My complicated case [Urgent]

[fung510513]

My parents divorced five years ago and my mother married to a Canadian citizen, whom I call him my step-father.
We were proceeding immigration to Canada and I went to Canada in about 3 years ago for studying with a Visitor Visa.
Because the duration of my school course was only 6 months, I only applied a Visitor Visa.
We assumed our immigration can be done within this period so that I will be able to switch to public school afterwards.
Unfortunately, our immigrant application to Canada was rejected, and we made an appeal.During that time, we went to TDSB to ask if I have a chance to study in the Canadian public school and we told them our case.
They said I need a Canadian citizen to have my custody, and yes, it made my step-father became my guardian and I was eligible to study in public school.
Then 2 years later, my parents were having some argue and lastly we cancel our appeal. But soon, again, we applied immigration after we fixed our family issue.
Along these days, I'm living as non-status person, or a rare visitor student in Canada. I still made myself eligible to graduate high school and now applying to several Canada Universities.
Since our immigrant application is still pending, our lawyer said I need a student Visa in order to study in Canada.
Currently I received several official offers and my family has enough financial support.
Upon my case, am I able to apply a student visa to study here?

Current Status
-Living in Canada (almost 4 years)
-Visitor Visa (expired on August)
-My step-father [Canadian citizen] and my mother married
-Applying second time immigrant
-I'm 18 years old
-Graduating in Canadian public high school this year

I really need help because I feel like our lawyer has been scamming us for so many years. ???

 

[amikety]

Given that you are without status, it's very likely you will be denied on lack of ties to your home country, ties to Canada, and risk of overstay.

Depending on your situation, you may want to return to your home country, establish yourself there, maybe attend a 2-3 year program, then re-apply to Canada once you have those done. You could also wait out the PR application, depending on the time of the application - this might be faster and easier - just depends on which VO you applied to and how long ago. Keep in mind, you can attend online courses without a study permit or courses less than six months in length (i. e., a certificate program may work for you). Not ideal, but it may help your situation.

You can try for a study permit. You may get lucky, but I don't think luck is with you on this one.

 

[Josh21]

You cant attend a university without a permit. They wont even let you enroll for classes unless you show them the documents on the first day.

It's likely that you will be denied but there's always a chance the sympathy factor works in your favor.

 

[fung510513]

I'm searching around some similar cases, I found one that says

"many people who have applied for their PR and then after applied for their student visa and was successful. I also was told that from some who is working in the embassy, that both processes are separate and apart from each other."
"I am passing through the same scenario and I had discussed with some of the experienced professionals about this situation....... You can definitely apply for the visa and you can get it just you have to be confident that you will leave Canada after your studies."
reference: ww-w.canadavisa.com/canada-immigration-discussion-board/applying-for-student-permit-while-waiting-for-permanent-residence-approval-t51236.0.html

Actually my family has already felt hopeless, and we're not planning to appeal again regardless our PR application get rejected again.
I just want to finish my studies here because my grades to transfer to my home country is not really effective.
I'm confident that I'll leave Canada after my studies. :'(

 

[Josh21]

I'm searching around some similar cases, I found one that says

"many people who have applied for their PR and then after applied for their student visa and was successful. I also was told that from some who is working in the embassy, that both processes are separate and apart from each other."
"I am passing through the same scenario and I had discussed with some of the experienced professionals about this situation....... You can definitely apply for the visa and you can get it just you have to be confident that you will leave Canada after your studies."
reference: ww-w.canadavisa.com/canada-immigration-discussion-board/applying-for-student-permit-while-waiting-for-permanent-residence-approval-t51236.0.html

Actually my family has already felt hopeless, and we're not planning to appeal again regardless our PR application get rejected again.
I just want to finish my studies here because my grades to transfer to my home country is not really effective.
I'm confident that I'll leave Canada after my studies. :'(

They are both different but they become one and the same if you've been denied PR two times and have overstayed without a status. I hope you understand the difference. That article is for people who are currently awaiting a PR decision assuming they have legal status, which you do not, and haven't been refused before.

Also, you may be confident that you will leave Canada, but the person looking at your file may not share your confidence. Infact considering you've over stayed and been denied PR two times and still not left, its pretty safe to assume that you have no intention of leaving.

 

[amikety]

I have to agree. If your program is available online with any universities, call CIC and ask about online classes. They told me I didn't need a study permit for online courses.

I'm afraid you don't have much chance of getting any temporary status (visitor, worker, or student) in your current situation until you've successfully established ties to your home country, probably the in excess of several years.

 

[fung510513]

They are both different but they become one and the same if you've been denied PR two times and have overstayed without a status. I hope you understand the difference. That article is for people who are currently awaiting a PR decision assuming they have legal status, which you do not, and haven't been refused before.

Also, you may be confident that you will leave Canada, but the person looking at your file may not share your confidence. Infact considering you've over stayed and been denied PR two times and still not left, its pretty safe to assume that you have no intention of leaving.

Actually I have only been denied PR application once and never overstayed.
I did make twice extension for my visitor status with reason of immigrant appealing and both had been approved.

 

[Josh21]

Actually I have only been denied PR application once and never overstayed.
I did make twice extension for my visitor status with reason of immigrant appealing and both had been approved.

You're currently living as a status-less individual which is by definition the meaning of over staying.

You have one refusal and a half completed appeal after that so I just counted it as two attempts. Regardless, one or two doesn't make much of a difference, it just matters if you have been refused at all, which you have.

 

[scylla]

Will your visitor visa expire this coming August? Or did it expire last August? If it expired last August then you are an overstay.