I overstayed in the UK for 1 month can i apply for PR in canada, or student visa

[arsud01]

Hi,

In the year 2020, my marriage was broken down and I over stayed in the UK for a month after the curtailment, the reason behind, I went to Qurentine during the time due to covid also I couldn't travel in the November 2020 due to the lockdown in the UK, and I travelled to India in December 9th with my own expenses, will it affect my canada visa or PR application?

Please guide me further

 

[moscatojuices]

Hi,

In the year 2020, my marriage was broken down and I over stayed in the UK for a month after the curtailment, the reason behind, I went to Qurentine during the time due to covid also I couldn't travel in the November 2020 due to the lockdown in the UK, and I travelled to India in December 9th with my own expenses, will it affect my canada visa or PR application?

Please guide me further

Not as long as you disclose it and provide a letter of explanation of the circumstances.

 

[arsud01]

Not as long as you disclose it and provide a letter of explanation of the circumstances.

Congratulations on getting divorced. As a man, I can tell you it's the best decision you'll ever make. Better than staying in a life of misery.

Thanks for the information, I was concerned about the situation

 

[moscatojuices]

Thanks for the information, I was concerned about the situation

Be more concerned about lying, withholding information or misrepresenting facts, or a criminal history. That's what IRCC cares about. A visa rejection is literally not a big deal, you just must disclose it.

 

[canuck78]

Not as long as you disclose it and provide a letter of explanation of the circumstances.

Congratulations on getting divorced. As a man, I can tell you it's the best decision you'll ever make. Better than staying in a life of misery.

What a sexist thing to say. How do you know the wife didn’t ask for the divorce? Divorce can be what is best from both parties in many circumstances.

 

[canuck78]

Hi,

In the year 2020, my marriage was broken down and I over stayed in the UK for a month after the curtailment, the reason behind, I went to Qurentine during the time due to covid also I couldn't travel in the November 2020 due to the lockdown in the UK, and I travelled to India in December 9th with my own expenses, will it affect my canada visa or PR application?

Please guide me further

Yes your overstay can be an issue. I would suggest including proof that you could not travel during that 1 months period with government documents if no flights were allowed to depart during that 1 month period. In general if you have an overstay it becomes difficult to get a temporary visa but it shouldn’t impact a PR application.

 

[Simba112]

Not as long as you disclose it and provide a letter of explanation of the circumstances.

Congratulations on getting divorced. As a man, I can tell you it's the best decision you'll ever make. Better than staying in a life of misery.

What a Sexist thing to say...you dont even know who misery was.. but yet you took side.

 

[moscatojuices]

Your feedback is noted and my comment amended, thank you friends.

If one person in the marriage is miserable, then the entire marriage is miserable. I applaud couples/people who can make mutual or unilateral decisions to end what is a vicious cycle of daily misery. There are too many married people who can't say the same.

I agree with @canuck78 that you should provide proof, but I personally would simply disclose the overstay with a short unverified explanation and then provide the evidence and longer explanation if IRCC asks for it. There is no need to say more unless asked.

 

[arsud01]

Be more concerned about lying, withholding information or misrepresenting facts, or a criminal history. That's what IRCC cares about. A visa rejection is literally not a big deal, you just must disclose it.

I didn't understand by misrepresentation of facts.

 

[canuck78]

Calm down friends. Don't forget you're talking to someone who is divorced here, so let's not lecture someone who has been through the pain. So don't lecture me on sexism, thanks.

If one person in the marriage is miserable, then the entire marriage is miserable. I applaud couples/people who can make mutual or unilateral decisions to end what is a vicious cycle of daily misery. There are too many married people who can't say the same.

I agree with @canuck78 that you should provide proof, but I personally would simply disclose the overstay with a short unverified explanation and then provide the evidence and longer explanation if IRCC asks for it. There is no need to say more unless asked.

Stating things like “as a man, divorce is the best decision I ever made” is sexist. Could have just said “as someone who has been divorced, divorce was the best decision fir our family”. Plenty of women have initiated divorces when the man was happy in the relationship. Divorce can be do to either party or both parties. If divorce was a mutual decision where both parties recognized that this wasn’t a good marriage there would be a lot less court battles and mostly women getting killed I would add.

Not providing concrete data of why you had no choice but to overstay because of Covid lockdowns and no flights possible is the wrong thing to do if you want the best chance at approval. It isn’t hard to provide proof if there were no flights due to Covid.

 

[arsud01]

Yes your overstay can be an issue. I would suggest including proof that you could not travel during that 1 months period with government documents if no flights were allowed to depart during that 1 month period. In general if you have an overstay it becomes difficult to get a temporary visa but it shouldn’t impact a PR application.

Thanks for the information, in the UK website it's mentioned that "There is no exemption for staying away from home on holiday. This means people cannot travel internationally or within the UK, unless for work, education or other legally permitted exemptions. Overnight stays away from primary residences will not be allowed, except for specific exceptions including for work."

 

[canuck78]

I didn't understand by misrepresentation of facts.

Please just include proof of why you had no option but to overstay due to Covid disruption flights. Not following immigration rules in other countries is a concern because there will be concerns that you may not follow immigration rules in Canada.

 

[arsud01]

Stating things like “as a man, divorce is the best decision I ever made” is sexist. Could have just said “as someone who has been divorced, divorce was the best decision fir our family”. Plenty of women have initiated divorces when the man was happy in the relationship. Divorce can be do to either party or both parties. If divorce was a mutual decision where both parties recognized that this wasn’t a good marriage there would be a lot less court battles and mostly women getting killed I would add.

Not providing concrete data of why you had no choice but to overstay because of Covid lockdowns and no flights possible is the wrong thing to do if you want the best chance at approval. It isn’t hard to provide proof if there were no flights due to Covid.

Hi thanks " There is no exemption for staying away from home on holiday. This means people cannot travel internationally or within the UK, unless for work, education or other legally permitted exemptions. Overnight stays away from primary residences will not be allowed, except for specific exceptions including for work". This was the condition mentioned in the UK website.

 

[moscatojuices]

Stating things like “as a man, divorce is the best decision I ever made” is sexist. Could have just said “as someone who has been divorced, divorce was the best decision fir our family”. Plenty of women have initiated divorces when the man was happy in the relationship. Divorce can be do to either party or both parties. If divorce was a mutual decision where both parties recognized that this wasn’t a good marriage there would be a lot less court battles and mostly women getting killed I would add.

I 100% agree with you and have amended my comments (see above).

I didn't understand by misrepresentation of facts.

What you don't want to do is come across and lie about it or make excuses. You need to be 100% honest. If you overstayed, then you must state you overstayed, no more, no less. If you did have flight options, but you're blaming lockdowns because it was convenient for you to do so, then that's an issue and blatant misrepresentation.

However, if you can prove that UK Covid-19 rules prevented you from leaving, you should state that you overstayed due to no transport options because of the pandemic and left as soon as you reasonably could.

 

[canuck78]

Thanks for the information, in the UK website it's mentioned that "There is no exemption for staying away from home on holiday. This means people cannot travel internationally or within the UK, unless for work, education or other legally permitted exemptions. Overnight stays away from primary residences will not be allowed, except for specific exceptions including for work."

You were not going on holiday and don’t fit any of the other categories. If you no longer had status in the UK you were able to fly out of the country. Were flights running? You can certainly try to explain that due to lockdown and Covid you thought you should not fly. Was there a change of rules or covid situation between when your status expired and the next month when you flew home? At the time you left flights were landing in India and departing the UK?