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Is this situation a problem?

Printed From: Canada Immigration and Visa Discussion Forum
Category: Canada Visa / Temporary Entry Topics
Forum Name: Study Visa
Forum Description:
Printed Date: 22 Apr 2021 at 10:12pm

Topic: Is this situation a problem?
Posted By: fady
Subject: Is this situation a problem?
Date Posted: 26 Apr 2012 at 5:15am
Hello everybody,

I am in a very serious situation and I'm asking for your advice, please!

My Study permit expired April 20th, 2011
I created an application for extension (using a new passport with a new number) on the 8th of April, 2011, and completed and transmitted it on April 19th (one day before my expiry.)

I left to my home country on the 28th. I understood it was legal for me to stay these 8 days because I had an application for extension processing (which is was the CIC website said and the international student advisor at my school said.)

However, after I returned to my home country, I couldn't change the mailing address for this new permit and I went to apply for a new one at the embassy (thinking there's nothing wrong with my file,anyways)

I got refused two times and in the second time the only reason was "I didn't satisfy the officer I would return to my home country after the period I'm authorised to stay"

Needless to say, its a very serious situation for me now because I can't continue my study. I didn't even intend to immigrate to Canada after I finish!

So I'm thinking, would it have anything to do with these 8 days I mentioned above? I have a third application being processed now in the hopes of getting accepted, would it do any help to submit a follow up document to my application explaining this situation.

And the reason why I submitted my extension application very late (but still before expiry) is that my new passport arrived by mail very late, which is not something I can help.

Sorry for the long message and any help would be tremendously appreciated!

Posted By: dpenabill
Date Posted: 26 Apr 2012 at 4:37pm
I do not know the answer to your query outright.

But I doubt anyone does since such things are so dependent on a wide range of variables which, in turn, affect one another.

That said, in such matters, the entirety of one's history is, to some extent or a lesser extent, with some things looming to a much larger extent, a factor. So, my guess, yes, it is a factor, but probably not much of one. That is, my guess is that many other factors are more important.

A Canadian immigration lawyer is usually a good resource when dealing with such detailed, specific cases. Not a consultant. A licensed, practicing immigration lawyer in Canada.

Unfortunately, as a side note, the nuances in such things probably have little or no weight, there usually being little or no opportunity to even explain or elaborate on the nuances (such as, for example, why you ended up staying as long as you did); such factors (such as a brief overstay) will have this or that impact, and excuses, justifications, or explanations usually (not always -- depends on the situation some) do not get heard or looked at let alone given much if any consideration.

All that said, short overstays followed by a voluntary departure are rarely much if any of a problem. In itself, this is, I think, extremely minor. It is only in context with other factors that it probably weighs much, again if any.

Again, I do not really know any of the above and I am saying this largely in a very general context, not specific to the study permit context. That is, the above is my opinion based on how CIC approaches applications for temporary stays in Canada in the most general sense.

Perhaps someone with more specific information about study permits can offer you more.

By the way: I do not mean to say, above, that those days were even an "overstay," since you made the application for an extension prior to the expiration of your current status at that time . . . but, even if an overstay, again, brief overstays are not usually much of a deal, no big deal except in rare circumstances. There are potential reasons why it might have been an overstay (why you did not have "implied status"), depending on how you sent the application into CIC (must be received by them prior to the expiration of current status, for example, to evoke the "implied" status). Though, again, I doubt that even if it was that it matters much.

Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.

BTW: Not an expert, not a Can. lawyer, never worked in immigration

Posted By: MajidS
Date Posted: 28 Apr 2012 at 12:30pm
Originally posted by fady fady wrote:

 ........ and completed and transmitted it on April 19th (one day before my expiry.)

I left to my home country on the 28th. I understood it was legal for me to stay these 8 days .......
I am just guessing here with no real idea on what may have happened to your file. But I suspect you cut it too close to the deadline. I think CIC website says one is supposed to submit an application for extension weeks (or months) before expiry. There is a possibility your application was "acknowledged" by CIC only AFTER April 20, 2011, in which case your 8 extra days in Canada until the 28th of April were officially regarded as "out of status". There's is a possiblity that is what has been flagged in your file.
Advise, get a lawyer, and get the FOSS notes on your file that will give you more details on any red flags or notes put into your file by CIC.

Posted By: canvis2006
Date Posted: 06 May 2012 at 11:54pm
And next time, do not leave Canada without first obtaining the TRV/permit so that a return is hassle-free.

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