How can an overstay in US effect my PGWP ?

[KseniaSama]

Please, HELP...
I'm an international student from Ukraine, and this is my second 1-year program in Canada, afterwards I'm going to apply for work visa and after some time I'm planning to apply for PR. I'd lived in USA for 3 years from 2012 till 2015...I had a student exchange visa there first and afterwards, I applied for tourist visa for 1 year. I overstayed in the states for more than a year, but in the summer 2015 I came back to my country. I finished my studies there and came to Canada in Sep 2017.
I know that for the Express Entry we have to fill the info about our activities for the last 10 years, but I'm worrying what should I mention about the period when I overstayed in the US. When I was applying for two student visas I didn't mention this overstay because I was worrying they will deny my application, but now I'm worrying what should I do when I'm gonna apply for the work visa and PR . Can someone help me and give me an advise? I will really appreciate any help.

 

[scylla]

Please, HELP...
I'm an international student from Ukraine, and this is my second 1-year program in Canada, afterwards I'm going to apply for work visa and after some time I'm planning to apply for PR. I'd lived in USA for 3 years from 2012 till 2015...I had a student exchange visa there first and afterwards, I applied for tourist visa for 1 year. I overstayed in the states for more than a year, but in the summer 2015 I came back to my country. I finished my studies there and came to Canada in Sep 2017.
I know that for the Express Entry we have to fill the info about our activities for the last 10 years, but I'm worrying what should I mention about the period when I overstayed in the US. When I was applying for two student visas I didn't mention this overstay because I was worrying they will deny my application, but now I'm worrying what should I do when I'm gonna apply for the work visa and PR . Can someone help me and give me an advise? I will really appreciate any help.

Did you misrepresent how long you lived in the U.S. in your study permit application?

 

[zardoz]

Please, HELP...
I'm an international student from Ukraine, and this is my second 1-year program in Canada, afterwards I'm going to apply for work visa and after some time I'm planning to apply for PR. I'd lived in USA for 3 years from 2012 till 2015...I had a student exchange visa there first and afterwards, I applied for tourist visa for 1 year. I overstayed in the states for more than a year, but in the summer 2015 I came back to my country. I finished my studies there and came to Canada in Sep 2017.
I know that for the Express Entry we have to fill the info about our activities for the last 10 years, but I'm worrying what should I mention about the period when I overstayed in the US. When I was applying for two student visas I didn't mention this overstay because I was worrying they will deny my application, but now I'm worrying what should I do when I'm gonna apply for the work visa and PR . Can someone help me and give me an advise? I will really appreciate any help.

That was a very bad idea. You have committed misrepresentation because your omission may have caused IRCC to make the wrong decision to issue your study permit. You must tell the truth in any future applications or you could easily find yourself banned from Canada for five years.

 

[jddd]

A background search for a PR application is a lot more thorough than for a student permit. You need to tell IRCC NOW of the overstay else, once you apply for PR, they will check your records with the US and find out about your overstay and you may be banned from Canada for 5 years. Lying is never a good idea.

 

[KseniaSama]

Did you misrepresent how long you lived in the U.S. in your study permit application?

Yes, I mentioned just period when I was legal, and afterwards I said that I was in my country Now I don't know what I should do.
I contacted some immigration consultant and he told me that my situation is bad and I should hire them for proccessing my work permit, so they can help me to explain my misrepresentation

 

[KseniaSama]

A background search for a PR application is a lot more thorough than for a student permit. You need to tell IRCC NOW of the overstay else, once you apply for PR, they will check your records with the US and find out about your overstay and you may be banned from Canada for 5 years. Lying is never a good idea.

How am I supposed to tell them that? During applying for the postgrad work permit?
I know that lying was a bad idea, but unfortunately I cannot change it ohh I hope I can avoid bad consequences somehow

 

[KseniaSama]

That was a very bad idea. You have committed misrepresentation because your omission may have caused IRCC to make the wrong decision to issue your study permit. You must tell the truth in any future applications or you could easily find yourself banned from Canada for five years.

I definitely want to tell the truth in my application for PGWP, but I am affraid what will happen afterwards. Do you think I should include the explanation letter with it as well, or just add the time when I ovestay saying "NO STATUS" for that period? I feel so bad now knowing that I can be banned from Canada
I overstayed in US cuz during that time there was very bad political situation in my coutry with Russia, and we still have a war happening on the east of Ukraine. That's why I decided to stay in US because I was thinking that the war can happen in whole country, but when I realised that West of Ukraine is safe (that's where my home is) I came back to my country.

 

[21Goose]

I'll answer your question about Express Entry - yes, you must tell the truth in this application. As jddd said, a PR application is scrutinized far more carefully, and the US and Canada share immigration information so your overstay will be detected.

Unfortunately, you may already have jeopardized your chances significantly. I do think you should talk to an immigration professional, but make sure you get a good one. Don't just go with the first one you spoke with, talk to a few and get a good sense of someone you can trust.

Make sure you don't end up throwing a ton of money away. Whoever you choose should give you a realistic appraisal of your situation. If a consultant says that he or she can guarantee your PR, that's someone you need to avoid.

 

[KseniaSama]

I'll answer your question about Express Entry - yes, you must tell the truth in this application. As jddd said, a PR application is scrutinized far more carefully, and the US and Canada share immigration information so your overstay will be detected.

Unfortunately, you may already have jeopardized your chances significantly. I do think you should talk to an immigration professional, but make sure you get a good one. Don't just go with the first one you spoke with, talk to a few and get a good sense of someone you can trust.

Make sure you don't end up throwing a ton of money away. Whoever you choose should give you a realistic appraisal of your situation. If a consultant says that he or she can guarantee your PR, that's someone you need to avoid.

Thank you all for your replies!
I am looking for some good lawyer who could give me an advise about my application for work permit (which I need first, before applying for PR), but so far I got an opinion of just one, who told me that they can help me if they take a case, and it is 3000 dollars, which is way too much I certainly will pay for legal advise, but before that I'm trying to collect as much info as I can.
I wish I mentioned the correct info in the first place ohh!
So, You think that after I mention that overstay in US (but without explanation letter) they will open my previous applications for Student Permit ? Or they will just base their decison on the info in the application for PGWP?
Thank you!