I have an overstay, will that affect my Express Entry Application

[rrckrck]

Hi,
I came to canada during fall 2013 and I had a study permit that was approved for two years. I extended my permit before it expired and I had it approved till july 30, 2016. But I failed a course in my college and was not able to apply for another extension as I had the dates wrong in my mind and I didn't double check it. By the time I realised that I had overstayed It was past october so I didnt even have the option to restore my status as it was past 90 days. But at the time I was a little too frightened and didnt want to return back to my country(INDIA) and thus I ended up overstaying for about 7 months and one week. I happened to have gained enough experience to apply for PR through express entry but I was not sure if i should be truthful in the application regarding this matter as there is a question in it that asks me if i ever overstayed my visa or leave the country in time. I am 22 years old I have relatives living in canada. I have Canadian education and work experience as well. Do you think I should apply for PR? Should I lie about my overstay? If the information I provided is found to be false regarding my overstay is there any penalty?

 

[mgnlky]

Whatever you do, do NOT lie about the overstay. That will likely get you charged with misrepresentation and banned from Canada.

 

[rrckrck]

Whatever you do, do NOT lie about the overstay. That will likely get you charged with misrepresentation and banned from Canada.

okay, I have got another question. When you fill out the application you have to list your work history and they ask you these questions at the very end. I was working legally at the time and I didn't require any special work permits at the time. So do you think I answered the questions right? I am just not sure about my answer to the first question as I did stay after the approved time

 

[zardoz]

Was your "qualifying" work experience gained while overstaying? If so, it may not be counted if it was gained illegally.

 

[bij0520]

I know some people had same overstay experience before(ok, maybe not 7 month and 1 week - that's a bit too long) and get approved for PR. Don't lie, especially don't lie about any experience inside Canada because they can easily figure it out. Write a detailed explanation letter and you should be fine. Good luck!

 

[bij0520]

okay, I have got another question. When you fill out the application you have to list your work history and they ask you these questions at the very end. I was working legally at the time and I didn't require any special work permits at the time. So do you think I answered the questions right? I am just not sure about my answer to the first question as I did stay after the approved time

don't put it in "work history" section. do put it in "personal history" section.

 

[slw]

Here is what I suggest
1) Do NOT lie about overstaying, they will find out and it will look like a misrepresentation
2) Where are you now? If you are in Canada I would try to seek help from the international student office at your college and seek advice to resolve the overstaying. I know you graduated a while ago but I know that in my previous college they had a lot of experience dealing with those cases and will probably be more accurate and won't cost you an arm and a leg (unlike hiring a lawyer). I think the best bet is to solve the issue first before applying for PR.
3) If number 2 has been solved then wait until you have enough work experience legally before applying for PR. You can still add it under personal history
4) Once you apply then write a letter of explanation when submitting the documents.

 

[rrckrck]

All my qualifying work experience is from the time period when my permit was still valid. I haven't worked anywhere since my study permit expired.

 

[rrckrck]

I mean i did do some cash jobs but there is no record of it as it was not recorded on my sin and there was no pay slips or anything. it was just me working with a friend who was a contractor.