My sister overstayed in Canada on a visitor's visa unintentionally.

[Mariam M]

My sister's consultant was fraudulent and never sent her TRV extensions in while she was here in Canada. She spent about a year here unknowingly without status. I don't want to put much detail because I want to get straight to the point. Ask questions if you want. upon finding out she was without status she left canada willingly. We have alot of proof of correspondence with the fradulent consultants. Her dream is to study here in canada but this happened and we're not sure what to do. we have a fear of consultants now and everyone is giving different advice. She’s now home and we don’t know if we should apply for her study permit and address this incident or should we just apply for a visitor’s visa to clear her name first.
things to note:

1. She was under 18- a minor half of this time period so she was not responsible for her own application.
2. We have proof of the company's negligence and their lies
3. She WASN’T aware she was without status and we have proof of that We made complaints to Canada's anti-fraud
4. She left willingly a couple of weeks after finding out she was without status. it took that long to make preparations to leave due to some issues.
5. she was NOT ordered to leave or deported
   
   If we can properly prove this all happened will Canada's immigration be forgiving? I know a good lawyer/consultant is needed to put this together. Do you guys have any stories or advise of encouragement? We will try and hope for the best.
   
   

 

[scylla]

My sister's consultant was fraudulent and never sent her TRV extensions in while she was here in Canada. She spent about a year here unknowingly without status. I don't want to put much detail because I want to get straight to the point. Ask questions if you want. upon finding out she was without status she left canada willingly. We have alot of proof of correspondence with the fradulent consultants. Her dream is to study here in canada but this happened and we're not sure what to do. we have a fear of consultants now and everyone is giving different advice. She’s now home and we don’t know if we should apply for her study permit and address this incident or should we just apply for a visitor’s visa to clear her name first.
things to note:

1. She was under 18- a minor half of this time period so she was not responsible for her own application.
2. We have proof of the company's negligence and their lies
3. She WASN’T aware she was without status and we have proof of that We made complaints to Canada's anti-fraud
4. She left willingly a couple of weeks after finding out she was without status. it took that long to make preparations to leave due to some issues.
5. she was NOT ordered to leave or deported
   
   If we can properly prove this all happened will Canada's immigration be forgiving? I know a good lawyer/consultant is needed to put this together. Do you guys have any stories or advise of encouragement? We will try and hope for the best.

On what basis is she trying to return? Applicants are held responsible for ensuring their status is maintained even if they hire a lawyer or consultant to assist. How long ago did she leave Canada?

 

[Mariam M]

On what basis is she trying to return? Applicants are held responsible for ensuring their status is maintained even if they hire a lawyer or consultant to assist. How long ago did she leave Canada?

hi. My sister and I have a lot of close family here. And I am here currently as a student. My sister would also like to visit/study here. She would ideally like to return as a student but we are not sure if that will be a complicated route. Maybe she can return as a visitor first and clear the air with IRCC. then go back home to our home country and apply for her study permit without worrying about the overstay.

 

[Mariam M]

hi. My sister and I have a lot of close family here. And I am here currently as a student. My sister would also like to visit/study here. She would ideally like to return as a student but we are not sure if that will be a complicated route. Maybe she can return as a visitor first and clear the air with IRCC. then go back home to our home country and apply for her study permit without worrying about the overstay.

She left Canada about 9 months ago.

 

[canuck78]

She left Canada about 9 months ago.

Given the significant recent overstay chances of approval are pretty low. Why was she visiting Canada for such a long time from around 16 year old to 18 years old? How long did spend in Canada visiting? She should have been in secondary school so how was she able to visit for such a long time? Where are her parents?

 

[scylla]

hi. My sister and I have a lot of close family here. And I am here currently as a student. My sister would also like to visit/study here. She would ideally like to return as a student but we are not sure if that will be a complicated route. Maybe she can return as a visitor first and clear the air with IRCC. then go back home to our home country and apply for her study permit without worrying about the overstay.

There's really no way to clear the air. She has the overstay on record now and that will have to be declared as part of any future application to Canada. If the primary goal is to have her come here on a study permit, then that's what you should apply for and not the TRV.

 

[Mariam M]

Given the significant recent overstay chances of approval are pretty low. Why was she visiting Canada for such a long time from around 16 year old to 18 years old? How long did spend in Canada visiting? She should have been in secondary school so how was she able to visit for such a long time? Where are her parents?

Given the significant recent overstay chances of approval are pretty low. Why was she visiting Canada for such a long time from around 16 year old to 18 years old? How long did spend in Canada visiting? She should have been in secondary school so how was she able to visit for such a long time? Where are her parents?

How is all of that relevant? I feel like you’re not asking me the right questions to help me. She already graduated highschool in our home country and she was visiting family here. She was 17 not 16. I don’t know where you got that from. She had not seen her family here for a very long time and she wanted to spend more time with them along with exploring the possibilities of studying and touring Canada. My parents had visit us during this period but went back to our home country. They came in summer (to answer your irrelevant question) my sister and I were staying with family who were our second parents.

 

[Mariam M]

There's really no way to clear the air. She has the overstay on record now and that will have to be declared as part of any future application to Canada. If the primary goal is to have her come here on a study permit, then that's what you should apply for and not the TRV.

A TRV cannot be applied for. That is a document you apply for to extend your stay when you are in Canada. You must meant a visitor’s visa.

 

[scylla]

A TRV cannot be applied for. That is a document you apply for to extend your stay when you are in Canada. You must meant a visitor’s visa.

No. You are confusing your terms. A TRV is what you apply for to visit Canada. It is not for extending your stay in Canada. A visitor record is what you use to extend your stay in Canada.

 

[canuck78]

How is all of that relevant? I feel like you’re not asking me the right questions to help me. She already graduated highschool in our home country and she was visiting family here. She was 17 not 16. I don’t know where you got that from. She had not seen her family here for a very long time and she wanted to spend more time with them along with exploring the possibilities of studying and touring Canada. My parents had visit us during this period but went back to our home country. They came in summer (to answer your irrelevant question) my sister and I were staying with family who were our second parents.

All the questions are relevant. It is highly unusual for a young person at 17-18 years old to be able to visit another country for 1.5+ years because they are expected to be studying, working, etc. It is fairly difficult to be able to get approved for visits for long periods of time at that age because it does not make sense for most young people to visit for 1.5 years especially if not actively travelling. It is also fairly unusual for minors, who are foreign nationals, to live with people who are not their parents in another country for 1.5+ years unless on a permit and studying or studying if 18+. Most young people also lack the funds or ties to their home country to justify approval for a very long visit. IRCC will question what your sister was doing during what looks like 1.5+ years. They will be concerned that she was either studying or working without a permit. At this point there is not much your sister can do but reestablish ties to her home country. If she wants to try and study in Canada for an undergraduate degree I would get accepted to a very good university in Canada for the best chance of being able to secure a study permit. Realistically it will be difficult for your sister to secure a study permit in the near future because of the overstay but also because the has a sibling who is already studying in Canada and she has spent significant time in Canada recently which has created strong ties to Canada and will raise concerns that she will not return home after her studies. The other option would be to study in her home country and attempt to secure a study permit to do a masters degree of a postgrad degree of masters is not possible. During the next few years I would probably not attempt to visit Canada and reestablish ties to her home country because being refused entry to Canada (which is possible) would only add to her immigration problems in Canada.

 

[Mariam M]

All the questions are relevant. It is highly unusual for a young person at 17-18 years old to be able to visit another country for 1.5+ years because they are expected to be studying, working, etc. It is fairly difficult to be able to get approved for visits for long periods of time at that age because it does not make sense for most young people to visit for 1.5 years especially if not actively travelling. It is also fairly unusual for minors, who are foreign nationals, to live with people who are not their parents in another country for 1.5+ years unless on a permit and studying or studying if 18+. Most young people also lack the funds or ties to their home country to justify approval for a very long visit. IRCC will question what your sister was doing during what looks like 1.5+ years. They will be concerned that she was either studying or working without a permit. At this point there is not much your sister can do but reestablish ties to her home country. If she wants to try and study in Canada for an undergraduate degree I would get accepted to a very good university in Canada for the best chance of being able to secure a study permit. Realistically it will be difficult for your sister to secure a study permit in the near future because of the overstay but also because the has a sibling who is already studying in Canada and she has spent significant time in Canada recently which has created strong ties to Canada and will raise concerns that she will not return home after her studies. The other option would be to study in her home country and attempt to secure a study permit to do a masters degree of a postgrad degree of masters is not possible. During the next few years I would probably not attempt to visit Canada and reestablish ties to her home country because being refused entry to Canada (which is possible) would only add to her immigration problems in Canada.

Another problem we worry about is if she has to travel to the US. There is a possibility they will question her. Which is reasonable. She has a visa for there and my parents travel there every 2-3 years or so. They would like her to accompany them but is there a chance they will deny her entry even though she has a visa?

 

[YVR123]

My sister's consultant was fraudulent and never sent her TRV extensions in while she was here in Canada. She spent about a year here unknowingly without status. I don't want to put much detail because I want to get straight to the point. Ask questions if you want. upon finding out she was without status she left canada willingly. We have alot of proof of correspondence with the fradulent consultants. Her dream is to study here in canada but this happened and we're not sure what to do. we have a fear of consultants now and everyone is giving different advice. She’s now home and we don’t know if we should apply for her study permit and address this incident or should we just apply for a visitor’s visa to clear her name first.
things to note:

1. She was under 18- a minor half of this time period so she was not responsible for her own application.
2. We have proof of the company's negligence and their lies
3. She WASN’T aware she was without status and we have proof of that We made complaints to Canada's anti-fraud
4. She left willingly a couple of weeks after finding out she was without status. it took that long to make preparations to leave due to some issues.
5. she was NOT ordered to leave or deported
   
   If we can properly prove this all happened will Canada's immigration be forgiving? I know a good lawyer/consultant is needed to put this together. Do you guys have any stories or advise of encouragement? We will try and hope for the best.

Just want to echo to the response that there is no way to "clear the air".

She can apply for study permit if she have all the proof that she's a genuine student who wants to study and return to her home country after.
So the normal proof of strong tie to home country (which I don't think she has since she is single and have no children), financial proof to show that she can support her study and living, admission to school and good plan to show the purpose of study.

Her overstay may affect the application. We do not know for sure. It depends on the case officer. If he/she consider that a violation of a visa that was grant and shows that the applicant will do that again with adifferent type of visa.

The very important part is that do not try to hide the fact that she overstay her visitor visa.

 

[Mariam M]

Another problem we worry about is if she has to travel to the US. There is a possibility they will question her. Which is reasonable. She has a visa for there and my parents travel there every 2-3 years or so. They would like her to accompany them but is there a chance they will deny her entry even though she has a visa?

Not even the US. but other countries as well.

 

[canuck78]

Another problem we worry about is if she has to travel to the US. There is a possibility they will question her. Which is reasonable. She has a visa for there and my parents travel there every 2-3 years or so. They would like her to accompany them but is there a chance they will deny her entry even though she has a visa?

Her overstay can affect visiting to many countries but especially the countries that share immigration information with Canada like the US. Nobody can guess what will happen when your sister arrives at a border but there is a good chance that she may face more scrutiny. The fact that she recently overstayed means that the chances of scrutiny is more likely in the immediate future.