Overstayed in Canada

[afsar9930]

Hello I want to know how would I explain an overstay in Canada in my personal history of post ita application.
Back in 2015, i applied for extension of my PGWP which was refused because the consultant i hired paid the less fees on my behalf, as a result cic treated my application as it was never made. I was told about this after 25 days by my consultant and while I was under the impression that I m still under implied status I kept on working. As soon as I knew about this disaster, I resigned from my job and 40 days later I departed after lot of pondering that should I apply for visitor or study permit or not.

I want to know how badly would it impact my PR application and what should be my course of action. Over here i want to clarify that the refusal letter I got from CIC stated that I have 90 days to restore my status or if I m not restoring I should leave immediately. I took 40 days to depart from the date when I knew and almost 60 days since the issuing of that letter (my consultant recieved the letter 10 days after cic issued it and took 10 more days to inform me). I talked to CIC call center and explained her and asked in how many days I have to leave, for which she replied that it's ok if I leave in 90 days since expiry of my work permit which I did.

Please advise

 

[kryt0n]

It's ok. Just explain as you have here.

You stopped working when you were aware and you left in the 90 day period. By honest about it. Once you leave Canada they can't hold it against you. They only can if you are caught while in Canada. That's when they issue you a exclusion order (usually a year). If you have no order against you it's not a mark against you. Be completely honest.

Similar situation to us.

Applied for lmia and work permit before previous work permit expired. As still pending decision on lmia my work permit was refused (90 days to resubmit) I stopped working. After another 25 days lmia was refused and I left Canada 14 days later - all with 90 day period. Just be honest

 

[kryt0n]

Sorry, so to say it in personal history go

Employed xx to xx (when you found out you had been refused)
Employed - unemployed xx to xx (restoration period)

Explain this clearly in your LOE

 

[afsar9930]

Great!!

Kryt0n, man you along with Asivad and other VIPs is of great help. Please keep me updated regarding your application. As I believe we r in the same boat

 

[kryt0n]

You're welcome. I had a breakdown about this last year when it looked like we would get an ita and I was so worried (when the points dropped to 450). Talked to a lawyer then. She was very confident with the whole "once you leave Canada it's fine thing - as long as you aren't claiming work experience after overstaying for years"

She said be honest and clear as they can see your application dates. If anything cic might exclude the days after your app was refused (it usually says please be aware your status expired on xxx) but if you stopped work as soon as possible/after you found out then no issue.

Been through this too dude. Luckily for me the 2 months on implied don't give me any ee points and can be completely excluded from my app without any issue so i hoping that ever worse, worse worse case scenario, it won't make any difference

 

[afsar9930]

Yes my situation was somewhat similar. When I stopped working I had 50 weeks Canadian experience. Many consultants tried to convince me that i am eligible for cec even though I worked without authorization (unintentionally) and they r prepared to muster their best possible arguments, but luckily we have people like Asivad (and now u as well) who advised me otherwise.

Once again thanks for your response

 

[kryt0n]

Implied status is completely valid experience and accepted under cic guidelines (I found the vo published checklist somewhere). It's only the few days after your Refusal was issued that might be tricky, but even then now you have left it's not a bad thing, just whether the experience counts.

They can't refuse you for overstaying as now you have left and you will explain the situation honestly (even so you were in the 90 day period the whole time). Relax dude. X

 

[afsar9930]

Right on!!