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Applying for Working Holiday after Overstaying and Working Illegally

kunzite

Newbie
Sep 24, 2017
2
0
Portugal
Hello!
As the title said, I’m applying for the holiday working visa program but I have previously overstayed my visitor status and also worked illegally.

Here’s the details about the illegal work and overstay

a) Working Holiday wasn’t available for my country at the time. I entered Canada to take a 1 month course and then decided to get a part-time job just so I could stay for a little longer and get to know Toronto. I only worked part-time jobs and for about 5 months total.

b) My passport expired a few months after entering the country and so did my eTA and it happen on the same month I met my boyfriend and I didn’t rush to get my documents done until the following month, and in my head I was still thinking of leaving soon so none of these issues sounded like problems to me at the time (working/overstaying).

It wasn’t until things got more serious between us that I realized the mess I was putting myself in. That was also when we started reading about our options (he always said he wouldn’t move permanently to my country) to have me legally immigrating to Canada.

I quit working around then (after 5 months of working illegally) and had been out of status for about 3 months. I didn’t leave until 4 months after that, but returned to Canada 2 weeks later, with a new eTA.

I wasn’t caught working illegally or overstaying and after those two weeks I was allowed back in. Me and my boyfriend were already living together then and hoping that we’d be able to work things out in order to qualify for common law a few months later, which we barely did because since I wasn’t working and I moved in with him, there was no lease or bills under our names let alone joint bank accounts to prove cohabitation.

Anyway fast forward to today, I am back to my country because I didn’t want to overstay another visa and since I didn’t want to lie in my visa extension application, I figured it would get rejected so might as well just go back *home* and figure out what the next steps are.

This was when I came across the working holiday program, that started being available for citizens of my country late in 2018. It was a random search and the pools were opened so I decided to create a profile. I was eligible and was invited to apply for the work permit the next day.

So here’s my deal:
I wrote down all my work history truthfully and I don’t intend to lie to immigration and I am definitely attaching a cover letter explaining and apologizing for the situations I mentioned above.

I need some kind of enlightenment on what might happen to my application and the chances of it getting approved or rejected, or certain things that I should have in consideration and prepare myself for.

My boyfriend and I are still together and ideally, I would be able to join him in Canada in about 5 months to work legally for at least a full year until we gather enough proof that we cohabited for that year continuously and then apply for a spousal sponsorship. Is this the kind of information that I should also provide at the border? They know I have a partner in Canada and therefore that I have a strong tie to the country.
 

kunzite

Newbie
Sep 24, 2017
2
0
Portugal
What if they just deny the application without letting me explain? I’ve heard of people in similar or worse situations than these who were forgiven when given a chance to explain
 

EstherBarros

Hero Member
Aug 18, 2014
616
143
BC- Canada
Visa Office......
Ottawa
App. Filed.......
17-11-2014
Doc's Request.
02-07-2015
AOR Received.
03-02-2015
File Transfer...
14-02-2015
Med's Done....
23-09-2014
Interview........
waived
Passport Req..
07-08-2015
VISA ISSUED...
19-08-2015
LANDED..........
22-08-2015
This is up to you of course, and I am really not sure how they would see the fact that you are confessing to having worked illegally. They might very well ban you from entering (see https://www.canadaupdates.com/2017/05/21/what-is-the-aftermath-of-getting-caught-working-illegally/ ).
If you were not caught and there's no proof that you worked illegally (which is your real problem, over-staying it not that big of a problem, especially considering you were allowed back in again after that), then best way to ensure you will be approved would be to NOT disclose that you worked illegally. They won't accept a simple "hey I am sorry, I totally regret it". I think best case scenario, the application is just denied, and worst, you get a ban from entering Canada, if you disclose. Obviously, this is up to you and your conscience, whether you want to hide that or not.

Regarding your plans to qualify for sponsorship as common-law: NO, do not disclose anything like that to a border officer. This can be construed as reason to assume you might stay illegally after your visa expires, and the fact that you have a boyfriend as well implies the same. Abide by the terms of your current visa: I am coming in to work, then I will be leaving in the timeframe given to me. Only answer what you are directly asked, don't volunteer any other information that is not currently backed up by a visa you have currently.

Good luck!
 

Buletruck

VIP Member
May 18, 2015
6,682
2,531
Just a cautionary note that by not disclosing information, particularly if it’s asked on an application “have you ever overstayed”, is misrepresentation and can follow you, essentially forever. The other issue is whether your illegal work was under the table or not. If it wasn’t, there will be tax records of your illegal work. There are also th records of entry and exit on your passport and available to CBSA if they do a little (very little) digging. Don’t risk a 5 year ban or worse yet, revocation of a PR or citizenship down the road for some immediate gratification. Misrepresentation (by either lying or withholding information relevent to your application) is a crime. And the repercussions can be harsh.
 
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