Overstay in Canada in the past reason for Rejection in PR?

[Jessicagirl]

Hi All,

My current score is 486 and I'm in the process of applying and creating my CIC profile. I've explained my situation below and have a few questions. Kindly help:

I worked on Working Holiday Visa in Canada for 2 years from 2013 to 2015. Post this as I was in a relationship with someone I stayed back on a visitor visa which expired in 2016 September. However, I failed to notice the same and overstayed in Canada. I left Canada 2 weeks ago and returned to my home country- Ireland. I now want to apply for immigration and as my score is 486, I'm sure looking at the trend I'll soon receive an invite.

Questions:
1. If all my documents are in place. Can my PR application be rejected when they notice my overstay dates?
2. Do I add a letter of explanation to CIC along with my application and share what went wrong. Will this help? (I can provide my previous company ref letters, pay stubs, Landlord references, friends references, my teaching background in Ireland for 10 years to create a case that my background is clear, and this was an unintended mistake?)
3. I also missed on filing my T4 for the 2 years I worked in Canada. Can this go against me?

Thank You

 

[kryt0n]

1) they technically can't hold it against you once you have left. You weren't issued an exclusion order so once you have gone, there's nothing they can do.
2) I would explain it in an LOE and give a heartfelt apology. Try and prove you weren't working during this time.
3) file your tax returns asap. You may have paid tax, but if you ever move back to Canada they can chase you for $1000's in fines!!

 

[canuck_in_uk]

1. If all my documents are in place. Can my PR application be rejected when they notice my overstay dates?
2. Do I add a letter of explanation to CIC along with my application and share what went wrong. Will this help? (I can provide my previous company ref letters, pay stubs, Landlord references, friends references, my teaching background in Ireland for 10 years to create a case that my background is clear, and this was an unintended mistake?)
3. I also missed on filing my T4 for the 2 years I worked in Canada. Can this go against me?

1. An overstay will not have any effect on a PR app.

2. There is no need to add a letter of explanation. There are questions in the app where you will need to state the overstay.

3. "Missed" filing your taxes? Committing tax fraud is not very smart if you want to live here. File your taxes ASAP.

 

[kryt0n]

1. An overstay will not have any effect on a PR app.

2. There is no need to add a letter of explanation. There are questions in the app where you will need to state the overstay.

3. "Missed" filing your taxes? Committing tax fraud is not very smart if you want to live here. File your taxes ASAP.

I can't believe I have just noticed I didn't pay my tax for 2012! I worked mid Nov till Dec (paid tax so likely OWED it all back!). I filed for the whole 2013 and 2014. Hmmm.... well... gonna be doing that soon! At least according to the CRA website they max fines at 12 months, so if they owe me and fine me, it should cancel out .....actually quite annoyed at myself!

 

[mf4361]

I can't believe I have just noticed I didn't pay my tax for 2012! I worked mid Nov till Dec (paid tax so likely OWED it all back!). I filed for the whole 2013 and 2014. Hmmm.... well... gonna be doing that soon! At least according to the CRA website they max fines at 12 months, so if they owe me and fine me, it should cancel out .....actually quite annoyed at myself!

Unless you have outstanding balance on tax returns. you don't need to file it if you don't owe CRA tax money. But it's always good to file tax even if you don't need to.

If you do need to file and you owe them money, prepare for penalties and interests.

 

[kryt0n]

Unless you have outstanding balance on tax returns. you don't need to file it if you don't owe CRA tax money. But it's always good to file tax even if you don't need to.

If you do need to file and you owe them money, prepare for penalties and interests.

Reassuring, thank you

I'll double check, but as I only want about $2000 for 2012 and paid 'full' tax, in theory they would refund that so I'm guessing all's good

I was so careful with the others!!

 

[samister]

Hi,

What is the update on your PR application?

As I'm in the same boat as you were, curious to know the result.

Thanks!!


QUOTE="Jessicagirl, post: 5649069, member: 644534"]Hi All,

My current score is 486 and I'm in the process of applying and creating my CIC profile. I've explained my situation below and have a few questions. Kindly help:

I worked on Working Holiday Visa in Canada for 2 years from 2013 to 2015. Post this as I was in a relationship with someone I stayed back on a visitor visa which expired in 2016 September. However, I failed to notice the same and overstayed in Canada. I left Canada 2 weeks ago and returned to my home country- Ireland. I now want to apply for immigration and as my score is 486, I'm sure looking at the trend I'll soon receive an invite.

Questions:
1. If all my documents are in place. Can my PR application be rejected when they notice my overstay dates?
2. Do I add a letter of explanation to CIC along with my application and share what went wrong. Will this help? (I can provide my previous company ref letters, pay stubs, Landlord references, friends references, my teaching background in Ireland for 10 years to create a case that my background is clear, and this was an unintended mistake?)
3. I also missed on filing my T4 for the 2 years I worked in Canada. Can this go against me?

Thank You[/QUOTE]

 

[ipaykwai]

Hello same situation here... i overstayed in Canada in the past but got nominated and now my application is in progress. does this overstaying record has an impact on PR application? is there any proof or good explanation that we can adhere just in case CIC gives a negative impact on the application because of overstaying in the past? Overstay but good taxpayer, no criminal/ traffic citations.

Thanks.

 

[scylla]

Hello same situation here... i overstayed in Canada in the past but got nominated and now my application is in progress. does this overstaying record has an impact on PR application? is there any proof or good explanation that we can adhere just in case CIC gives a negative impact on the application because of overstaying in the past? Overstay but good taxpayer, no criminal/ traffic citations.

Thanks.

No issues as long as you were honest in your PR application (i.e. were honest about the overstay) and assuming you aren't still in Canada without status.

 

[ipaykwai]

No issues as long as you were honest in your PR application (i.e. were honest about the overstay) and assuming you aren't still in Canada without status.

Yes I declared everything in my PR application, as a matter of fact I tried to applied for work permit (using PNP support letter lmia exempt), last year and got refused because of the overstay. That is why i've got confused and worried when it comes to my PR application that is now on going. I left in Canada voluntarily.I am here in my home country when I applied for PR.
May I ask what will be the good of explanation why overstaying does not have an impact in PR application, while on my work permit application, I got refused because of that?

Thanks for the response.

 

[Islander216]

Yes I declared everything in my PR application, as a matter of fact I tried to applied for work permit (using support letter lmia exempt), last year and got refused because of that overstay. That is why i've got confused and worried when it comes to my PR application that is now on going. I left in Canada voluntarily.
May I ask what will be the good of explanation why overstaying does not have an impact in PR application, while on my work permt application, I got refused because of that?

Thanks for the response.

A work permit is a temporary status, which means there has to be a reasonable basis to conclude you will leave the country when your permit expires. A previous overstay would affect that determination.

Because the whole point of permanent residency is to grant it to people who want to reside in the country permanently, overstaying does not become an issue as long as you properly disclose it in your application, as they are now conferring permanent status to you.

You can always address it in your LOE and express remorse for it.

 

[ipaykwai]

A work permit is a temporary status, which means there has to be a reasonable basis to conclude you will leave the country when your permit expires. A previous overstay would affect that determination.

Because the whole point of permanent residency is to grant it to people who want to reside in the country permanently, overstaying does not become an issue as long as you properly disclose it in your application, as they are now conferring permanent status to you.

You can always address it in your LOE and express remorse for it.

Thank you very much for the good explanation. I include it in my LOE (both WP and PR app). and express my sincere apology on the mistake.

 

[ipaykwai]

hi @scylla , i have a pm for you. thanks

 

[Adnan_990]

1. An overstay will not have any effect on a PR app.

2. There is no need to add a letter of explanation. There are questions in the app where you will need to state the overstay.

3. "Missed" filing your taxes? Committing tax fraud is not very smart if you want to live here. File your taxes ASAP.

Hello, I am in the same boat, I came as an international student and didn’t start studying upon my arrival, I had to wait for a year because I changed my program, during that time I worked
So technically I stayed and did unauthorized work for one year
Now I got my ITA and I am going to apply for pr, do I have to explain ?

 

[Adnan_990]

Hell

No issues as long as you were honest in your PR application (i.e. were honest about the overstay) and assuming you aren't still in Canada without status.

Hello, I am in the same boat, can you please update me how did your pr application go ? Did they give you hard time for that period ?