what could be my next step?

[Muj]

Hello

My history with Canada has been pretty long. I overstayed in Canada before I returned to India in 2019. After I returned I started working in India at a baking store. I applied for Baking and Pastry Arts again to pursue my education in Canada. I applied for a fresh Study Permit application through a law firm based off Toronto on January 2021 and they laid out the details in a very detailed fashion. I could say my application was a strong one. However, I received a refusal again today April 12, 2021 and as per the facts and my overstay I wasn't fully convinced that my application will receive a positive outcome.

As per current situation, my lawyers adviced me to go for an appeal at the federal court. They mentioned in the past, how they already created grounds thinking about the possible refusal, they reinstated that fact again today. They adviced to begin with 'Application for leave' and further see how it unfolds. They also mentioned I have a strong ground since I left Canada after my refusal - she quoted 'Personally, I think that the decision is unreasonable as indicated in the refusal letter because you did leave Canada when your status expired in the past. That seems to be reasonable evidence of the fact that you will do the same in the future'. She also quoted 'Please note that sometimes, IRCC settles the matter and there is not need for the second stage. However, we cannot guarantee that will be the case in your situation'.

I am little confused at this point of time as to where I should be directing my energy. I am not sure if I have the option to apply for Express Entry, considering the fact that I overstayed and if IRCC will hold that against me.

My refusal letter states: I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

I would like to know how does the timeline for the first stage and second stage of appeal looks like, especially with the pandemic in place.

Please shed some light as to what could be my best option.

Thanks in advance.

 

[aspirant256]

Did you ask your lawyer what would be the case if one loses the judicial review? I mean if the IRCC doesn't offer settlement and the court dismisses the case? will you be able to apply again through IRCC? and what will be the chances of approval then, since IRCC will have in their record that you went to court against their decision. This is what keeps me from going to court. Since not many people go for a JR so it's not clear what happens if someone loses JR.

 

[scylla]

Hello

My history with Canada has been pretty long. I overstayed in Canada before I returned to India in 2019. After I returned I started working in India at a baking store. I applied for Baking and Pastry Arts again to pursue my education in Canada. I applied for a fresh Study Permit application through a law firm based off Toronto on January 2021 and they laid out the details in a very detailed fashion. I could say my application was a strong one. However, I received a refusal again today April 12, 2021 and as per the facts and my overstay I wasn't fully convinced that my application will receive a positive outcome.

As per current situation, my lawyers adviced me to go for an appeal at the federal court. They mentioned in the past, how they already created grounds thinking about the possible refusal, they reinstated that fact again today. They adviced to begin with 'Application for leave' and further see how it unfolds. They also mentioned I have a strong ground since I left Canada after my refusal - she quoted 'Personally, I think that the decision is unreasonable as indicated in the refusal letter because you did leave Canada when your status expired in the past. That seems to be reasonable evidence of the fact that you will do the same in the future'. She also quoted 'Please note that sometimes, IRCC settles the matter and there is not need for the second stage. However, we cannot guarantee that will be the case in your situation'.

I am little confused at this point of time as to where I should be directing my energy. I am not sure if I have the option to apply for Express Entry, considering the fact that I overstayed and if IRCC will hold that against me.

My refusal letter states: I am not satisfied that you will leave Canada at the end of your stay, as stipulated in subsection 216(1) of the IRPR, based on the purpose of your visit.

I would like to know how does the timeline for the first stage and second stage of appeal looks like, especially with the pandemic in place.

Please shed some light as to what could be my best option.

Thanks in advance.

You can certainly apply for Express Entry provided you list all of your refusals for Canadian visas in the application. This won't be a barrier to getting approved through Express Entry. What is most important for EE is how many points you have. You want to have 470+ points to have a decent chance of being selected for PR out of the applicant pool.

I can't comment on the appeal option. If I remember correctly, you have a complicated past history in Canada that includes a failed restoration and TRP application.

 

[Muj]

You can certainly apply for Express Entry provided you list all of your refusals for Canadian visas in the application. This won't be a barrier to getting approved through Express Entry. What is most important for EE is how many points you have. You want to have 470+ points to have a decent chance of being selected for PR out of the applicant pool.

I can't comment on the appeal option. If I remember correctly, you have a complicated past history in Canada that includes a failed restoration and TRP application.

Thanks for the reply.

I currently have 420 points including current work experience. You are right I do have a complicated history. You mentioned before how I can apply with a strong case for study permit and if it gets refused I can get qualified for PR through EE.

If I could ask you, if I go for the appeal and if I get dismissed will that effect my future application for Express Entry? I hope you can comment on that.

 

[scylla]

Thanks for the reply.

I currently have 420 points including current work experience. You are right I do have a complicated history. You mentioned before how I can apply with a strong case for study permit and if it gets refused I can get qualified for PR through EE.

If I could ask you, if I go for the appeal and if I get dismissed will that effect my future application for Express Entry? I hope you can comment on that.

If the appeal is refused, you can still apply for Express Entry later. You'll need to increase your EE points however if you want a chance of being selected. Unfortunately 420 is too low.

 

[Muj]

If the appeal is refused, you can still apply for Express Entry later. You'll need to increase your EE points however if you want a chance of being selected. Unfortunately 420 is too low.

will ircc not hold that appeal against me?

 

[scylla]

will ircc not hold that appeal against me?

Not for Express Entry.

 

[Muj]

Not for Express Entry.

Thanks. I decided to retain further services with my law firm. They said they will try to settle the matter in the first stage, however they cannot gaurantee it will be settled right then.

Could you tell me is there a special procedure or does it take any extra documentation where my lawyer could ask to settle the case? OR IRCC offers the settlement if they wish to?

 

[scylla]

Thanks. I decided to retain further services with my law firm. They said they will try to settle the matter in the first stage, however they cannot gaurantee it will be settled right then.

Could you tell me is there a special procedure or does it take any extra documentation where my lawyer could ask to settle the case? OR IRCC offers the settlement if they wish to?

You should speak with your lawyer about the steps involved in the JD process. Good luck.

 

[Muj]

You should speak with your lawyer about the steps involved in the JD process. Good luck.

Awesome Thanks