CEC Application and previous overstay

[CopperBuck]

Hello guys,
I studied, lived and worked in Canada for 8 years, and at the end of my stay in July 2017,
I was trying to apply for an LMIA to extend my work permit and apply for permanent residency under the Canadian Experience class, but because of mistakes from my employer and representative, I was declined LMIA, by which time I was already out of status and 90 days has passed, but I was afraid to leave and wanted to extend my stay somehow, so I applied for a Temporary Resident Visa on Oct 2017, which was also refused and I ended up with a 7 month overstay before I left Canada voluntarily (was never given any removal orders) in April 2018 and returned to my home country, India.
Even though I overstayed, I never worked without a valid work permit and only lived off my savings for the 7 months that I was out of status.

So, my question is this, is it still possible for me to apply for Express Entry under the Canadian Experience Class, and if so, what do I answer to this question,

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

I did work with a valid work permit, but I did overstay, but if I say no, it says I am not eligible for Canadian Experience Class, and my CRS score goes down by almost 50 points. Should I say yes and then attach and LoE to explain my overstay and tell them I wouldn't do it again.

I don't want to lie on my application, I want to be honest about the mistake I made and want to assure them I wouldn't do it again. But if I answer No, I won't even get an invite because my points go down by a lot and it says I don't meet the minimum criteria for CEC.

Please help me solve this dilema. Should I say answer yes for that question and then explain my overstay in a letter. I am attaching my passport entry and everything and also being truthful about when I left Canada. But, I don't know how to bypass this question without it turning into a misrepresentation or being truthful and not being able to get an invite at all.

 

[Jazjosan5]

Hi there
My friend situation was same like you
Don’t worry we will figure out something

First tell me

Did you apply already ? Or not yet ?

How do you calculated your points like ?
What do you have ?
Can you show me that ? Then we will discuss further.

 

[CopperBuck]

I have Canadian Education 3+ years, 7.5 IELTS Overall, 1 Year Canadian Work experience under NOC 2174, and I am 28 years old.
And no, I have not applied yet, I want to know how to answer that question first, should I say yes, or no.

I calculated my CRS score, as well as when creating my express entry profile, which I have not submitted yet, my CRS score is 465.

Did your friend have an overstay? did he apply under Canadian experience class? was it approved?

 

[myra20sharma]

Always stay "true" on your application! There is noting to hide, right? Your passport have all valid stamps for your entry and exit in Canada. So stay really honest and nothing wrong can happen

 

[CopperBuck]

Always stay "true" on your application! There is noting to hide, right? Your passport have all valid stamps for your entry and exit in Canada. So stay really honest and nothing wrong can happen

I know that, but if I answer no to this question, my points go down by 50 and I can't get invite, so what do I do, should I say yes and then explain my overstay?

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

 

[myra20sharma]

There is always a section to explain. You can explain your situation there. And, you have Canadian education and work ex. Then, 7.5 is a good score for IELTS. I think you can make it up to the cut off, aren't you? Also, do you have your WES from Indian education? And any work ex. back home you can claim points?

 

[CopperBuck]

There is always a section to explain. You can explain your situation there. And, you have Canadian education and work ex. Then, 7.5 is a good score for IELTS. I think you can make it up to the cut off, aren't you? Also, do you have your WES from Indian education? And any work ex. back home you can claim points?

Canadian Education and Work Experience is all I have, no education or experience in home country

 

[CopperBuck]

Hi there
My friend situation was same like you
Don’t worry we will figure out something

First tell me

Did you apply already ? Or not yet ?

How do you calculated your points like ?
What do you have ?
Can you show me that ? Then we will discuss further.

hoping for a reply from you

 

[Jazjosan5]

Hi I m sorry I was busy
She applied in September and decision is not made yet

She was also out of status same like you
And she genuinely wrote the answers to CIC about this

Could you please let me know again ? Which 50 points are you talking about that you will loose if you answer no

 

[CopperBuck]

hoping for a reply from you

If i answer no, i am losing points for my Canadian work experience, which basically makes me ineligible to even get an ITA

 

[Jazjosan5]

If i answer no, i am losing points for my Canadian work experience, which basically makes me ineligible to even get an ITA

How can you get loose 50 points
Please explain Your work experience dates
Also when did you get work permit?

 

[mau123]

Hello guys,
I studied, lived and worked in Canada for 8 years, and at the end of my stay in July 2017,
I was trying to apply for an LMIA to extend my work permit and apply for permanent residency under the Canadian Experience class, but because of mistakes from my employer and representative, I was declined LMIA, by which time I was already out of status and 90 days has passed, but I was afraid to leave and wanted to extend my stay somehow, so I applied for a Temporary Resident Visa on Oct 2017, which was also refused and I ended up with a 7 month overstay before I left Canada voluntarily (was never given any removal orders) in April 2018 and returned to my home country, India.
Even though I overstayed, I never worked without a valid work permit and only lived off my savings for the 7 months that I was out of status.

So, my question is this, is it still possible for me to apply for Express Entry under the Canadian Experience Class, and if so, what do I answer to this question,

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

I did work with a valid work permit, but I did overstay, but if I say no, it says I am not eligible for Canadian Experience Class, and my CRS score goes down by almost 50 points. Should I say yes and then attach and LoE to explain my overstay and tell them I wouldn't do it again.

I don't want to lie on my application, I want to be honest about the mistake I made and want to assure them I wouldn't do it again. But if I answer No, I won't even get an invite because my points go down by a lot and it says I don't meet the minimum criteria for CEC.

Please help me solve this dilema. Should I say answer yes for that question and then explain my overstay in a letter. I am attaching my passport entry and everything and also being truthful about when I left Canada. But, I don't know how to bypass this question without it turning into a misrepresentation or being truthful and not being able to get an invite at all.

I

It can go any way. They CAN refuse your application if they find you have lied. So be honest and hope for the best.

 

[CopperBuck]

How can you get loose 50 points
Please explain Your work experience dates
Also when did you get work permit?

I had work permit until July 18, 2017, my Canadian work experience is 1 year from July 2016 to July 18, 2017, I stopped working as soon as my work permit expired, but I overstayed after that for 6 months. This is the only experience that I am claiming points for.

When I am filling out my express entry profile and fill in the work history, this question pops up

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

If I answer yes, my CRS score is 465, if I answer no, my CRS score is 412, below the cutoff. I am losing points for that 1 year Canadian Work Experience, and it says I only meet the minimum criteria for Fedaral Skilled Worker. But even then, I don't have enough points to clear the cutoff score.

Can you please tell me if your friend also applied through Canadian Experience class, did she claim points for her Canadian Experience even after overstaying? and if she did, what did she answer to that question. That is all I want to know.

 

[Kausukhm]

Hello guys,
I studied, lived and worked in Canada for 8 years, and at the end of my stay in July 2017,
I was trying to apply for an LMIA to extend my work permit and apply for permanent residency under the Canadian Experience class, but because of mistakes from my employer and representative, I was declined LMIA, by which time I was already out of status and 90 days has passed, but I was afraid to leave and wanted to extend my stay somehow, so I applied for a Temporary Resident Visa on Oct 2017, which was also refused and I ended up with a 7 month overstay before I left Canada voluntarily (was never given any removal orders) in April 2018 and returned to my home country, India.
Even though I overstayed, I never worked without a valid work permit and only lived off my savings for the 7 months that I was out of status.

So, my question is this, is it still possible for me to apply for Express Entry under the Canadian Experience Class, and if so, what do I answer to this question,

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

I did work with a valid work permit, but I did overstay, but if I say no, it says I am not eligible for Canadian Experience Class, and my CRS score goes down by almost 50 points. Should I say yes and then attach and LoE to explain my overstay and tell them I wouldn't do it again.

I don't want to lie on my application, I want to be honest about the mistake I made and want to assure them I wouldn't do it again. But if I answer No, I won't even get an invite because my points go down by a lot and it says I don't meet the minimum criteria for CEC.

Please help me solve this dilema. Should I say answer yes for that question and then explain my overstay in a letter. I am attaching my passport entry and everything and also being truthful about when I left Canada. But, I don't know how to bypass this question without it turning into a misrepresentation or being truthful and not being able to get an invite at all.

I m in a similar situation. Did u apply for pr yet?? Please advise

 

[babsizkil]

Hello guys,
I studied, lived and worked in Canada for 8 years, and at the end of my stay in July 2017,
I was trying to apply for an LMIA to extend my work permit and apply for permanent residency under the Canadian Experience class, but because of mistakes from my employer and representative, I was declined LMIA, by which time I was already out of status and 90 days has passed, but I was afraid to leave and wanted to extend my stay somehow, so I applied for a Temporary Resident Visa on Oct 2017, which was also refused and I ended up with a 7 month overstay before I left Canada voluntarily (was never given any removal orders) in April 2018 and returned to my home country, India.
Even though I overstayed, I never worked without a valid work permit and only lived off my savings for the 7 months that I was out of status.

So, my question is this, is it still possible for me to apply for Express Entry under the Canadian Experience Class, and if so, what do I answer to this question,

Working legally in Canada during this time?

A person must have:

• been working on a valid work permit or exempt from needing one,
• had legal status the whole time they were in Canada, and
• not stayed longer than the approved time period.

Yes or No

I did work with a valid work permit, but I did overstay, but if I say no, it says I am not eligible for Canadian Experience Class, and my CRS score goes down by almost 50 points. Should I say yes and then attach and LoE to explain my overstay and tell them I wouldn't do it again.

I don't want to lie on my application, I want to be honest about the mistake I made and want to assure them I wouldn't do it again. But if I answer No, I won't even get an invite because my points go down by a lot and it says I don't meet the minimum criteria for CEC.

Please help me solve this dilema. Should I say answer yes for that question and then explain my overstay in a letter. I am attaching my passport entry and everything and also being truthful about when I left Canada. But, I don't know how to bypass this question without it turning into a misrepresentation or being truthful and not being able to get an invite at all.

Do you changed your employers at any time while in Canada, or location of employment, or type of work that you did?
I will support the idea of LOE stating the issues/circumstances and facts. For example, "....because of mistakes from my employer and representative, I was declined LMIA." In your letter, let immigration know that you meet all the remaining conditions listed on your permit.
This information requested in the EE application will be considered relevant, therefore , you have to answer truthfully.