OVERSTAY, Now what

[Caregiver321]

Hi
Some bqckground: worked as live in caregiver for 20 months, 30/hours a week ()4 months short of PR eligibility. Hired an agent to help me connect with employer. Agent applied for LMIA Jan 2017 for new job. I was told no need to worry about expiring work permit. Now almost 11 months has passed LMIA has been closed Bc agent did not supply proper information on at least 2 different applications. I have just found out that I have "overstayed". Also no restoration was filed, agent forget to apply, and I wasnt aware of it. What options do I have? I do have a new employer willing to hire me. I am worried about how this overstay will effect me getting another work permit. Also I am told I must return to the home country , and appy from there. Any advice or experience related to this would be greatly appreciated.

 

[scylla]

You definitely have to leave Canada. Since you have been out of status in Canada for so long, it's not possible for you to apply for a new work permit from within Canada.

It is unfortunate that you overstayed for such a long time and there is some chance that might be held against you in your new work permit application. However provided you didn't work illegally (i.e. stopped working as soon as your work permit expired) - I think you definitely have a chance of being approved.

I would leave Canada as soon as you possibly can.

 

[Caregiver321]

A lawyer advised me to apply for get a new LMIA, apply for TRP, and document all errors and attempts the agent made for LMIA. Get some MP support, and apply for TRP. What are your thoughts on that

 

[scylla]

You can try that. Very hard to say if the results will be positive or not.

 

[Caregiver321]

You can try that. Very hard to say if the results will be positive or not.

What if I don't mention overstay and come back on new work permit?

 

[scylla]

What if I don't mention overstay and come back on new work permit?

You mean lie in your work permit application about how long you were in Canada?

If you do that, expect the application to be refused for misrepresentation (lying in your application). You'll also end up with a five year ban from Canada.

 

[Caregiver321]

You mean lie in your work permit application about how long you were in Canada?

If you do that, expect the application to be refused for misrepresentation (lying in your application). You'll also end up with a five year ban from Canada.

How would they know?
It seems like I'm screwed either way Bc of this agent

 

[Wonderland_1010]

How would they know?
It seems like I'm screwed either way Bc of this agent

They will have records of your date you entered Canada and the day you left. So yes CIC will definitely know once you apply.

 

[Caregiver321]

They will have records of your date you entered Canada and the day you left. So yes CIC will definitely know once you apply.

I thought Canada doesn't have exit control ? And they only share exit info with Usa or limited countries.

 

[canuck_in_uk]

How would they know?
It seems like I'm screwed either way Bc of this agent

At the end of the day, it is entirely your own responsibility to make sure you remain in status. IRCC doesn't accept the "my agent screwed up" excuse.

I thought Canada doesn't have exit control ? And they only share exit info with Usa or limited countries.

CBSA can easily find out when you left.

 

[Caregiver321]

At the end of the day, it is entirely your own responsibility to make sure you remain in status. IRCC doesn't accept the "my agent screwed up" excuse.




CBSA can easily find out when you left.

How? Can anyone speak from experience? And traveling back

 

[mgnlky]

It would be extremely naive to believe that CBSA doesn't know when you enter or leave Canada.

 

[Caregiver321]

It would be extremely naive to believe that CBSA doesn't know when you enter or leave Canada.

Can anyone speak from experience ?

 

[scylla]

Can anyone speak from experience ?

Sure - lots of people here who lied in their applications and were then banned for five years. You're asking about committing immigration fraud. This is a crime. No one here is going to help you if you want to go down that path. You're on your own.

 

[mgnlky]

Can anyone speak from experience ?

Likely no. Because most everyone on this board followed the rules and didn't lie on their applications.