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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I overstayed a Canadian student visa for a year in 2014. I

Customer Question

I overstayed a Canadian student visa for a year in 2014.
I overstayed mainly because of negligence, I forgot about the deadline and I was so into my studies that I didn't realize until it was way too late.
Now I want to know what reppercusions there might be. I live in Ecuador and I've been going many times to the U.S. as a tourist and so far I haven't had any problems there.
Also my brothers are applying for a student visa and there are questions about my current legal status in Canada
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.
Thank you for your question.Are you saying that you have not been back to Canada since 2014?
Customer: replied 4 months ago.
that is right
Expert:  Legal Ease replied 4 months ago.
Were you asked to leave?
Customer: replied 4 months ago.
No never
Expert:  Legal Ease replied 4 months ago.
you have no legal status in Canada but at the same time you have nothing that will prevent you from reentering for a visit.If you are asked if you have ever been told to leave Canada or told that you cannot enter the answer is no.However, if they ask you when you left you will have to be honest because lying to the immigration officer at the border is an offence.The fact that you have travelled and entered the US many times will help you enter Canada because it will show that you regularly travel and do not overstay in the US.Does that help as a starting point?Feel free to post back with any follow-up questions you may have. If you feel that we are done then I hope I have earned a five star rating. However, if you don't agree that I have earned this rating please do not hesitate to let me know how I can better assist you. Finally, please know that even after you rate me I will still be here for you and will be able to answer any follow-up questions you may have at no further charge.
Customer: replied 4 months ago.
Alright so I can apply for a visitor's visa? Because I have some personal things in Canada, I would like to retrieve.Also I want to know about my brothers, will they have any problem in their application because of my negligence?
Yesterday their application was refused because my parents filled wrongly about my status there. Now we want to send the documents back, I guess in my letter I have to explain my current status? That I left Canada 2 years ago and I haven't been there since, I was a tourist in the U.S. Colombia and Argentina and now I live in Ecuador.
Expert:  Legal Ease replied 4 months ago.

Your brothers' applications should not have anything to do with your previous history with Canada.

I don't know what your parents stated but you were on a study permit and you haven't been back since you finished studying in Canada and now you want to come back for a visit.

Customer: replied 4 months ago.
They stated that I have legal status there when I don't. It was mainly a mistake in our conversations because I love travelling
So when the refusal letter came with the passports the Canadian officer stated that he doesn't know about my current legal situation in Canada. I guess he was waiting for a copy of my visa (If I had one)
Now I have to explain all of this in a letter and send it to them right?
Expert:  Legal Ease replied 4 months ago.
That is correct. Just send a letter explaining that your mother made an error and that she did not understand that because you finished your studies and your work permit expired you no longer have legal status and you arevsimply asking to enter as a visitor.
Customer: replied 4 months ago.
Ok, so I have to send their passports back so they can process it again? Because their student visas were denied because of this mistake.
Also I haven't applied yet for a tourist visa
Expert:  Legal Ease replied 4 months ago.

Yes this has to be done again.

It may be best for them to apply together for their student visas.

Then you apply separately for your tourist visa.

Customer: replied 4 months ago.
Ok thank you very very much!
Expert:  Legal Ease replied 4 months ago.

You are very welcome.

I am glad you like to come back for visits! That speaks well of your time here.

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