Overstaying in UK

[@London]

Hi guys

I hope you are doing great. I have read your response on the similiar matter and writing to have your guidence for myself.

Actually, i am overstaying in UK from last 1.5 years. I been in UK for 8 years.
Am i eligible to apply and proceed with my Express entry application from within Uk as i m not legal here. I am willing to declare all the scenerio in my application.


Please share your views

Regards

 

[scylla]

Hi guys

I hope you are doing great. I have read your response on the similiar matter and writing to have your guidence for myself.

Actually, i am overstaying in UK from last 1.5 years. I been in UK for 8 years.
Am i eligible to apply and proceed with my Express entry application from within Uk as i m not legal here. I am willing to declare all the scenerio in my application.


Please share your views

Regards

Yes - you can apply for Express Entry. Make sure you are 100% honest about your immigration history.

 

[@London]

Hi Scylla,
Thanks for your response.
One more thing please. Can I also apply for Provincial Nominee programs while staying illegally in UK? Asking because I read yesterday somewhere that some provinces do ask for legal status in the country of current residence? Please clarify this as well.

Appreciate for being supportive

Regards

 

[scylla]

Hi Scylla,
Thanks for your response.
One more thing please. Can I also apply for Provincial Nominee programs while staying illegally in UK? Asking because I read yesterday somewhere that some provinces do ask for legal status in the country of current residence? Please clarify this as well.

Appreciate for being supportive

Regards

I'm not aware of this. But it's possible. You will need to research the program requirements of the provinces you are interested in.

 

[@London]

OK thanks for your very quick response. I will do look deeply into the PNPs requirements now. Cheers. Stay safe thanks

 

[ingoingoingo]

Presumably you’re also looking at options to restore your legal status in the UK? Certainly the Five Eyes group (Aus, Can, NZ, US, UK) will share all information, and probably other countries too. You will need to declare on any provincial and federal applications ... search for “statutory questions” and also see IMM5669 schedule A.

The PNP requirement (certainly for Alberta) is that your status in Canada on a temporary work permit has to be legal. For example, for this to count as “work” or to mean a job offer is valid. If you were in Canada, an absolute requirement would be to restore your legal status. You might get through the provincial stage with one PNP but you’d likely not get through the security checks at federal stage, so wouldn’t get PR.

In terms of your actual underlying question of whether you won’t be permitted to immigrate to Canada, I really can’t say. But there’s a good chance you won’t be permitted, especially if you’re applying with a current illegal status in a country with similar rules as Canada. You might be okay if you restored your legal status in the UK or applied from outside of the UK, with a clear letter of explanation as to why you broke the law. And I don’t know if Canada would share your application data with the UK, but wouldn’t be surprised if you then got a visit from the Home Office. They’re much less likely to not deport you if you’d tried to hide rather than being honest.

The whole process of border control is to identify people who actually intend to stay illegally rather than follow their temporary visitor/worker/study requirements. Their default position is to assume this and the onus is on applicant to prove it’s not the case (ie all the questions you get about what you’re doing and who visiting, where you’re staying, do you have funds to leave, do you have a return flight ticket booked etc). If you applied as temporary resident to Canada now, I think the officer would decline your application ... they’d note that you didn’t have valid ties to current country of residence and that there was a good chance you would stay illegally (after all, you’ve done it before).

 

[@London]

Presumably you’re also looking at options to restore your legal status in the UK? Certainly the Five Eyes group (Aus, Can, NZ, US, UK) will share all information, and probably other countries too. You will need to declare on any provincial and federal applications ... search for “statutory questions” and also see IMM5669 schedule A.

The PNP requirement (certainly for Alberta) is that your status in Canada on a temporary work permit has to be legal. For example, for this to count as “work” or to mean a job offer is valid. If you were in Canada, an absolute requirement would be to restore your legal status. You might get through the provincial stage with one PNP but you’d likely not get through the security checks at federal stage, so wouldn’t get PR.

In terms of your actual underlying question of whether you won’t be permitted to immigrate to Canada, I really can’t say. But there’s a good chance you won’t be permitted, especially if you’re applying with a current illegal status in a country with similar rules as Canada. You might be okay if you restored your legal status in the UK or applied from outside of the UK, with a clear letter of explanation as to why you broke the law. And I don’t know if Canada would share your application data with the UK, but wouldn’t be surprised if you then got a visit from the Home Office. They’re much less likely to not deport you if you’d tried to hide rather than being honest.

The whole process of border control is to identify people who actually intend to stay illegally rather than follow their temporary visitor/worker/study requirements. Their default position is to assume this and the onus is on applicant to prove it’s not the case (ie all the questions you get about what you’re doing and who visiting, where you’re staying, do you have funds to leave, do you have a return flight ticket booked etc). If you applied as temporary resident to Canada now, I think the officer would decline your application ... they’d note that you didn’t have valid ties to current country of residence and that there was a good chance you would stay illegally (after all, you’ve done it before).

OK Thanks for taking your time to write a response.

I will be ever so grateful if you can share your views on the following points keeping in mind I'm overstaying in UK (no Status currently)

1. Can I enter Express entry pool
2. If I get an ITA can I lodge application from within UK
3. If I get an ITA do you think applying from my home country will give me better chances

4. Can I apply for any PNP from UK and If get an nomination then going to my home country to submit my file from there would be a better option.

4. If I get a PNP certificate and loading my EE from UK; would it be a negative aspect

I appreciate your response but it completely contradicts the views I got from Scylla earlier today. Its really making me confuse which one to consider OK. I will explain all my stay in UK asit is and won't be be hiding anything as the data is shared among 5 countries.
Please share your views.

 

[cansha]

Presumably you’re also looking at options to restore your legal status in the UK? Certainly the Five Eyes group (Aus, Can, NZ, US, UK) will share all information, and probably other countries too. You will need to declare on any provincial and federal applications ... search for “statutory questions” and also see IMM5669 schedule A.

The PNP requirement (certainly for Alberta) is that your status in Canada on a temporary work permit has to be legal. For example, for this to count as “work” or to mean a job offer is valid. If you were in Canada, an absolute requirement would be to restore your legal status. You might get through the provincial stage with one PNP but you’d likely not get through the security checks at federal stage, so wouldn’t get PR.

In terms of your actual underlying question of whether you won’t be permitted to immigrate to Canada, I really can’t say. But there’s a good chance you won’t be permitted, especially if you’re applying with a current illegal status in a country with similar rules as Canada. You might be okay if you restored your legal status in the UK or applied from outside of the UK, with a clear letter of explanation as to why you broke the law. And I don’t know if Canada would share your application data with the UK, but wouldn’t be surprised if you then got a visit from the Home Office. They’re much less likely to not deport you if you’d tried to hide rather than being honest.

The whole process of border control is to identify people who actually intend to stay illegally rather than follow their temporary visitor/worker/study requirements. Their default position is to assume this and the onus is on applicant to prove it’s not the case (ie all the questions you get about what you’re doing and who visiting, where you’re staying, do you have funds to leave, do you have a return flight ticket booked etc). If you applied as temporary resident to Canada now, I think the officer would decline your application ... they’d note that you didn’t have valid ties to current country of residence and that there was a good chance you would stay illegally (after all, you’ve done it before).

OP does not intend to apply for temporary residence in Canada and hence that's irrelevant. You're correct a temporary residence application will most probably be denied but that doesn't mean PR application would be denied as the intention of PR application is immigrating legally.

 

[cansha]

OK Thanks for taking your time to write a response.

I will be ever so grateful if you can share your views on the following points keeping in mind I'm overstaying in UK (no Status currently)

1. Can I enter Express entry pool
2. If I get an ITA can I lodge application from within UK
3. If I get an ITA do you think applying from my home country will give me better chances

4. Can I apply for any PNP from UK and If get an nomination then going to my home country to submit my file from there would be a better option.

4. If I get a PNP certificate and loading my EE from UK; would it be a negative aspect

I appreciate your response but it completely contradicts the views I got from Scylla earlier today. Its really making me confuse which one to consider OK. I will explain all my stay in UK asit is and won't be be hiding anything as the data is shared among 5 countries.
Please share your views.

1. Yes
2. Yes
3. There is no evidence that you moving to your home country would make any difference.
4. You can apply for PNP. Again check PNP program conditions. Your processing won't change if you move to your home country.


There are plenty of cases on this forum where people have got PR after overstaying in various countries (mostly USA). You have a fair chance to get PR given you are honest about your status in your application.

PS: Don't ask me to give link of such cases. If you really spend time and search you will find them.

 

[@London]

1. Yes
2. Yes
3. There is no evidence that you moving to your home country would make any difference.
4. You can apply for PNP. Again check PNP program conditions. Your processing won't change if you move to your home country.


There are plenty of cases on this forum where people have got PR after overstaying in various countries (mostly USA). You have a fair chance to get PR given you are honest about your status in your application.

PS: Don't ask me to give link of such cases. If you really spend time and search you will find them.

Thanks for your very precise and comprehensive guide. Truly appreciate. I will most probably apply from London. Thanking you for your in anticipation. Regards

 

[ingoingoingo]

Hopefully @cansha is right. My earlier comments were relevant to both temporary and permanent residence applications. Tbh, no-one here knows for sure but have been involved with applications for people in different circumstances. It comes down to PNP/IRCC rules and how those are applied by the case officer. And it’s certainly true that people with illegal status in some jurisdictions (eg USA) can be successful in coming to Canada.

For what it’s worth...
1. Yes
2. Yes
3. Probably doesn’t matter. The substance of your application and whether you are judged to be legally admissible to Canada is what’s important, not where in the world you are when you apply. The application might end up moving between processing centres if you apply from UK as citizen of Pakistan, ie if they judge it a complex case then will sometimes move between different VACs and Nova Scotia, so might affect processing times. But if you hopefully are successful to get provincial nomination, then you’re looking at it taking at least 6 months after that in any case.
4. Yes, you can apply PNP and EE from anywhere (some PNPs are not for outland applicants, which you can research yourself). It does not matter if you move between countries provides you inform the PNP/IRCC of your new address/job and this doesn’t mean you then don’t meet the conditions (eg you apply stating a certain NOC but actually you’re working in something else in Pakistan, though for AINP it’s your intended NOC in Alberta and then whether you have sufficient recent work experience in that NOC). It might affect the validity of your police certificates and the dates you apply for these, as you’d likely need these for UK and for Pakistan.

As people have said, the most important thing is that you tell the truth. If you did not tell them about your situation in the UK, then they would easily find out ... you’d risk a 5 year ban. Having current illegal status outside of Canada definitely doesn’t prevent you from applying. The UK Home Office aren’t exactly kind or fair to people (said as a British citizen who has plenty of friends on tier 2/4 visas). But all I was saying, which I’m sure you’re thinking about anyway, is that it would likely help if you can restore your legal status in the UK first or have a good explanation of your circumstances. Wishing you good luck with you applications.

 

[@London]

Hopefully @cansha is right. My earlier comments were relevant to both temporary and permanent residence applications. Tbh, no-one here knows for sure but have been involved with applications for people in different circumstances. It comes down to PNP/IRCC rules and how those are applied by the case officer. And it’s certainly true that people with illegal status in some jurisdictions (eg USA) can be successful in coming to Canada.

For what it’s worth...
1. Yes
2. Yes
3. Probably doesn’t matter. The substance of your application and whether you are judged to be legally admissible to Canada is what’s important, not where in the world you are when you apply. The application might end up moving between processing centres if you apply from UK as citizen of Pakistan, ie if they judge it a complex case then will sometimes move between different VACs and Nova Scotia, so might affect processing times. But if you hopefully are successful to get provincial nomination, then you’re looking at it taking at least 6 months after that in any case.
4. Yes, you can apply PNP and EE from anywhere (some PNPs are not for outland applicants, which you can research yourself). It does not matter if you move between countries provides you inform the PNP/IRCC of your new address/job and this doesn’t mean you then don’t meet the conditions (eg you apply stating a certain NOC but actually you’re working in something else in Pakistan, though for AINP it’s your intended NOC in Alberta and then whether you have sufficient recent work experience in that NOC). It might affect the validity of your police certificates and the dates you apply for these, as you’d likely need these for UK and for Pakistan.

As people have said, the most important thing is that you tell the truth. If you did not tell them about your situation in the UK, then they would easily find out ... you’d risk a 5 year ban. Having current illegal status outside of Canada definitely doesn’t prevent you from applying. The UK Home Office aren’t exactly kind or fair to people (said as a British citizen who has plenty of friends on tier 2/4 visas). But all I was saying, which I’m sure you’re thinking about anyway, is that it would likely help if you can restore your legal status in the UK first or have a good explanation of your circumstances. Wishing you good luck with you applications.

Dear thanks a lot. I appreciate your effort to make my points crystal clear. This forum is really a big help for those seeking advice. Thanks n once again appreciate your views and confidence in explaining them. Regards

 

[shineone]

Dear thanks a lot. I appreciate your effort to make my points crystal clear. This forum is really a big help for those seeking advice. Thanks n once again appreciate your views and confidence in explaining them. Regards

Hi there! Did you apply for your PR and was it approved? In my case I'm looking to apply for a work permit while having illegal status in the UK, overstaying 3 months now...

 

[canuck78]

Hi there! Did you apply for your PR and was it approved? In my case I'm looking to apply for a work permit while having illegal status in the UK, overstaying 3 months now...

It is much easier to get PR if you have overstayed a visa in the past than any form of temporary permit/visa. It will be extremely unusual if not impossible to get approved for a WP if currently overstaying a visa. For WP approval you typically have to show that you have followed immigration rules for other countries because otherwise IRCC will have concerns that you may overstay your WP in Canada.

 

[scylla]

Hi there! Did you apply for your PR and was it approved? In my case I'm looking to apply for a work permit while having illegal status in the UK, overstaying 3 months now...

PR and work permit are very different scenarios. Either fix your status in the UK or return to your home county before you submit the work permit application.