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Reapply for PR - Accidentally overstayed & studied illegally

Discussion in 'Permanent Residence in Canada' started by sunflower119, Oct 3, 2019.

  1. Hello everyone, I have tried to find cases similar to mine but was still unable to get all of my questions answered. It would be great if anyone can share similar experiences or knowledge regarding my matter.

    The short version of my story is that I was a PR who officially lost her PR in 2013 but was not aware of the lost of status until 2017 (unaware due to miscommunication, appeals, assumed implied status due to PR renewals, etc. long story). Because I was unaware that I did not have status from 2013-2017, I had 1. overstayed, 2. studied illegally in Canada (I was enrolled in undergrad from 2012 - 2016 and masters from 2016-2017). After I found out I was out of status around Aug 2017, I left the country in Sep 2017 and came back as a visitor. I left almost a month after I found out because I was due for a professional exam at the time. And then I left the country in Jan 2018 until now.

    I now want to re-apply for PR under the express entry skilled worker stream.

    Here are my concerns:

    1. Overstay - Will this affect my PR application at all? I found some stuff on the forum that says that as long as I am truthful, this will not affect my application. I obviously don't plan to lie on my application at all but was just wondering how the immigration officer will look at and consider this fact.

    2. Illegal education - I know one thing that will really boost my CRS score is the education component but the link below clearly says, " Any experience you list in your application under the Canadian Experience Class must be legal to be valid. You cannot have worked or studied without authorization. If you have ever done so, your application will be refused." (Source: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=380&top=29). I AM FREAKING OUT. I honestly had no intentions of studying illegally and if I was aware of my lack of status earlier, I would have applied for a study permit or whatever the adequate follow up actions were. However, I only found out after I have completed all my studies. I am worried that 1. my application will be refused, 2. if it doesn't get refused, that they would not deem it as legitimate education and hence, not score me in that area.

    I would greatly appreciate it if anyone could please share relevant experience or some insight regarding my situation. Thank you!!!!

    P.S. Because I also had a job offer at the time (Jan 2018), I tried applying for a PGWP and TRP. Along with my application, I attached an affidavit and relevant supporting documents explaining my situation, pleading them to make an exception. However, they refused my application in Nov 2018. Would this be an indicator that the IRCC doesn't deem my situation excusable?
     
  2. Your situation is far too unique and complex for an internet forum. You need to hire a very good Canadian immigration lawyer to assist you with your application process.
     

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