Overstayed, applied for H&C and startup visa approved

[Canada4living]

Hi All,

I came as an international student 10 years ago, 5 years ago I could not continue to study due to humanitarian reasons and after my permit expired I had to overstay. I also have a strong family tie in Canada and going back home causes me difficulties due to my countries' situation. so 2 years ago I applied for H&C and recently I got approved for the Startup visa and eligible to get the PR but since I overstayed my application is under a huge risk of rejection unless I get a TRP. Due to the numerous work I have done so far for Canada, I got a few appreciation letters from federal ministers and a very strong recommendation letter from different University deans and my MP.

First I want to know :

1- what is my risk to get a rejection for the TRP? and how long will the inland application take usually?
2- If you have applied for H&C after April 2018 and got the result please let me know or if you have applied recently for TRP and you overstayed, please let me know the processing time and the result.

Thanks.

 

[canuck78]

Hi All,

I came as an international student 10 years ago, 5 years ago I could not continue to study due to humanitarian reasons and after my permit expired I had to overstay. I also have a strong family tie in Canada and going back home causes me difficulties due to my countries' situation. so 2 years ago I applied for H&C and recently I got approved for the Startup visa and eligible to get the PR but since I overstayed my application is under a huge risk of rejection unless I get a TRP. Due to the numerous work I have done so far for Canada, I got a few appreciation letters from federal ministers and a very strong recommendation letter from different University deans and my MP.

First I want to know :

1- what is my risk to get a rejection for the TRP? and how long will the inland application take usually?
2- If you have applied for H&C after April 2018 and got the result please let me know or if you have applied recently for TRP and you overstayed, please let me know the processing time and the result.

Thanks.

Very hard to say. You do have significant overstay. Have you also been working illegally while out of status? If your country started to go through something like war why did you not apply for asylum. You do not qualify for “Startup visa” given your lack of status so wouldn’t say you have been approved. Impossible to say whether you will be approved or not. Did you know the ministers who gave you letters personally? Were they aware you were living without status for the past 5 years in Canada?

 

[Canada4living]

Very hard to say. You do have significant overstay. Have you also been working illegally while out of status? If your country started to go through something like war why did you not apply for asylum. You do not qualify for “Startup visa” given your lack of status so wouldn’t say you have been approved. Impossible to say whether you will be approved or not. Did you know the ministers who gave you letters personally? Were they aware you were living without status for the past 5 years in Canada?

All my work was not for profit and whatever income I generated was under the business account so all taxes have been paid. I could not apply for refugees because my country is not in war like Syria but it has lots of protests and government killing people. yes the MP is aware of that and besides based on the IRCC website two reasons that TRP can be an issue are: 1- Returning to your country can cause you hardship,2- your stay in Canada can bring benefits for Canadians. in my case I had both so that's why the MP supported me

 

[canuck78]

All my work was not for profit and whatever income I generated was under the business account so all taxes have been paid. I could not apply for refugees because my country is not in war like Syria but it has lots of protests and government killing people. yes the MP is aware of that and besides based on the IRCC website two reasons that TRP can be an issue are: 1- Returning to your country can cause you hardship,2- your stay in Canada can bring benefits for Canadians. in my case I had both so that's why the MP supported me

You don’t have status in Canada and were not permitted to do any work in Canada irregardless of whether it was for a non-profit. How did you work without a SIN? Many people are refused permits and visas and refused TRPs so your interpretation of hardship and benefit to Canadian may not be consistent with CIC. If you lived your whole life in your home country and were only in Canada for 5 years you are usually not going to face hardship since you spent the majority of your life there, have family there, knew the language, etc. It is still unclear what type of humanitarian reason could prevent you from studying in Canada. The humanitarian reasons are usually outside Canada.

 

[Canada4living]

You don’t have status in Canada and were not permitted to do any work in Canada irregardless of whether it was for a non-profit. How did you work without a SIN? Many people are refused permits and visas and refused TRPs so your interpretation of hardship and benefit to Canadian may not be consistent with CIC. If you lived your whole life in your home country and were only in Canada for 5 years you are usually not going to face hardship since you spent the majority of your life there, have family there, knew the language, etc. It is still unclear what type of humanitarian reason could prevent you from studying in Canada. The humanitarian reasons are usually outside Canada.

Yes the fact that I worked without a permit is a negative thing and I understood that, but on the other hand, I could create jobs for more than 10 people. and bring benefits and no I lived here since I was 19 and now I am 31 and I could not go back to my home country since the government punished and tortured my parents due to social activities so it does not have anything directly to me but my life was in danger and my brother who is citizen here got cancer at the same time as my permit got expired and I was the only person he had to take care of . Anyway, I had no options but to stay in Canada so I had to be positive and bring benefit instead of being useless and just eat and sleep

 

[Copingwithlife]

Yes the fact that I worked without a permit is a negative thing and I understood that, but on the other hand, I could create jobs for more than 10 people. and bring benefits and no I lived here since I was 19 and now I am 31 and I could not go back to my home country since the government punished and tortured my parents due to social activities so it does not have anything directly to me but my life was in danger and my brother who is citizen here got cancer at the same time as my permit got expired and I was the only person he had to take care of . Anyway, I had no options but to stay in Canada so I had to be positive and bring benefit instead of being useless and just eat and sleep

Then why didn't you apply for asylum then ? A country doesn't have to be at war for one to claim asylum

 

[Canada4living]

Then why didn't you apply for asylum then ? A country doesn't have to be at war for one to claim asylum

because my lawyer at that time said you are not eligible for asylum since there is no sentence of jail or death has been issued yet for you! in addition, you have to do that maximum 6 months after you entered in Canada while the time I left my country with student visa everything was ok, after 3 years everything got messed up and got worst. So I thought it's too late to do so.

 

[canuck78]

because my lawyer at that time said you are not eligible for asylum since there is no sentence of jail or death has been issued yet for you! in addition, you have to do that maximum 6 months after you entered in Canada while the time I left my country with student visa everything was ok, after 3 years everything got messed up and got worst. So I thought it's too late to do so.

I still don’t understand why you couldn’t study but had time to work.

 

[canuck78]

Yes the fact that I worked without a permit is a negative thing and I understood that, but on the other hand, I could create jobs for more than 10 people. and bring benefits and no I lived here since I was 19 and now I am 31 and I could not go back to my home country since the government punished and tortured my parents due to social activities so it does not have anything directly to me but my life was in danger and my brother who is citizen here got cancer at the same time as my permit got expired and I was the only person he had to take care of . Anyway, I had no options but to stay in Canada so I had to be positive and bring benefit instead of being useless and just eat and sleep

Think the no option is subjective since you didn’t apply for H&C for 3+years after you lost status. You had time to start a business but did not seek out more help to solve your immigration problem. It seems like submitted a business plan to start a business and showed that you had the funds and experience. Is that what you mean? Did your lack of status or the fact that you were already in Canada and the business had been created mentioned? Not sure how that would have been approved given your lack of status while applying in Canada.

 

[canuck_in_uk]

Hi All,

I came as an international student 10 years ago, 5 years ago I could not continue to study due to humanitarian reasons and after my permit expired I had to overstay. I also have a strong family tie in Canada and going back home causes me difficulties due to my countries' situation. so 2 years ago I applied for H&C and recently I got approved for the Startup visa and eligible to get the PR but since I overstayed my application is under a huge risk of rejection unless I get a TRP. Due to the numerous work I have done so far for Canada, I got a few appreciation letters from federal ministers and a very strong recommendation letter from different University deans and my MP.

First I want to know :

1- what is my risk to get a rejection for the TRP? and how long will the inland application take usually?
2- If you have applied for H&C after April 2018 and got the result please let me know or if you have applied recently for TRP and you overstayed, please let me know the processing time and the result.

Thanks.

1. No one on the forum can say what your chances are.

2. The processing of TRPs and H&C apps are entirely individual, so the experience of others isn't applicable to you.

Your situation is really beyond this forum. Your lawyer should have a better idea of what may happen.