Overstay in US=inadmissable for temp canada visas?

[Barney71]

Hi,

I am new here. After reading some threads, I am confused.

I read somewhere that deportation from US due to overstaying is not a problem when applying for a visa. But I also read, to forget about getting temp visas, such as study permit, if ever overstaying, say in the US.

My wife plans to study in canada but she overstayed her US student visa for about 1 year. And this was 15 years ago.

So please help me. Will her overstay be a big problem or just a concern to address when applying for a study permit?

Thanks!

 

[zardoz]

Hi,

I am new here. After reading some threads, I am confused.

I read somewhere that deportation from US due to overstaying is not a problem when applying for a visa. But I also read, to forget about getting temp visas, such as study permit, if ever overstaying, say in the US.

My wife plans to study in canada but she overstayed her US student visa for about 1 year. And this was 15 years ago.

So please help me. Will her overstay be a big problem or just a concern to address when applying for a study permit?

Thanks!

Yes, previous violations of the immigration law of any country, but especially "developed nations", will potentially increase the chance of being denied a Canadian temporary resident visa. Less so for PR applications.
Failure to declare those violations will result in a denial AND a 5 years ban for misrepresentation.

 

[scylla]

Hi,

I am new here. After reading some threads, I am confused.

I read somewhere that deportation from US due to overstaying is not a problem when applying for a visa. But I also read, to forget about getting temp visas, such as study permit, if ever overstaying, say in the US.

My wife plans to study in canada but she overstayed her US student visa for about 1 year. And this was 15 years ago.

So please help me. Will her overstay be a big problem or just a concern to address when applying for a study permit?

Thanks!

A US deportation / overstay can be a very big problem for any sort of temporary visa. This includes study permit, work permits and visitor visas.

A US deportation / overstay is not a problem when applying to immigrate and become a permanent resident. As long as the deportation / overstay is declared in the application, it's not an issue.

Given you wife's overstay and deportation was 15 years ago, she has a chance of being approved for a study permit. She will need to show strong ties to her home country to show she has no plans on remaining in Canada long terms and the education she plans to take in Canada must make sense in light of her previous work experience and education. Also, she must be 100% truthful in her study permit application about the deportation / overstay. Failure to do that will result in a refusal and a 5 year ban from Canada.

 

[Barney71]

Thanks all.

And scylla, why and on what base you can say she may have chance of being approved after a 15 yr lapse from her overstay?

And assets (houses) and a reference letter from her current employer stating that they expect her to finish her study quickly and rejoin the team are good examples of strong ties to her home country?

Will any sponsorship from her work be better?

Thanks!

A US deportation / overstay can be a very big problem for any sort of temporary visa. This includes study permit, work permits and visitor visas.

A US deportation / overstay is not a problem when applying to immigrate and become a permanent resident. As long as the deportation / overstay is declared in the application, it's not an issue.

Given you wife's overstay and deportation was 15 years ago, she has a chance of being approved for a study permit. She will need to show strong ties to her home country to show she has no plans on remaining in Canada long terms and the education she plans to take in Canada must make sense in light of her previous work experience and education. Also, she must be 100% truthful in her study permit application about the deportation / overstay. Failure to do that will result in a refusal and a 5 year ban from Canada.

 

[scylla]

Thanks all.

And scylla, why and on what base you can say she may have chance of being approved after a 15 yr lapse from her overstay?

And assets (houses) and a reference letter from her current employer stating that they expect her to finish her study quickly and rejoin the team are good examples of strong ties to her home country?

Will any sponsorship from her work be better?

Thanks!

Yes - these are decent ties. She should also write a strong statement of purpose to explain how the studies in Canada are relevant to her career and why she needs to come all the way to Canada to take the course (why not take something where she is now).

Leaving her family behind when she comes to Canada (i.e. you, any children) is also a good tie.

I'm not sure what you mean by sponsorship. She/you should show that you can pay for these studies yourself. That's the best option.

 

[Barney71]

You know, a letter telling that her company sponsors her education, and expect her to rejoin the company as soon as she finishes her study.

We can show enough fund even to live forever in canada without work but it doesnot show a strong tie, does it?

Thanks!

 

[canuck78]

It sounds like she may be close to 40. Have you tried to immigrate before? Unless she is pursuing a very specialized and advanced degree like masters, PhD or MBA which would make sense chances are very low. It will be seen as a way to immigrate which sounds like your maingl goal.

 

[Barney71]

In fact, she wants to pursue a lower level of education in her new field. She has an MBA already but later she found out that teaching and being around children is her passion. She did not have an educational background for that so she will take the program in college as her first step.

For me, i could not care about school no more. I just enjoy nice cold places with good receptive people. Does it sound like Canada to you? I dont need work permits and all that because I am an option and forex trader. I can work anywhere anytime.

Btw, she once applied for the PR long time ago (16-17yrago), got a waiver but did not continue because of our new born child.

Is PR still for sale?

Thanks!

It sounds like she may be close to 40. Have you tried to immigrate before? Unless she is pursuing a very specialized and advanced degree like masters, PhD or MBA which would make sense chances are very low. It will be seen as a way to immigrate which sounds like your maingl goal.

 

[canuck78]

In fact, she wants to pursue a lower level of education in her new field. She has an MBA already but later she found out that teaching and being around children is her passion. She did not have an educational background for that so she will take the program in college as her first step.

For me, i could not care about school no more. I just enjoy nice cold places with good receptive people. Does it sound like Canada to you? I dont need work permits and all that because I am an option and forex trader. I can work anywhere anytime.

Btw, she once applied for the PR long time ago (16-17yrago), got a waiver but did not continue because of our new born child.

Is PR still for sale?

Thanks!

It is pretty unlikely that she’ll be approved for a permit. Sounds like she may be applying for something like an early childhood education program. There would be no need to come to Canada for that and it makes no sense. Given her age and current employment situation it screams immigration. You may run into problems working in Canada if you don’t have a work permit. As a forex trader you would be technically interacting with Canada in some capacity. If you had a work permit that would be different.

Quebec still has investment immigration programs although it is filled with problems so not sure how long it will last. Takes around 5 years.

 

[Barney71]

You may be right thats why she has to prepare more... And I welcome inputs that I will share them with her.

What I am saying is, I dont need no nothing. I can go to canada as a tourist in summer and to somewhere else when winter in canada.
If they give me papers, they woukd be lucky they can get income tax from me.

Here I want to know more inputs so that she can prepare better no matter how slim the chance is. Have you heard Warren Buffet said that the risk is for those who do not know?

I need to read more but last time I remember Quebec froze that program.

Or anybody knows one who is willing to hire me as the market guy? I share opinions on stocks, currencies and the market. And I dont need to get paid. Just give me flexibilities...

Thanks!

It is pretty unlikely that she’ll be approved for a permit. Sounds like she may be applying for something like an early childhood education program. There would be no need to come to Canada for that and it makes no sense. Given her age and current employment situation it screams immigration. You may run into problems working in Canada if you don’t have a work permit. As a forex trader you would be technically interacting with Canada in some capacity. If you had a work permit that would be different.

Quebec still has investment immigration programs although it is filled with problems so not sure how long it will last. Takes around 5 years.

 

[scylla]

In fact, she wants to pursue a lower level of education in her new field. She has an MBA already but later she found out that teaching and being around children is her passion. She did not have an educational background for that so she will take the program in college as her first step.

For me, i could not care about school no more. I just enjoy nice cold places with good receptive people. Does it sound like Canada to you? I dont need work permits and all that because I am an option and forex trader. I can work anywhere anytime.

Btw, she once applied for the PR long time ago (16-17yrago), got a waiver but did not continue because of our new born child.

Is PR still for sale?

Thanks!

It doesn't make any sense for her to be applying for a lower level of education in a field that's unrelated to her past education and work experience. She should be expecting a refusal if she goes ahead as planned.

 

[scylla]

You may be right thats why she has to prepare more... And I welcome inputs that I will share them with her.

What I am saying is, I dont need no nothing. I can go to canada as a tourist in summer and to somewhere else when winter in canada.
If they give me papers, they woukd be lucky they can get income tax from me.

Here I want to know more inputs so that she can prepare better no matter how slim the chance is. Have you heard Warren Buffet said that the risk is for those who do not know?

I need to read more but last time I remember Quebec froze that program.

Or anybody knows one who is willing to hire me as the market guy? I share opinions on stocks, currencies and the market. And I dont need to get paid. Just give me flexibilities...

Thanks!

You should assume it won't be possible for you to secure a role as a foreign worker. If you want to move to Canada, you should focus instead on qualifying and applying to immigrate.

 

[canuck78]

You may be right thats why she has to prepare more... And I welcome inputs that I will share them with her.

What I am saying is, I dont need no nothing. I can go to canada as a tourist in summer and to somewhere else when winter in canada.
If they give me papers, they woukd be lucky they can get income tax from me.

Here I want to know more inputs so that she can prepare better no matter how slim the chance is. Have you heard Warren Buffet said that the risk is for those who do not know?

I need to read more but last time I remember Quebec froze that program.

Or anybody knows one who is willing to hire me as the market guy? I share opinions on stocks, currencies and the market. And I dont need to get paid. Just give me flexibilities...

Thanks!

Quebec program is still up and running. All the other provinces closed the programs since they actually don’t work. Almost all of the Quebec applicants never actually move to Quebec although they may rent an apartment.

Your wife’s option is to try to continue her education in something that makes sense. Sounds like she is likely in a job that is well compensated and has an MBA so it would not make sense to drop everything to return to school and potentially uproot your family if they got permits/visas. An internal transfer may be a possibility if she is working for a company with a Canadian office. It is unclear about what your goals are and where you are from. It does seem like you have the funds to potentially buy a citizenship. Other places you could consider like Cyprus.

 

[Barney71]

Thanks, sorry to not share that her current employment for the last 3 years is in the field of child education. She started as business manager. And happened to cover a teacher. The she suddenly feel her passion. After that, she took a class to teach. Then now no children want to be taught by someone else but her. Even her company now offers her a percentage of ownership.

I thought studying had no age limit.

It doesn't make any sense for her to be applying for a lower level of education in a field that's unrelated to her past education and work experience. She should be expecting a refusal if she goes ahead as planned.

 

[scylla]

Thanks, sorry to not share that her current employment for the last 3 years is in the field of child education. She started as business manager. And happened to cover a teacher. The she suddenly feel her passion. After that, she took a class to teach. Then now no children want to be taught by someone else but her. Even her company now offers her a percentage of ownership.

I thought studying had no age limit.

What program does she plan to take in Canada? Which school and what level of education? Diploma? Post graduate diploma?

Why does she have to come all the way to Canada to take this course?