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Visa enquiries for a UK overstayer

skyphaz

Newbie
Feb 22, 2024
4
0
Hi.
I'm currently in the UK and want to go back home and apply to study in Canada but I have overstayed since when I got in the UK. Been following up to get my settlement but they keep refusing.
So wanted to know if that would be a problem if I try to apply b
 

Naturgrl

VIP Member
Apr 5, 2020
39,656
8,161
Hi.
I'm currently in the UK and want to go back home and apply to study in Canada but I have overstayed since when I got in the UK. Been following up to get my settlement but they keep refusing.
So wanted to know if that would be a problem if I try to apply b
Declare your overstay. Approval is based on your profile. Overstay may be an issue depending on how long and reasons, but will not know until you apply and get response from IRCC.
 

skyphaz

Newbie
Feb 22, 2024
4
0
But do you think my reason is quite a good one.
Thus, my overstay happened because I started my settlement application before my visa expired and therefore had to wait for some time to get a respond but unfortunately the responds was negative and had to involve lawyers ans barristers however been following up since January 2022
 

Naturgrl

VIP Member
Apr 5, 2020
39,656
8,161
But do you think my reason is quite a good one.
Thus, my overstay happened because I started my settlement application before my visa expired and therefore had to wait for some time to get a respond but unfortunately the responds was negative and had to involve lawyers ans barristers however been following up since January 2022
There really no good reason for an overstay, and two years is a long time. Be honest. You need a strong profile - funds, career/education progression to justify costs and strong ties to return after studies.
 

skyphaz

Newbie
Feb 22, 2024
4
0
But can I still apply without going back to my home country and do the biometrics here after I gain the school admission
 

Naturgrl

VIP Member
Apr 5, 2020
39,656
8,161
But can I still apply without going back to my home country and do the biometrics here after I gain the school admission
You can but the issue is that you are applying from the UK where you have no status. You have to show ties to return and show that you have a UK permit to return to. IRCC can refuse because you don’t live in your country of citizenship and you don’t have status in the UK. You need to show that you can return to the country you are applying from following your studies. Given your overstay you may have better chances from home country. Ties to return are spouse/child, properties, investments, job opportunities etc.

Are you doing a Masters/PHD? If not, school admission is not enough. Provinces are now capped on the number of students so you will need a letter of attestation from the province. Pick a program that builds on current career (higher pay) and education to justify costs. Pay first year tuition and show minimum of $21k.
 
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canuck78

VIP Member
Jun 18, 2017
52,969
12,768
But can I still apply without going back to my home country and do the biometrics here after I gain the school admission
Realistically it will be almost impossible to get a study permit from the UK. You should really move back to your home country and reestablish ties to your home country before you attempt to secure a study permit. I would also apply to a top school and preferably for an advanced degree like masters or PhD.
 

skyphaz

Newbie
Feb 22, 2024
4
0
I actually have my mum in the UK and she has her settlement status
But I wanted to know if everything can be done using my home country details and get the biometric done in any vfs Canada in the UK.
 

Naturgrl

VIP Member
Apr 5, 2020
39,656
8,161
I actually have my mum in the UK and she has her settlement status
But I wanted to know if everything can be done using my home country details and get the biometric done in any vfs Canada in the UK.
You aren’t applying from home country so what are you showing for home country details? What are you showing as ties to return? IRCC knows where you are applying from.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I actually have my mum in the UK and she has her settlement status
But I wanted to know if everything can be done using my home country details and get the biometric done in any vfs Canada in the UK.
Your mother have status in the UK doesn’t mean anything. Have you been working with a lawyer to know if you qualify to settle in the UK. What have you been applying for? If for example you have been applying for asylum it will be nearly impossible to get a temporary permit to come to Canada because Canada shares immigration information with the UK. You can technically do biometrics and your medical in the UK but you will need to show proof of ties to come study in Canada and need to show how studying in Canada will benefit you when you return to your home country and lead to career progression. You also will need to show you have ties to your home country to return to like a home, family (spouse and children preferably), etc. It is difficult to get approved for a study permit even if you are living in a 3rd country and have valid status.