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

[RiseUp]

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.

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Hi - I need your insight on USA overstay. I had gone ton tourist visa to USA & than applied for change of status to Student visa. I exceeded my stay beyond 6 months & after 11 months I got rejection. It took me 1 month to leave USA.

Now I have got an ITA from canada for PR.

1. Please advice whether this will affect my application?
2. Should I submit an LoE wrt to this scenario?
3. I had applied for change of status through an english language teaching institute so will that be a problem?

Thanking you in advance.

 

[RiseUp]

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

Hi - How is your application going? Did you receive your PR, Do share your experience please.

 

[BillHyatt]

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Hi - I need your insight on USA overstay. I had gone ton tourist visa to USA & than applied for change of status to Student visa. I exceeded my stay beyond 6 months & after 11 months I got rejection. It took me 1 month to leave USA.

Now I have got an ITA from canada for PR.

1. Please advice whether this will affect my application?
2. Should I submit an LoE wrt to this scenario?
3. I had applied for change of status through an english language teaching institute so will that be a problem?

Thanking you in advance.

You will be required to explain this situation to Immigration officer as your criminality check verifications are sent to USA office and they may easily access your overstaying. It can impact your file if you were charged with overstaying or given Deportation letter by the USA and you failed to disclose this information to the Canadian Officer.

For the 3rd point, I can't understand your concern.

 

[RiseUp]

You will be required to explain this situation to Immigration officer as your criminality check verifications are sent to USA office and they may easily access your overstaying. It can impact your file if you were charged with overstaying or given Deportation letter by the USA and you failed to disclose this information to the Canadian Officer.

For the 3rd point, I can't understand your concern.

Yeah I am not planning to hide this overstay, I have written a LoE for same. I have got my clean PCC from FBI as well. I was not deported nor I have done anything illegal. I commited one mistake & that I will be accepting upfront.

You said they will do criminality check with USA, so even if I have PCC from USA they will do it? & if its clean than do I have very good chance of getting through it?

 

[canuck_in_uk]

Yeah I am not planning to hide this overstay, I have written a LoE for same. I have got my clean PCC from FBI as well. I was not deported nor I have done anything illegal. I commited one mistake & that I will be accepting upfront.

You said they will do criminality check with USA, so even if I have PCC from USA they will do it? & if its clean than do I have very good chance of getting through it?

Provided you are honest about the overstay, it will not affect your app.

 

[RiseUp]

Provided you are honest about the overstay, it will not affect your app.

Thank you. I will be uploading LoE & write the entire story with dates. One thing if you can help is:

Although the decision of overstay was mine & in my senses I took it how do I present it to VO? I have apologised for it but I am grown up enough for having taken that conscious decision which now surely looks wrong but back than it meant hope of better life. Kindly help me on how u would have written it. Thank you in advance.

 

[BillHyatt]

Yeah I am not planning to hide this overstay, I have written a LoE for same. I have got my clean PCC from FBI as well. I was not deported nor I have done anything illegal. I commited one mistake & that I will be accepting upfront.

You said they will do criminality check with USA, so even if I have PCC from USA they will do it? & if its clean than do I have very good chance of getting through it?

All criminality Checks are outsourced to office in the USA. Yes, if there no legal charge against you then you will be fine and they will not ask any further documents.

The overstay matters in Temporary Residence as it may indicate your intentions to not leave Canada at the end of your visa but for PR your intentions are clear to settle there. So, overstay doesn't apply to PR application cases but legal charges can.

I hope this will clear your doubts.

 

[canuck_in_uk]

Thank you. I will be uploading LoE & write the entire story with dates. One thing if you can help is:

Although the decision of overstay was mine & in my senses I took it how do I present it to VO? I have apologised for it but I am grown up enough for having taken that conscious decision which now surely looks wrong but back than it meant hope of better life. Kindly help me on how u would have written it. Thank you in advance.

I wouldn't even bother trying to explain it.

 

[alk0494]

my entry to UK was declined while i was on student visa, returning back to UK. UK visa refused twice, Ireland visa refused one. will this impact my pr as i am on background checkup. please guide me as i am very upset. i accepted all later with new imm5669 with LOE

 

[TaliaMal]

Please please! I need advice from you guys.
I am currently in the U.K. on a tier 4 visa which expires early in August and I just phoned IRCC and was told my application is still in the eligibility stage and I presume it would be another 1 or two months. The problem is I am of Indian nationality and my parents will be here in the U.K. from the first week of August up until the first week of September for my only sister’s wedding. The U.K. embassy in India is slow in granting visitors visa so If I go back to India and reapply for a U.K. visitors visa to come for my sisters wedding, the wedding would have been over by the time I’m granted. My friend suggested that I just overstay my visa for 20 days which will be till after my sister’s wedding.. he suggested it as it is a permanent residency application and not a visitor visa and it won’t have adverse effect on the application.


Please can anyone advice? Can i get away with overstaying at this point of my application?

 

[ishangodbole]

Please please! I need advice from you guys.
I am currently in the U.K. on a tier 4 visa which expires early in August and I just phoned IRCC and was told my application is still in the eligibility stage and I presume it would be another 1 or two months. The problem is I am of Indian nationality and my parents will be here in the U.K. from the first week of August up until the first week of September for my only sister’s wedding. The U.K. embassy in India is slow in granting visitors visa so If I go back to India and reapply for a U.K. visitors visa to come for my sisters wedding, the wedding would have been over by the time I’m granted. My friend suggested that I just overstay my visa for 20 days which will be till after my sister’s wedding.. he suggested it as it is a permanent residency application and not a visitor visa and it won’t have adverse effect on the application.


Please can anyone advice? Can i get away with overstaying at this point of my application?

I wouldn't the the chance.

 

[tobs]

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.

Did you get the PR??

 

[tobs]

Please please! I need advice from you guys.
I am currently in the U.K. on a tier 4 visa which expires early in August and I just phoned IRCC and was told my application is still in the eligibility stage and I presume it would be another 1 or two months. The problem is I am of Indian nationality and my parents will be here in the U.K. from the first week of August up until the first week of September for my only sister’s wedding. The U.K. embassy in India is slow in granting visitors visa so If I go back to India and reapply for a U.K. visitors visa to come for my sisters wedding, the wedding would have been over by the time I’m granted. My friend suggested that I just overstay my visa for 20 days which will be till after my sister’s wedding.. he suggested it as it is a permanent residency application and not a visitor visa and it won’t have adverse effect on the application.


Please can anyone advice? Can i get away with overstaying at this point of my application?

Don't risk it

 

[iamyossy1882]

I wish he did come back to tell us what unfolded so that others can be helped.

 

[Hopefuldespitethechaos]

Dear Friends,
Long time but I'm back to update you guys and ladies as I promised.
After receiving good advice from @billyhyatt and @superspecial90 I went ahead and put together my application (took almist 4 months to get evetything ready) and it's with great joy that I type this response from the land of absolute peace of mind - faraway Canada.

I had no request for additional information
I had no request to be interviewed
My application took exactly 5 months and was processed in London Visa Office.
My GOD is definitely alive and kicking it for Me!

This is what I can tell anyone in similar shoes like mine or anyone who is caught up between the courts and Home office and would like to try for canada;
- Make sure you tell the truth but Keep it short and sweet. Very important. I did not write an epistle but I made it clear that I had lived legally in England with proof since 08 and was refused permanent residence - NOT A VISA.
The truth is if you write your life history because the space provided is called 'letter' of explanation, you run the risk of sending unnecessary sniffer dogs after yourself which will lengthen the process. ( in my opinion)
So give your explanation in the most clear terms, keep it concise and straight to the point and make SURE it is the TRUTH - DO NOT SHOOT YOURSELF IN THE FOOT BY giving excess unwanted information.

Myself and my family have been here 3 months now. Our lives are back to normal. I'm back in work at a better level than I was in England. My wife is happy again and my kids future is secure. I will certainly die a happy man.

One thing I must say to anyone going through hell like I did with my family for 2 plus years in limbo after living legally for 10years is - DON'T GIVE UP. Explore as many options as possible - Canada, Australia, etc.
If you have immediate family, let that be your motivation to keep going. If you're from a NON - EU country, it's evident from the political climate that we are at the bottom of the food chain and no one will fight for us so no matter how hard you feel beaten, no matter how many scary letters the Home office writes you, no matter how many times you've had to go and sign at the police station, no matter how many times you've probably been detained, pick yourself back up and keep going. Don't let this experience define you.

Finally and most importantly, hold on to your faith ( whatever it is you believe in) - I spent a lot of time praying endlessly day and night - how I went from being a team manager to almost destitute shocked my entire being and I believe GOD of Abraham Isaac and Jacob - of Shedrach, Meshach and Abednego heard my prayers and lifted me.

I will check in from time to time to answer any questions you may have. Till then be kind to one another. Show love and trust your GOD.

DO I miss England - No - it leaves a bad taste in my mouth each time I remember the hell myself and my family faced.
I'm embracing my new life here and expectant of what the future holds for me and my family.

I pray everyone going through a rubble like I did finds hope and the strength to finish strong. Amen

God bless you.