Overstayed my UK visa and now applying for Express Entry. PLEASE HELP ME. Attn: LEGALFALCON

[Hopefuldespitethechaos]

Dear Friends and @legalfalcon
I am in dire need of honest helpful advice. This is my story.

I have lived legally in the U.K. Since 2008. Unfortunately in June of last year 2016 my application for indefinite leave to remain was rejected just after the birth of my twin daughters. (Talk about devastation) I am currently going through the court processes to challenge the rather unfair decision but While I am waiting ,I am desperate to move on with my life as it has been a living hell for me and my family. (I have lost my home, friends, my dignity as a man and provider in my home).

During my time here, I have trained as a software system analyst and currently a senior test manager - managing a team of 12. My wife is a HR consultant and as she was covered by my residency status, she has also been affected by this rejection.
I received ITA in the last 2 draws with my score at 448.
Now I'm confused about the following;
1. my last valid residence permit expired in June 2016, as I'm currently in the U.K, can I go ahead with my express entry application given that I don't currently have a valid residence permit. Will I be asked for this information?
2. How will my current situation impact my application. I am currently at my lowest because having lived here legally for 9+ years, I never imagined I would have to overstay a visa.
Do I have a chance to succeed or am I going to be rejected?
3, Will you advice me to declare this as there is this notion that once you overstay a visa, it's an instant rejection even though I have no criminal records and no parking tickets and a decent credit history.
4. I have no home to return to as I am an only child with a terminally sick dad and late mum.

Please kindly advice me on the best way to deal with this as I am utterly devastated and confused.
I will appreciate immensely - honest, constructive advice from the experts and any friends willing to help.

Kindly help me tag anyone you know who will be happy to help as well like @legalfalcon

Thanking you in advance
Broken Hopeful despite the Chaos

 

[ContactFront]

You only need to submit your passport for EE. Don't think you are considered overstayed if you're sill in the court process.

"There is this notion that once you overstay a visa, it's an instant rejection"
This is nonsense.
However you will NEED to declare in your application that you were refused a visa in the UK. Otherwise it's considered misrepresentation. You can provide details in a LOE explaining the circumstances around the refusal and include whatever document you feel is necessary to support your application.
Don't be discouraged. Make sure your support documents are well prepared and you'll have a shot at this.

 

[Aali005]

Dear Friends and @legalfalcon
I am in dire need of honest helpful advice. This is my story.

I have lived legally in the U.K. Since 2008. Unfortunately in June of last year 2016 my application for indefinite leave to remain was rejected just after the birth of my twin daughters. (Talk about devastation) I am currently going through the court processes to challenge the rather unfair decision but While I am waiting ,I am desperate to move on with my life as it has been a living hell for me and my family. (I have lost my home, friends, my dignity as a man and provider in my home).

During my time here, I have trained as a software system analyst and currently a senior test manager - managing a team of 12. My wife is a HR consultant and as she was covered by my residency status, she has also been affected by this rejection.
I received ITA in the last 2 draws with my score at 448.
Now I'm confused about the following;
1. my last valid residence permit expired in June 2016, as I'm currently in the U.K, can I go ahead with my express entry application given that I don't currently have a valid residence permit. Will I be asked for this information?
2. How will my current situation impact my application. I am currently at my lowest because having lived here legally for 9+ years, I never imagined I would have to overstay a visa.
Do I have a chance to succeed or am I going to be rejected?
3, Will you advice me to declare this as there is this notion that once you overstay a visa, it's an instant rejection even though I have no criminal records and no parking tickets and a decent credit history.
4. I have no home to return to as I am an only child with a terminally sick dad and late mum.

Please kindly advice me on the best way to deal with this as I am utterly devastated and confused.
I will appreciate immensely - honest, constructive advice from the experts and any friends willing to help.

Kindly help me tag anyone you know who will be happy to help as well like @legalfalcon

Thanking you in advance
Broken Hopeful despite the Chaos

if you're currently in appeal process then you're still considered legal resident because your case is in court.
All you need is to either get a letter from your solicitor to state your current situation along with Letter of explanation.
You have to declare all your visas obviously it will be in your travel history.
If all what I've said is correct then go ahead with ITA and don't worry and panic.
Good luck!!

 

[Hopefuldespitethechaos]

You only need to submit your passport for EE. Don't think you are considered overstayed if you're sill in the court process.

"There is this notion that once you overstay a visa, it's an instant rejection"
This is nonsense.
However you will NEED to declare in your application that you were refused a visa in the UK. Otherwise it's considered misrepresentation. You can provide details in a LOE explaining the circumstances around the refusal and include whatever document you feel is necessary to support your application.
Don't be discouraged. Make sure your support documents are well prepared and you'll have a shot at this.

Thank you so much for your contribution. I'm quite relieved that there's still hope for me. Much appreciated. I'll be looking forward to any other contributions from others.

 

[Hopefuldespitethechaos]

if you're currently in appeal process then you're still considered legal resident because your case is in court.
All you need is to either get a letter from your solicitor to state your current situation along with Letter of explanation.
You have to declare all your visas obviously it will be in your travel history.
If all what I've said is correct then go ahead with ITA and don't worry and panic.
Good luck!!

Thank you so much. I have spent so much sleepless nights thinking of how to deal with this. Thank you again. Much appreciated.

 

[superspecial90]

Recently a friend of mine got his PR who has overstayed in the UK for quite a while. He was ready to provide an explanation (home office correspondences and copies of his resident cards etc.) but nothing was ever asked of him.
The idea is, they ask for your address, your travel history but not copies of all the visa and resident cards.
They ask if you were ever denied a visa which you answer, but they do not want to know why.
My guess is since many other visa applications are refused on the grounds of people's intention of not returning back to their home country, this does not really relate to the whole PR application scheme. Here, someone is applying only because all they want to do is to move to the country they are applying to.
Pardon me if this sounds too complicated.

TL;DR
You can get PR even if you have overstayed in any country.

 

[Hopefuldespitethechaos]

Thank you so much for taking time to respond to me. Please will you be kind to share some more with me.
These are my questions
How recent did your friend get his PR
Also was he in the country where he overstayed his visa when he applied for PR and got it.
Did he have to include any letter from his solicitors etc to support his application.

Kindly advise. Thanks again for your time

 

[Hopefuldespitethechaos]

@BillHyatt @Wandering Mind please kindly share your thoughts and experience with me on this. I'll sincerely appreciate your input. Thank you.

 

[canuck_in_uk]

1. my last valid residence permit expired in June 2016, as I'm currently in the U.K, can I go ahead with my express entry application given that I don't currently have a valid residence permit. Will I be asked for this information?
2. How will my current situation impact my application. I am currently at my lowest because having lived here legally for 9+ years, I never imagined I would have to overstay a visa.
Do I have a chance to succeed or am I going to be rejected?
3, Will you advice me to declare this as there is this notion that once you overstay a visa, it's an instant rejection even though I have no criminal records and no parking tickets and a decent credit history.
4. I have no home to return to as I am an only child with a terminally sick dad and late mum.

1. Yes, you can go ahead with your app and yes, you will have to state that you are out of status in the UK.

2. It won't impact your app as long as you are 100% honest.

3. It is an instant rejection for a temporary residency application, as you are an overstay risk. It is not a reason for rejection for a permanent residency app, as PRs can't overstay.

 

[Wandering Mind]

@BillHyatt @Wandering Mind please kindly share your thoughts and experience with me on this. I'll sincerely appreciate your input. Thank you.

Sorry to hear about your troubles. Unfortunately I've no experience or knowledge about this. Good luck - hope your problems get sorted at the earliest.

 

[BillHyatt]

@BillHyatt @Wandering Mind please kindly share your thoughts and experience with me on this. I'll sincerely appreciate your input. Thank you.

Overstaying in a country will not impact your PR application and is not either asked by them. Although I know many such cases of overstay that resulted in PR without a question being raised, it can still be a problem if you are declared an immigration offender by the UKVI.

Usually, such cases are referred to CBSA and are an integral part of your Security Clearance however many security experts (no written rule found to date) claims that CBSA has set a tolerance level of 90 Days for Overstaying beyond which you can be considered as a risk. This rule does apply within Canda however for PR applications this rule is not confirmed.

Inadmissibility occurs if any PR applicant commits a crime or violation as per Rule 33 by interpreting rules under Section 34 to 43 of the IRPA. Although these sections don't indicate overstaying as an offence leading to inadmissibility, it still allows an immigration officer to declare an applicant inadmissible on the ground of Section 40 Misrepresentation through concealing or misrepresenting any charges within/outside Canada that wasn't indicated during the application and would have restricted enforcement of the Act.

So, in conclusion, if you have overstayed without being declared immigration offender or Deported by UKVI you will be fine and nothing needs to be done. If you were charged by UKVI and you disclosed your status to CIC you will still be fine. However, if you concealed and CBSA found it during the security check, it will be considered as misrepresentation under Section 40.

I know few guys who were deported from the UK and they explained it to CIC and still got PR.

I hope this will clear your doubts. Good Luck.

 

[Hopefuldespitethechaos]

Sorry to hear about your troubles. Unfortunately I've no experience or knowledge about this. Good luck - hope your problems get sorted at the earliest.

Thank you for even stopping by to read this Well appreciated. Cheers

 

[Hopefuldespitethechaos]

1. Yes, you can go ahead with your app and yes, you will have to state that you are out of status in the UK.

2. It won't impact your app as long as you are 100% honest.

3. It is an instant rejection for a temporary residency application, as you are an overstay risk. It is not a reason for rejection for a permanent residency app, as PRs can't overstay.

Thank you so much for your time and also to clarify this. Honestly appreciate it. I intend to be 100% honest and I'll gladly come back here to share how things go. Cheers

 

[Hopefuldespitethechaos]

Overstaying in a country will not impact your PR application and is not either asked by them. Although I know many such cases of overstay that resulted in PR without a question being raised, it can still be a problem if you are declared an immigration offender by the UKVI.

Usually, such cases are referred to CBSA and are an integral part of your Security Clearance however many security experts (no written rule found to date) claims that CBSA has set a tolerance level of 90 Days for Overstaying beyond which you can be considered as a risk. This rule does apply within Canda however for PR applications this rule is not confirmed.

Inadmissibility occurs if any PR applicant commits a crime or violation as per Rule 33 by interpreting rules under Section 34 to 43 of the IRPA. Although these sections don't indicate overstaying as an offence leading to inadmissibility, it still allows an immigration officer to declare an applicant inadmissible on the ground of Section 40 Misrepresentation through concealing or misrepresenting any charges within/outside Canada that wasn't indicated during the application and would have restricted enforcement of the Act.

So, in conclusion, if you have overstayed without being declared immigration offender or Deported by UKVI you will be fine and nothing needs to be done. If you were charged by UKVI and you disclosed your status to CIC you will still be fine. However, if you concealed and CBSA found it during the security check, it will be considered as misrepresentation under Section 40.

I know few guys who were deported from the UK and they explained it to CIC and still got PR.

I hope this will clear your doubts. Good Luck.

This really puts things into perspective. You will not know what you have done for me by taking your time to reply with all of this details. My doubts are indeed clear and I'll happily carry on with my application now. Thank you for being so kind. May you meet kindness as you have shown me on your journey through life. Cheers.
Ps: I'll b back to share how this goes. Thanks again.

 

[Tolzs]

Dear Friends and @legalfalcon
I am in dire need of honest helpful advice. This is my story.

I have lived legally in the U.K. Since 2008. Unfortunately in June of last year 2016 my application for indefinite leave to remain was rejected just after the birth of my twin daughters. (Talk about devastation) I am currently going through the court processes to challenge the rather unfair decision but While I am waiting ,I am desperate to move on with my life as it has been a living hell for me and my family. (I have lost my home, friends, my dignity as a man and provider in my home).

During my time here, I have trained as a software system analyst and currently a senior test manager - managing a team of 12. My wife is a HR consultant and as she was covered by my residency status, she has also been affected by this rejection.
I received ITA in the last 2 draws with my score at 448.
Now I'm confused about the following;
1. my last valid residence permit expired in June 2016, as I'm currently in the U.K, can I go ahead with my express entry application given that I don't currently have a valid residence permit. Will I be asked for this information?
2. How will my current situation impact my application. I am currently at my lowest because having lived here legally for 9+ years, I never imagined I would have to overstay a visa.
Do I have a chance to succeed or am I going to be rejected?
3, Will you advice me to declare this as there is this notion that once you overstay a visa, it's an instant rejection even though I have no criminal records and no parking tickets and a decent credit history.
4. I have no home to return to as I am an only child with a terminally sick dad and late mum.

Please kindly advice me on the best way to deal with this as I am utterly devastated and confused.
I will appreciate immensely - honest, constructive advice from the experts and any friends willing to help.

Kindly help me tag anyone you know who will be happy to help as well like @legalfalcon

Thanking you in advance
Broken Hopeful despite the Chaos

How is your application going?