Documents to Support Overstaying Student Visa

[tjl34]

Hi,

My gf overstayed her student visa by about 11 months. Expired Sept 2021, she only found out about it a couple months later, and then willingly left July 2022. She’s now applying for an extension. Any specific documents she needs/things to write in her letter to build her case? Or is there no point? She has a lawyer at her university helping her. She’s going to receive a letter from the doctor who prescribed her with depression meds as well, as the reason she overstayed so long. She’s already paid for next semester fees. Her uncle who is the chief of justice in her country is writing an affidavit confirming her strong ties with property and family in her home country. Her father is writing a statement of financial responsibility. All of her things are still in Canada and also her cat. Should she include that in her letter? I assume she also shouldn’t mention she has a partner as that would increase the belief of overstaying once again?

thanks any advice is appreciated

 

[scylla]

Hi,

My gf overstayed her student visa by about 11 months. Expired Sept 2021, she only found out about it a couple months later, and then willingly left July 2022. She’s now applying for an extension. Any specific documents she needs/things to write in her letter to build her case? Or is there no point? She has a lawyer at her university helping her. She’s going to receive a letter from the doctor who prescribed her with depression meds as well, as the reason she overstayed so long. She’s already paid for next semester fees. Her uncle who is the chief of justice in her country is writing an affidavit confirming her strong ties with property and family in her home country. Her father is writing a statement of financial responsibility. All of her things are still in Canada and also her cat. Should she include that in her letter? I assume she also shouldn’t mention she has a partner as that would increase the belief of overstaying once again?

thanks any advice is appreciated

She is not applying for an extension. She needs to apply for a new study permit.

The affidavit from her uncle isn't of any value. I wouldn't include that. To me that makes it look like you are trying to hard.

Yes, her father can include a statement of financial responsibility.

I can't comment on the rest. If she's unsure how to create a strong application, then she would be best off hiring a Canadian immigration lawyer to help her.

 

[Simba112]

Hi,

My gf overstayed her student visa by about 11 months. Expired Sept 2021, she only found out about it a couple months later, and then willingly left July 2022. She’s now applying for an extension. Any specific documents she needs/things to write in her letter to build her case? Or is there no point? She has a lawyer at her university helping her. She’s going to receive a letter from the doctor who prescribed her with depression meds as well, as the reason she overstayed so long. She’s already paid for next semester fees. Her uncle who is the chief of justice in her country is writing an affidavit confirming her strong ties with property and family in her home country. Her father is writing a statement of financial responsibility. All of her things are still in Canada and also her cat. Should she include that in her letter? I assume she also shouldn’t mention she has a partner as that would increase the belief of overstaying once again?

thanks any advice is appreciated

She needs to apply for a new study permit. her chances are slim since she violated her visa by overstaying, not only for few days but 11 months? how is depression justify overstaying? She may be inadmissible for failure to comply with provisions of IRPA
https://www.canada.ca/en/immigratio...immigrate-canada/inadmissibility/reasons.html

 

[tjl34]

She is not applying for an extension. She needs to apply for a new study permit.

The affidavit from her uncle isn't of any value. I wouldn't include that. To me that makes it look like you are trying to hard.

Yes, her father can include a statement of financial responsibility.

I can't comment on the rest. If she's unsure how to create a strong application, then she would be best off hiring a Canadian immigration lawyer to help her.

Hey, there’s a thing as trying too hard while applying for a permit? She does have a lawyer helping her. Btw the affidavit includes solely property values and states her as the heir

 

[scylla]

Hey, there’s a thing as trying too hard while applying for a permit? She does have a lawyer helping her. Btw the affidavit includes solely property values and states her as the heir

Yes, there is. It doesn't not help the application to throw in irrelevant documents. It can harm the application.

Basically you're asking IRCC to disregard the overstay because the applicant has a close family member who is a very high ranking official in their home country. So special treatment because her uncle is someone important. Political favours don't play well in Canada and are technically illegal. IRCC is going to frown on this if you try to play this card. Best case scenario they'll just disregard it. Worst case they'll hold it against her.

Focus should be on documents from your gf and her parents.

 

[tjl34]

Yes, there is. It doesn't not help the application to throw in irrelevant documents. It can harm the application.

Basically you're asking IRCC to disregard the overstay because the applicant has a close family member who is a very high ranking official in their home country. So special treatment because her uncle is someone important. Political favours don't play well in Canada and are technically illegal. IRCC is going to frown on this if you try to play this card. Best case scenario they'll just disregard it. Worst case they'll hold it against her.

Focus should be on documents from your gf and her parents.

The document does not state her uncle being someone important. It is merely a court document and a bank document stating her parents’ land values and her as the sole legal heir. The reason for this document is to provide further evidence on why she wouldn’t leave her family in her home country and stay in Canada illegally after her studies are complete, should she receive a new visa.

 

[scylla]

The document does not state her uncle being someone important. It is merely a court document and a bank document stating her parents’ land values and her as the sole legal heir. The reason for this document is to provide further evidence on why she wouldn’t leave her family in her home country and stay in Canada illegally after her studies are complete, should she receive a new visa.

This serves no purpose or value. This is not evidence that helps her case. If she wants to include evidence to prove this, include the land ownership papers showing her parents own this land, along with the land values and then provide a letter from the parents (not the uncle), or preferably a will, showing her as sole heir. Note that generally speaking, IRCC doesn't give much value to property someone is going to inherit in the future as a tie.

You mentioned in two posts that her uncle is a high ranking official so if feels like you hope this will help her. It won't.

In my opinion one of the most important thigs to explain is her dropping out of school and overstaying. You want to provide doctor's notes on this (from the DRs. she saw in Canada) and also treatment information. And information on why she is now better and prepared to return to classes.

Anyway, her call what she does.

 

[Simba112]

The document does not state her uncle being someone important. It is merely a court document and a bank document stating her parents’ land values and her as the sole legal heir. The reason for this document is to provide further evidence on why she wouldn’t leave her family in her home country and stay in Canada illegally after her studies are complete, should she receive a new visa.

Serve no purpose since she already has a record of overstaying. Its irrelevant document, focus on why she wont overstay again

 

[tjl34]

This serves no purpose or value. This is not evidence that helps her case. If she wants to include evidence to prove this, include the land ownership papers showing her parents own this land, along with the land values and then provide a letter from the parents (not the uncle), or preferably a will, showing her as sole heir. Note that generally speaking, IRCC doesn't give much value to property someone is going to inherit in the future as a tie.

You mentioned in two posts that her uncle is a high ranking official so if feels like you hope this will help her. It won't.

In my opinion one of the most important thigs to explain is her dropping out of school and overstaying. You want to provide doctor's notes on this (from the DRs. she saw in Canada) and also treatment information. And information on why she is now better and prepared to return to classes.

Anyway, her call what she does.

Thanks. Do you think I could dm you the documents she’s planning on submitting? The court ones?

 

[scylla]

Thanks. Do you think I could dm you the documents she’s planning on submitting? The court ones?

Please post your questions to the forum vs, private messaging. I'm not an immigration lawyer and am not qualified to give private advice. Posting your questions to the forum also allows others to benefit from the answers you receive.

If you would really prefer private advice, then working with a lawyer is the way to go.

 

[Ponga]

AFAIK, it is only an Inland Spousal Sponsorship applicant that can `benefit' from an overstay, since that is usually waived under the public policy that has been in place, exclusive to those applicants. It not only includes an overstay, but also a person that worked or studied without authorization...even if it was all three! Crazy generous, IMHO. Obviously irrelevant to the OP, mostly because she is no longer in Canada, but just sharing the info.

 

[YVR123]

The document does not state her uncle being someone important. It is merely a court document and a bank document stating her parents’ land values and her as the sole legal heir. The reason for this document is to provide further evidence on why she wouldn’t leave her family in her home country and stay in Canada illegally after her studies are complete, should she receive a new visa.

Agree with others. Since these are not NEW condition for her. She DID over stay for 11 months while she wouldn't supposed to leave her family in her home country and stay in Canada illegally.

SHe may have a higher chance to explain her overstay was caused by a medical condition so that she couldn't attended school.

 

[tjl34]

Agree with others. Since these are not NEW condition for her. She DID over stay for 11 months while she wouldn't supposed to leave her family in her home country and stay in Canada illegally.

SHe may have a higher chance to explain her overstay was caused by a medical condition so that she couldn't attended school.

Hey, thanks. Yeah her letter will focus on that. She will receive a note/letter from her doctor and proof of the medication she was taking. So basically because she overstayed there’s no point in providing proof that she won’t overstay again

 

[YVR123]

Hey, thanks. Yeah her letter will focus on that. She will receive a note/letter from her doctor and proof of the medication she was taking. So basically because she overstayed there’s no point in providing proof that she won’t overstay again

She needs something new that shows her home tie and helps to show now there is a stronger tie compare to last time.
It's still a tough call.

 

[tjl34]

She needs something new that shows her home tie and helps to show now there is a stronger tie compare to last time.
It's still a tough call.

Technically the proof of property is a new tie to her home country. She didn’t add that the last time she applied.