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Overstay and Work in Canada while applying for Express Entry.

malivad123

Full Member
Apr 16, 2015
26
3
Hello
My case is pretty difficult and complicated. I came to Canada on a student visa on 2015 and did 1 year study. After that, I extended my study permit for 1 year to get enrolled in 1 year program. But unfortunately, i failed to complete the 2nd semester. and without finishing my 2nd program I applied for my PGWP which got rejected on 10th May 2018. As I am writing I am still in Canada. I am planning to leave the country by the end of this month ( September) with overstay of 4 and a half month. I also did work on SIN number even after I got to know that my work permit is rejected. Recently I stopped working on the 4th of September 2018. I am planning to go back home and get 1 year skilled experience and later will apply for express entry ( skilled trade program). As of now if I include my future 1 year work experience, my CRS score would be 467 which is well above the cut off draw right now. In this case how hard it is for me to get approved for PR.

The rejection letter says that they rejected because i didn't complete my 2nd course and i have to leave the country immediately.

My main concerns are
(1) My overstay period of 4-5 months and
(2) My work history with no status for 4 months.

Please help me.
 
Last edited:

jaffaral

Champion Member
Jun 29, 2014
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1) your overstay is like 6 months. When did your study permit expired? If it is expired after 4 th September then your status was student but any work done outside the campus would be considered as unauthorized

2) u should have a justification of why u overstayed and work. What went wrong, when did u know about the rejection of PGWP, what was written in the rejection letter. These are important points before anyone can help u
 
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malivad123

Full Member
Apr 16, 2015
26
3
thanks jaffaral for the reply
1) My study permit was expired on 30th March 2018. I worked on SIN until 4th of September 2018.
2) I got the PGWP rejection letter on 10th May 2018. ( Im sorry in the post i wrote 10th March by mistake. im correcting it right now)
3) The rejection letter says that they rejected because i didn't complete my 2nd course and i have to leave the country immediately.

So this 4 months of unauthorized work will cause any problem if i apply for express entry thru FSW?
 

jaffaral

Champion Member
Jun 29, 2014
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1) first of all there is no such thing as working on SIN. U either work on work permit or study permit (20 hrs off campus).

2) didn’t the letter say that should u wish to extend your stay by changing your status as a visitor or student u have 90 days for that. If u don’t u are a an unauthorized person in Canada and should leave immediately.

Or did it say u have to leave Canada immediately. If it says that then u made a huge mistake or countinue working till September and this can go against u. Better see a counsaltant
 
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malivad123

Full Member
Apr 16, 2015
26
3
Thank you so much.
The refusal letter didnt say anything about when i have to leave or didnt give me any restoration time.
And i made u huge mistake by working till now. Man i guess im so done now.
I have to consult the immigration lawyer now. Thanks again.
 

jaseenaliottawa

Hero Member
Jun 23, 2019
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LANDED..........
April 5 2022
Thank you so much.
The refusal letter didnt say anything about when i have to leave or didnt give me any restoration time.
And i made u huge mistake by working till now. Man i guess im so done now.
I have to consult the immigration lawyer now. Thanks again.
Any update on your profile ?