Do I need LoE for overstay in Canada when applying for visitor visa

[donnydarko]

Hello,

1. I was a student and then after getting PGWP, I worked in Canada as a production worker (NOC C). I still applied for PR under NOC B (thinking that my employer would give me the employment letter, mentioning a job title that would meet the requirements of NOC B job, but he never did)
2. After applying for the PR, I also applied for the BOWP (paper application) because my work permit was going to expire soon.
3. I got an ITA for PR (Nov, 2016), but didn't submitted the documents to PR application. And eventually it expired in next 6 months
4. In the meantime, I contacted IRCC multiple times but they never had any info about the BOWP application
5. I overstayed in Canada from May, 2016 to Jan, 2018
6. Didn’t get any notice from the govt. that I need to leave the country
7. Came back on my own in Jan, 2018
8. Now I want to apply for tourist visa and visit my girlfriend. She is going to host me for my stay in Canada for 2-3 weeks

I will be writing LoE explaining my overstay. I will be mentioning that I overstayed because I never received a response for my BOWP application. But would I also need to explain as to why I didn't submitted the documents for PR application and let the ITA expire ? The only reason I didn't submitted the documents is because my employer didn't give me an Employment Letter that would meet the requirements for having a NOC B job.

Thanks

 

[scylla]

Hello,

1. I was a student and then after getting PGWP, I worked in Canada as a production worker (NOC C). I still applied for PR under NOC B (thinking that my employer would give me the employment letter, mentioning a job title that would meet the requirements of NOC B job, but he never did)
2. After applying for the PR, I also applied for the BOWP (paper application) because my work permit was going to expire soon.
3. I got an ITA for PR (Nov, 2016), but didn't submitted the documents to PR application. And eventually it expired in next 6 months
4. In the meantime, I contacted IRCC multiple times but they never had any info about the BOWP application
5. I overstayed in Canada from May, 2016 to Jan, 2018
6. Didn’t get any notice from the govt. that I need to leave the country
7. Came back on my own in Jan, 2018
8. Now I want to apply for tourist visa and visit my girlfriend. She is going to host me for my stay in Canada for 2-3 weeks

I will be writing LoE explaining my overstay. I will be mentioning that I overstayed because I never received a response for my BOWP application. But would I also need to explain as to why I didn't submitted the documents for PR application and let the ITA expire ? The only reason I didn't submitted the documents is because my employer didn't give me an Employment Letter that would meet the requirements for having a NOC B job.

Thanks

Did you continue working from May 2016 to Jan 2018?

Based on what you said above, it's a messy situation. Not sure I would use the BOWP as the excuse for why you overstayed. If you never submitted your complete application after receiving ITA, then you never actually qualified for the BOWP.

If you want to include an LOE, I would recommend that you simply state you overstayed and show responsibility for that decision. I'm not sure mentioning the BOWP will work in your favour given you were never entitled to apply.

 

[YVR123]

Thank you for your response.

Yes, I continued working with my expired SIN at the same company

I submitted my online PR application under CEC in May, 2016, just a week before my PGWP was going to expire. And in order for me to have a legal status in Canada, I applied for paper based BOWP application at the same time as the PR application.

I got ITA in Nov 2016. I just didn't respond to that ITA. So the BOWP was supposed to cover me from the date of applying for PR (May 2016) until receiving ITA (Nov 2016)

Do you still think I should take the ownership of the overstay without mentioning the reason? Wouldn't it look equally bad when I apply for visitor visa?

I don't see a big difference between overstay from May 2016 vs from Nov 2016 to Jan 2018.
You never get AOR for BOWP, maybe your application never reach IRCC and you were out of status since May 2016.

 

[donnydarko]

I don't see a big difference between overstay from May 2016 vs from Nov 2016 to Jan 2018.
You never get AOR for BOWP, maybe your application never reach IRCC and you were out of status since May 2016.

When I submitted the BOWP for the first time, it was returned back to me, stating "For more information on where to submit your application, please visit the CIC website". So it was sent to the wrong address initially. But then I submitted the application to the right address.
I am just confused if I should explain why I let the ITA for the PR expire in the LoE or just leave it ? Any suggestions would be much appreciated!

 

[donnydarko]

Did you continue working from May 2016 to Jan 2018?

Based on what you said above, it's a messy situation. Not sure I would use the BOWP as the excuse for why you overstayed. If you never submitted your complete application after receiving ITA, then you never actually qualified for the BOWP.

If you want to include an LOE, I would recommend that you simply state you overstayed and show responsibility for that decision. I'm not sure mentioning the BOWP will work in your favour given you were never entitled to apply.

Thank you for your response.

Yes, I continued working with my expired SIN at the same company

I submitted my online PR application under CEC in May, 2016, just a week before my PGWP was going to expire. And in order for me to have a legal status in Canada, I applied for paper based BOWP application at the same time as the PR application.

I got ITA in Nov 2016. I just didn't respond to that ITA. So the BOWP was supposed to cover me from the date of applying for PR (May 2016) until receiving ITA (Nov 2016)

Do you still think I should take the ownership of the overstay without mentioning the reason? Wouldn't it look equally bad when I apply for visitor visa?

 

[scylla]

Thank you for your response.

Yes, I continued working with my expired SIN at the same company

I submitted my online PR application under CEC in May, 2016, just a week before my PGWP was going to expire. And in order for me to have a legal status in Canada, I applied for paper based BOWP application at the same time as the PR application.

I got ITA in Nov 2016. I just didn't respond to that ITA. So the BOWP was supposed to cover me from the date of applying for PR (May 2016) until receiving ITA (Nov 2016)

Do you still think I should take the ownership of the overstay without mentioning the reason? Wouldn't it look equally bad when I apply for visitor visa?

You never applied for PR. All you did was submit an Express Entry profile.

You weren't entitled to apply for the BOWP. So yes, IMO you need to take ownership for the overstay. I guess you can try saying that you misunderstood the rules. However you definitely did not qualify to apply for a BOWP and therefore can't lay the blame with IRCC. The purpose of a BOWP is not to cover you from the date you submit your EE profile to the date of the ITA. The purpose of the BOWP is to cover you from the time you submit your PR application post-ITA to the time PR is approved.

What you did was submit an Express Entry profile (you did not apply for PR). Submitting an Express Entry profile does not entitle you to apply for a BOWP.

You are only entitled to apply for a BOWP once all of the below happens:
- you receive ITA
AND
- you submit your complete application for PR after receiving ITA
AND
- you receive AOR from IRCC acknowledging they have received your PR application post-ITA
AND
- you still hold a valid work permit

 

[scylla]

Thank you for your response.

Yes, I continued working with my expired SIN at the same company

I submitted my online PR application under CEC in May, 2016, just a week before my PGWP was going to expire. And in order for me to have a legal status in Canada, I applied for paper based BOWP application at the same time as the PR application.

I got ITA in Nov 2016. I just didn't respond to that ITA. So the BOWP was supposed to cover me from the date of applying for PR (May 2016) until receiving ITA (Nov 2016)

Do you still think I should take the ownership of the overstay without mentioning the reason? Wouldn't it look equally bad when I apply for visitor visa?

Just to make it very clear for the purposes of any LOE you may write to IRCC. You never applied for PR. Don't claim that in your letter since this is wrong. You submitted an Express Entry profile. You also received ITA. However you never submitted an application for PR.