Could Previous student visa overstay affect PR application

[Dotmatrix123]

Hello,

I was an international student from August 2014 to July of 2017, due to personal issues I was unable to complete my program. I then overstayed from August 2017 till January 2018 trying to figure out some way to remain in the country. I was also working a cash job for those months. As I realised that there was no option available, I left voluntarily at the end of January. I never received any correspondence from cbsa or ircc.
I returned home, completed my bachelors degree, and obtained skilled work experience. It has been more than 5 years since my overstay ended.
I received my ITA recently and am concerned on how to approach the overstay situation in the personal history section as well as whether I should explain it in my LOE or just leave it be, and clarify only if I’m asked. I do not want to misrepresent or obscure the truth.

Thank you

 

[Taran D]

Hello,

I was an international student from August 2014 to July of 2017, due to personal issues I was unable to complete my program. I then overstayed from August 2017 till January 2018 trying to figure out some way to remain in the country. I was also working a cash job for those months. As I realised that there was no option available, I left voluntarily at the end of January. I never received any correspondence from cbsa or ircc.
I returned home, completed my bachelors degree, and obtained skilled work experience. It has been more than 5 years since my overstay ended.
I received my ITA recently and am concerned on how to approach the overstay situation in the personal history section as well as whether I should explain it in my LOE or just leave it be, and clarify only if I’m asked. I do not want to misrepresent or obscure the truth.

Thank you

Don't misinterpret. 1 year is a long time to explain, even though you been working on cash, you would have been active in various ways like bank, health insurance etc. Just explain in LOE. Remember while processing PR IRCC goes to quite a length to verify about applicant .You can't undo past but can be truthful rather than IRCC finding it out. Rest is your call. All the best.

 

[Resettlementincanada]

Hello,

I was an international student from August 2014 to July of 2017, due to personal issues I was unable to complete my program. I then overstayed from August 2017 till January 2018 trying to figure out some way to remain in the country. I was also working a cash job for those months. As I realised that there was no option available, I left voluntarily at the end of January. I never received any correspondence from cbsa or ircc.
I returned home, completed my bachelors degree, and obtained skilled work experience. It has been more than 5 years since my overstay ended.
I received my ITA recently and am concerned on how to approach the overstay situation in the personal history section as well as whether I should explain it in my LOE or just leave it be, and clarify only if I’m asked. I do not want to misrepresent or obscure the truth.

Thank you

If you decided to go forward with your application at some point you will be found inadmissible under s.41 of the Act (non-compliance). It is a default removal order. You will need to submit ARC at the time of your Pr application.

 

[Dotmatrix123]

Thank you both for your replies, I see that this may get complicated and will consult with an immigration lawyer on my next steps.
Thank you again

 

[Taran D]

Thank you both for your replies, I see that this may get complicated and will consult with an immigration lawyer on my next steps.
Thank you again

No worries. Yes this seems like the best approach rather than going with volunteers like us

 

[Resettlementincanada]

Thank you both for your replies, I see that this may get complicated and will consult with an immigration lawyer on my next steps.
Thank you again

Good luck

 

[Adnan_990]

Thank you both for your replies, I see that this may get complicated and will consult with an immigration lawyer on my next steps.
Thank you again

Hello , I am kinda facing the same problem, what had happened with you, and if your immigration consultant is good , please share his contact details
Thank you

 

[Dotmatrix123]

Hello , I am kinda facing the same problem, what had happened with you, and if your immigration consultant is good , please share his contact details
Thank you

Hi, I went ahead and applied anyway in September of 2023 after receiving ITA in August. Got PR with no questions asked, landed in January of 2024. I didnt use any consultant but nor did i mention the overstay, answer any questions truthfully but my suggestion is to not share any more info than necessary. Good luck!

 

[Adnan_990]

Congratulations bro, I am just wondering what did you write in the personal history ? For that overstay period

 

[Adnan_990]

Congratulations bro, I am just wondering what did you write in the personal history ? For that overstay period

I mean did you mention that you were inside canada ?

 

[Dotmatrix123]

I mean did you mention that you were inside canada ?

Yes, for the entire time I was in Canada I had my study written down, then my work after that, and then my next study back home followed the work experience. I didnt obscure or leave out any information. The application process does not explicitly ask if you have overstayed iirc, just if youve been deported or refused entry. In my case i never received a removal order and left on my own ticket.

 

[Adnan_990]

oh okay I got it, but did you apply for pgwp after you program has finished, or didn’t work in canada

 

[Dotmatrix123]

I never completed my study program, I started working and unfortunately I fell behind in my program, continued working for a few months to save up to leave.

 

[Adnan_990]

Oh okay , and you didn’t mention anything about that work i personal history right ?
I am sorry for keep on asking but it is really stressful after receiving ITA and start thinking that previous mistakes might bite you back

 

[Dotmatrix123]

Oh okay , and you didn’t mention anything about that work i personal history right ?
I am sorry for keep on asking but it is really stressful after receiving ITA and start thinking that previous mistakes might bite you back

Its not a problem at all, what i did was
work (start date sometime in june of 2016 -jan 2018)
study (sept 2014 - jan 2018)
I left in Jan 2018
My study visa expired in august of 2017. I never said anything about overstay, but I mentioned my history accurately.