Overstayed returning to home country

[AliHSid]

Hello everyone,
My study permit expired at 31 July 2018. I was not able to renew my study permit on time because of financial difficulties. I have overstayed my visa for about 8 months now, i am returning back to my country asap. I have lived in Canada since 2014 and all my study permit extensions were on time. I am going to apply for my study permit from back home. I have a year and a half left till i graduate from my under-grad program. And I have not been studying since my study permit has expired.
Long story short, i know im in a HUGE trouble for breaking the law and i am a 100% aware of the situation I'm in or i put myself in. Once i leave for back home and re-applying i am pretty aware that the immigration officer would think that i have violated my study permit obligations which is to leave canada once the permit expires and that I have to ensure that, if, I get an approval of my study permit i will be returning back to homeland upon finishing my degree or in other words I will have to prove strong ties with my country. I am pretty aware my chances are below 20%. Any suggestions on how to make my case stronger will be appreciated. And btw, I am/will be filing my case from a reputed lawyer in Ontario. Again, any suggestions that may help me make my case stronger will be apluaded. Thanks aton.
On a side note, I am now financially capable of finishing my degree as well which means I have strong proof of financial support from my family as well

 

[canuck_in_uk]

Hello everyone,
My study permit expired at 31 July 2018. I was not able to renew my study permit on time because of financial difficulties. I have overstayed my visa for about 8 months now, i am returning back to my country asap. I have lived in Canada since 2014 and all my study permit extensions were on time. I am going to apply for my study permit from back home. I have a year and a half left till i graduate from my under-grad program. And I have not been studying since my study permit has expired.
Long story short, i know im in a HUGE trouble for breaking the law and i am a 100% aware of the situation I'm in or i put myself in. Once i leave for back home and re-applying i am pretty aware that the immigration officer would think that i have violated my study permit obligations which is to leave canada once the permit expires and that I have to ensure that, if, I get an approval of my study permit i will be returning back to homeland upon finishing my degree or in other words I will have to prove strong ties with my country. I am pretty aware my chances are below 20%. Any suggestions on how to make my case stronger will be appreciated. And btw, I am/will be filing my case from a reputed lawyer in Ontario. Again, any suggestions that may help me make my case stronger will be apluaded. Thanks aton.
On a side note, I am now financially capable of finishing my degree as well which means I have strong proof of financial support from my family as well

Your chances are pretty close to zero. You say you were having financial difficulties. Were you supporting yourself these past 8 months by working illegally? Your best bet for approval is to remain in your country for awhile, I'd say at least one year, and re-establish ties. Even then, with an 8 month overstay, your chances are still low.

 

[canuck_in_uk]

Since you have no choice but to leave Canada now, try to flagpole if you are from a Visa exempt country and see if they might give you a study permit to complete your degree.

This will likely end up with OP detained by CBSA and removed from Canada.

Only American citizens/PRs, people from Greenland and people from St. Pierre and Miquelon can actually apply for study permits at a POE. Everyone else must have a study permit approved by IRCC prior to entering Canada.

 

[Buletruck]

Greenland....really?

 

[canuck_in_uk]

Agree on that one. Lol. So if he/she is a holder of such passport, they got nothing to lose as they will be leaving the country anyways.

For future apps, it would look better if OP leaves on their own vs. being detained and removed.

 

[canuck_in_uk]

Greenland....really?

Yup.

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-214.html

Application on entry

214 A foreign national may apply for a study permit when entering Canada if they are

• (a) a national or a permanent resident of the United States;
  
• (b) a person who has been lawfully admitted to the United States for permanent residence;
  
• (c) a resident of Greenland; or
  
• (d) a resident of St. Pierre and Miquelon.

 

[selvakk]

Also there is a specific open work permit for destitute students who are not able to pay for their education. It would have been easier to do that than to overstay but I think not many people are aware of that permit. In either case their PGWP is toast, but atleast you would have been legal.

 

[AliHSid]

Your chances are pretty close to zero. You say you were having financial difficulties. Were you supporting yourself these past 8 months by working illegally? Your best bet for approval is to remain in your country for awhile, I'd say at least one year, and re-establish ties. Even then, with an 8 month overstay, your chances are still low.

So i was never working illegally my parents always managed enough to send so I could survive

 

[AliHSid]

Your chances are pretty close to zero. You say you were having financial difficulties. Were you supporting yourself these past 8 months by working illegally? Your best bet for approval is to remain in your country for awhile, I'd say at least one year, and re-establish ties. Even then, with an 8 month overstay, your chances are still low.

As far as I can think as an immigration officer If i were to apply, first thing that officer would think would be me not going back again and violating the terms again. For which I can give proper evidence that I have full intention to return back to home which btw is not visa exempt, i need visa to be able to come to Canada.
Second thing will be the financial capability, for that too i have a strong

 

[AliHSid]

Your chances are pretty close to zero. You say you were having financial difficulties. Were you supporting yourself these past 8 months by working illegally? Your best bet for approval is to remain in your country for awhile, I'd say at least one year, and re-establish ties. Even then, with an 8 month overstay, your chances are still low.

As far as I can think as an immigration officer If i were to apply, first thing that officer would think would be me not going back again and violating the terms again. For which I can give proper evidence that I have full intention to return back to home which btw is not visa exempt, i need visa to be able to come to Canada.
Second thing will be the financial capability, for that too i have a strong proof that i would be able to support myself throughout in Canada without having to work

Also there is a specific open work permit for destitute students who are not able to pay for their education. It would have been easier to do that than to overstay but I think not many people are aware of that permit. In either case their PGWP is toast, but atleast you would have been legal.

How can I apply for PGWP without finishing my studies?

 

[AliHSid]

Also, a lawyer also suggested me to file for refugee I would like to know what would be the strongest case in this scenario as well. Close to zero I assume as well.

 

[canuck_in_uk]

As far as I can think as an immigration officer If i were to apply, first thing that officer would think would be me not going back again and violating the terms again. For which I can give proper evidence that I have full intention to return back to home which btw is not visa exempt, i need visa to be able to come to Canada.
Second thing will be the financial capability, for that too i have a strong

At this point, there is pretty much no evidence you could submit that you will not overstay.

Also, a lawyer also suggested me to file for refugee I would like to know what would be the strongest case in this scenario as well. Close to zero I assume as well.

Don't file a fake refugee claim. When it is refused, you will be banned from Canada. It will also impact travel to other countries.

 

[AliHSid]

At this point, there is pretty much no evidence you could submit that you will not overstay.



Don't file a fake refugee claim. When it is refused, you will be banned from Canada. It will also impact travel to other countries.

How about getting an employer letter from back home stating that I would need to finish my degree for me to able to promoted to a better position. All my family is in my home country

 

[AliHSid]

At this point, there is pretty much no evidence you could submit that you will not overstay.



Don't file a fake refugee claim. When it is refused, you will be banned from Canada. It will also impact travel to other countries.

One of the lawyer suggested this idea which sounded wrong to me personally as well

 

[AliHSid]

How about getting an employer letter from back home stating that I would need to finish my degree for me to able to promoted to a better position. All my family is in my home country

Instead of justifying you think I should rather focus more on how will i not repeat the same mistake again?