jayajee

I would appreciate advice from the experts on this forum, Mr. Miller et al., on an issue that has been on my mind concerning immigration to Canada. The point in question is about “Persons who are inadmissible to Canada�.

I studied and subsequently worked legally in a third country (not Canada) but later became out of status when I “technically� overstayed my visa and was subject to a deportation order (not in Canada). However, I left the country of my own freewill.

I intend to apply for Canadian PR status and in preparing my application, I have obtained a “Certificate of No Criminal Convictions� from the said country. I want to include the aforementioned incident in my application for Canadian permanent residency in a “Statement of Circumstances� but I have been told that not only is it not necessary since an immigration incident is not a criminal offence but that such an action is ill advised and that I would only be hurting my chances of getting approved.

These are my questions.

1) Should I go ahead and include this information? What impact (positive or negative) will it have on my application?

2) Is it actually true that I could be deemed inadmissible to Canada based on the fact that I had overstayed my visa and had been subject to a deportation order in that country?

3) Are checks conducted with immigration authorities in countries where applicants have lived but are not citizens?

4) Would the fact that I have no criminal records and good references from both my educational institutions and previous employer from the said country put me in good stead?

I would appreciate any helpful information or advice anyone might have. Thank you.

Andrew Miller

1) Immigration application on the first page, section 15 D asks clearly:

Have you or any of your dependents ever: <...>
D. Been refused admission to, or ordered to leave, Canada or any other country? <...>

So, it is clear that you must answer "Yes" and provide detailed
information/explanation.

The fact that you broke immigration law in another country will have negative impact
on your application, although it may not necessary make you inadmissible depending
from circumstances.

2) Yes, it may happen - see above

3) Yes

4) It might help

--

../..

Andrew Miller Immigration Consultant Vancouver, British Columbia email:
millercicanada.com (delete REMOVE and INVALID from the above address before
sending email)
________________________________

"jayajee" <[email protected]> wrote in message
news:[email protected]...
    > I would appreciate advice from the experts on this forum, Mr. Miller et al., on an
    > issue that has been on my mind concerning immigration to Canada. The point in
    > question is about “Persons who are inadmissible to Canadaâ€?.
    >
    > I studied and subsequently worked legally in a third country (not Canada) but later
    > became out of status when I “technicallyâ€? overstayed my visa and was subject to a
    > deportation order (not in Canada). However, I left the country of my own freewill.
    >
    > I intend to apply for Canadian PR status and in preparing my application, I have
    > obtained a “Certificate of No Criminal Convictionsâ€? from the said country. I want
    > to include the aforementioned incident in my application for Canadian permanent
    > residency in a “Statement of Circumstancesâ€? but I have been told that not only is
    > it not necessary since an immigration incident is not a criminal offence but that
    > such an action is ill advised and that I would only be hurting my chances of
    > getting approved.
    >
    > These are my questions.
    >
    > 1) Should I go ahead and include this information? What impact (positive or
    > negative) will it have on my application?
    >
    > 2) Is it actually true that I could be deemed inadmissible to Canada based on the
    > fact that I had overstayed my visa and had been subject to a deportation order
    > in that country?
    >
    > 3) Are checks conducted with immigration authorities in countries where applicants
    > have lived but are not citizens?
    >
    > 4) Would the fact that I have no criminal records and good references from both my
    > educational institutions and previous employer from the said country put me in
    > good stead?
    >
    > I would appreciate any helpful information or advice anyone might have. Thank you.
    >
    >
    >
    > --
    > Posted via http://britishexpats.com