URGENT: FEDERAL COURT REJECTED APPEAL! Please help!

[Copingwithlife]

It's allowed to take a semester off or two. I fully applied for that from the college and it was approved.

To be honest I don't see why lawyers aren't taking the case, it doesn't seem that complicated. The ONLY thing I did wrong was overstay my visa. The documents and everything else are all verifiable, if they will actually take time to speak with me or bring me in for an interview.

The overstay may be small in your eyes , but in the Government’s eyes you broke the rules, and as far as they are concerned , who is say that in the future you won’t do it again if you’re issued a TRV, since it seems you don’t think it’s a big issue . Some people assume it’s not a big deal to overstay their stay on a TRV , this should be a lesson for others, follow the rules , visas are a privilege, not a right. And what can be given can be taken away

 

[babsizkil]

Hello there guys,

So this is just a LITTLE bit of a read, but please don't click away.

I'm even willing to pay just for information but even lawyers have turned me away...

So in 2012 I went to Canada as an international student, and long story short my visa/permit was to expire in October 2015. I couldn't renew it because I wasn't enrolled. And I wasn't enrolled because I couldn't afford the fees at the time.

So what happened after my visa expired in October 2015? I waited the 90 days grace period to see if I could change anything (raise fees and enroll and renew permit) but it didn't happen.

I then left Canada in May or June 2016 now after overstaying my visa for about maybe 7 or 8 months unfortunately.

When I returned to Dubai (where my family is based, I have a Nigerian passport) in MAY/JUNE 2016, I started an online E-commerce business and it became successful quickly and I raised alot of money fairly quickly.

I immediately got immigration lawyers and applied back to school in Canada. I provided the lawyers with all the business documents and all the money I now had and they sent it all to immigration with my application.

The application was DENIED. We appealed and it got DENIED again, now with immigration saying my documents weren't AUTHENTIC.

We took it to the Federal court where it got DENIED AGAIN!!

This was back in December 2017. It's been 2 years now and I'm planning to return to Canada.

So I need your help with information. On my application now it's on my record that I overstayed and I have provided documents that weren't authentic even though they're my documents for my business that I have running until today!

I have to travel back to Canada and I don't know how I'll get in. The last consultation I had, the lawyer said no it was too complicated with a low chance of success and even refunded my consultation money.

I need your help, anyone's help. What's the best way I can travel back? I don't even want to go as a student. Investments, skilled workers, anything. Please help me. With what you now know about my record, what's my best chance and my best route?

Your case is really complicated. You have violated many immigration rules. I doubt if you are not bar for inadmissibility especially for misrepresentation. Your first contact lawyer to me is not an expert in Canada immigration. I know of few international students in Canada that took one or two semesters off their studies without school permission. But now with Post-Graduate Work Permit. There are many convincing and circumstances that may warrant international student to be out of study. It is a pity you went far to Federal Court and got your application dismiss. If your lawyer was smart he could have asked for TRP to make sure you are present in Canada during your case hearing. Unfortunately, you don't have good reasons or ground. Is your brother in Canada a blood relation? Except in extreme situation where you are the only family member that is left for the relation in Canada, and there is a need for you to be here. My first advice for you is to apply for ATIP (CAIPS/FOSS) officer notes. Where you will be able to tell if you are bar or have a record of your past immigration application in Canada. Thereafter, you will know whether to apply for rehabilitation with more reasonable or justifiable reason why you overstayed or present fraudulent document. For example, if the immigration agent/ lawyer in Dubai was the fabricator of the document, then did you report him to appropriate authority. What made your financial situation bad as an international student especially when you were supposed to have a sponsor. Which I believe will be a family member or otherwise a scholarship.

 

[thatblingring]

The overstay may be small in your eyes , but in the Government’s eyes you broke the rules, and as far as they are concerned , who is say that in the future you won’t do it again if you’re issued a TRV, since it seems you don’t think it’s a big issue . Some people assume it’s not a big deal to overstay their stay on a TRV , this should be a lesson for others, follow the rules , visas are a privilege, not a right. And what can be given can be taken away

If I may, I understand my the gravity of my overstay. Of course I do, I didn't want to stay past the terms of my visa but at the time in 2016 I had no money to leave and a friend would pay me cash to help just move boxes and clean for him. It was a very tough time in my life in general but I didn't have any money on me for a plane ticket.

I knew the consequences before the visa expired if I overstayed and as a 19 - 20 year old who had no money and wasn't allowed to work under the terms of my visa, I had to overstay until I raised the money to leave. It wasn't a black/white situation.

Now that I built a company and I'm financially stable and can support myself for the very long term, I'd like to move to Vancouver again to continue living as that was my original plan from when I moved there as a teen.

What I meant was that people have overstayed in the past, and still gotten back, I didn't mean it was not a significant stain on your credibility and a violation of the law.

 

[thatblingring]

Your case is really complicated. You have violated many immigration rules. I doubt if you are not bar for inadmissibility especially for misrepresentation. Your first contact lawyer to me is not an expert in Canada immigration. I know of few international students in Canada that took one or two semesters off their studies without school permission. But now with Post-Graduate Work Permit. There are many convincing and circumstances that may warrant international student to be out of study. It is a pity you went far to Federal Court and got your application dismiss. If your lawyer was smart he could have asked for TRP to make sure you are present in Canada during your case hearing. Unfortunately, you don't have good reasons or ground. Is your brother in Canada a blood relation? Except in extreme situation where you are the only family member that is left for the relation in Canada, and there is a need for you to be here. My first advice for you is to apply for ATIP (CAIPS/FOSS) officer notes. Where you will be able to tell if you are bar or have a record of your past immigration application in Canada. Thereafter, you will know whether to apply for rehabilitation with more reasonable or justifiable reason why you overstayed or present fraudulent document. For example, if the immigration agent/ lawyer in Dubai was the fabricator of the document, then did you report him to appropriate authority. What made your financial situation bad as an international student especially when you were supposed to have a sponsor. Which I believe will be a family member or otherwise a scholarship.

Yes in my opinion, the first lawyers I worked with, I feel weren't the best to handle it. And a lot of lawyers will simply run through the case for the bill. Yes right now I'm just about applying for the ATIP file so I can present it to a firm that I'll be sure can give me the best legal advice.

I wouldn't say there was a reason for my overstay as to try to justify it, but that's how it played out and hopefully I can try again to explain that aspect and apologize to IRCC while presenting all information for their satisfaction needed for my immigration if I get the chance moving forward.

The documents were NOT fraudulent. They were and are my business and company financial statements until today. It's possible to build a business and have it generate lots and lots of revenue in a short time - especially with E-Commerce. No one fabricated anything. I can present up-to-date business documents to IRCC at this very second if needed.

The firm I worked with before weren't in Dubai, they were in Canada. I just think because the amount of business documentation I provided to IRCC was a bit much (because I literally gave them EVERYTHING on my company), they didn't have the time to go through them and just wrote it off completely.

Yes it was family.

 

[thatblingring]

I believe after everything written here (question and replies), the best route from here is to seek legal advice (while providing them with the ATIP notes) for full on immigration as it sounds like obtaining a temporary visa is forever out of the question. Thanks everyone.

I'll keep the thread updated with my progress, just in case anyone is curious as to how it all turns out. Hopefully with my last post coming in from Vancouver haha. Thanks again everyone.

If anyone does have more to say, please feel free, I would love to take all advice and see how they can fit into my journey.