioned that my case has high chances of refusal. One of the firm mentioned that I will never be able to get any permit in Canada, however the firm I am working with right now has been in business for 40 years and they handled similar cases.

Also, my GCMS notes mentioned one important point which gave me a ray of hope. It said, 'client is not eligible for a TRP and client has not mentioned any impediments that would restrict him from returning to his home country in order to apply for the required documents to regularize his status. He can use regular mechanism in place in order to deal with his status issue.'

I am not sure what to conclude from this. I have mixed feelings right now and would like to get some clarity for the situation.

Your immigration history in Canada will make it more difficult for a future study permit to be approved. It's too bad you didn't leave after restoration was refused rather than applying for a TRP - that would have put you in a better position now. When you reapply for a study permit, you will want to show strong ties to your home country to overcome your immigration history in Canada. You will also want to make sure the further studies you plan to take in Canada make sense in light of your previous education and work experience. You will also want to wait a while before you reapply (i.e. spend time in your home country to reestablish ties). No one here can tell you your chances of being approved - however they would certainly be on the lower end

The statement you have quoted out of your GCMS notes doesn't give any indication about your chances of being approved in the future. All it states is the reason why the TRP is being refused. I wouldn't see this as a ray of hope for future visas - but rather a simple statement regarding why the TRP was not approved.

 

[k.h.p.]

I have a good history with Canada, meaning that I never worked or studied without authorization. Has never been convicted for any activity, after my restoration was refused I applied for a TRP and that made me overstay for 6 months. After 8 months my TRP was refused as well, so I contacted a new lawyer firm and they had advised me to complete initial processing for a fresh Study Permit application and then leave Canada willingly. By the end of my processing and covering up my case it almost took another 7 months. I ordered the GCMS notes and I don't have any inadmissibility, misrepresentation on file.

My lawyer advised me that we should ask for forgiveness and present the case as a serious student and improve the facts around the situation. They also mentioned that my case has high chances of refusal. One of the firm mentioned that I will never be able to get any permit in Canada, however the firm I am working with right now has been in business for 40 years and they handled similar cases.

Also, my GCMS notes mentioned one important point which gave me a ray of hope. It said, 'client is not eligible for a TRP and client has not mentioned any impediments that would restrict him from returning to his home country in order to apply for the required documents to regularize his status. He can use regular mechanism in place in order to deal with his status issue.'

I am not sure what to conclude from this. I have mixed feelings right now and would like to get some clarity for the situation.

While you say you have a good history with Canada, your refusal to leave the country when your application was refused - many times - has demonstrated already that you don't respect visa conditions. You are at a severe disadvantage for any application because your overriding goal appears to simply be in Canada, no matter what permit you need to apply.

 

[Muj]

thank you Scylla and k.h.p. I understand that I overstayed but genuinely I had reasons to stay, I was diagnosed with severe depression, also because I lost my father at that point of time. It took me a while to come out of it and that made me overstay. I didn't have any intentions to stay in Canada for long. Also, since my home country doesn't have the healthcare Canada has I was concerned and I overstayed. When my doctor advised me to leave I left Canada and ended my period of stay.

It almost seems like I don't have a chance, when in reality I see many of my friends move to Canada especially since they opened many streams to Canada. Is there any other way I can consider life in Canada? I am on the verge of giving up as well since I spent a lot of time and effort and it seems like there is no recovery beyond this point. I can move on with life and pursue other options in life if this will not workout for me. I am not sure if I should further continue to work for Canada or consider other options.

 

[scylla]

thank you Scylla and k.h.p. I understand that I overstayed but genuinely I had reasons to stay, I was diagnosed with severe depression, also because I lost my father at that point of time. It took me a while to come out of it and that made me overstay. I didn't have any intentions to stay in Canada for long. Also, since my home country doesn't have the healthcare Canada has I was concerned and I overstayed. When my doctor advised me to leave I left Canada and ended my period of stay.

It almost seems like I don't have a chance, when in reality I see many of my friends move to Canada especially since they opened many streams to Canada. Is there any other way I can consider life in Canada? I am on the verge of giving up as well since I spent a lot of time and effort and it seems like there is no recovery beyond this point. I can move on with life and pursue other options in life if this will not workout for me. I am not sure if I should further continue to work for Canada or consider other options.

You should certainly try applying for the study permit with a very strong application and see what happens. It's possible you may get lucky and IRCC may overlook your overstay. If the study permit is refused, then you can work towards qualifying for a Canadian PR program like Express Entry while living outside of Canada.

 

[ipaykwai]

does overstaying in the past has an impact in PR application? Thanks

 

[jweekend]

does overstaying in the past has an impact in PR application? Thanks

Yes

 

[ipaykwai]

Yes

may i ask why ? thanks.

 

[Donny13000]

Hey Muj,
i read your thread, regarding your Overstay and denial of TRP , were you able to secure your visa after that ?
Looking forward to heard from you.
Thank you.