Urgent! IMM-0008 and illegal stay in "other country"

[Basit124]

Hi there, I'm in a dilemma and need some confidence boost before i submit my application. My spouse stayed in Malaysia (illegally) from Sept 2012 to April 2016. She was under 18 when she went there with her family (she didn't have a choice but to go with her family) thru a travel agent who pretty much scammed her entire family. They had to live there for almost 4 years illegally and work in order to make enough money for the whole family of 7 to come back. I was told by a couple of immigration consultants that I SHOULD NOT mention her stay in Malaysia at all.
What do you guys think?

 

[starnaenae]

If you dont that is considered misrepresentation and will lead to refusal. You must be honest

 

[zardoz]

Hi there, I'm in a dilemma and need some confidence boost before i submit my application. My spouse stayed in Malaysia (illegally) from Sept 2012 to April 2016. She was under 18 when she went there with her family (she didn't have a choice but to go with her family) thru a travel agent who pretty much scammed her entire family. They had to live there for almost 4 years illegally and work in order to make enough money for the whole family of 7 to come back. I was told by a couple of immigration consultants that I SHOULD NOT mention her stay in Malaysia at all.
What do you guys think?

You absolutely MUST report all information correctly and truthfully. An illegal stay in another country is not an impediment to a PR application.
Anything else is misrepresentation and could result in a five-year ban from Canada and a refusal. Never, ever take advice from an "immigration consultant" if they advise you not to be truthful. It's you that will suffer when IRCC find out, not them.

 

[Basit124]

If you dont that is considered misrepresentation and will lead to refusal. You must be honest

Yes, that's what I was thinking too. I don't want her to be inadmissible for 5 years just because of misrepresentation. So my question now is What kind of complications can this cause? because she was there illegally she can't obtain police certificates from Malaysia.

 

[Buletruck]

And banned for 5 years.....

IRCC is pretty lenient with spousal PR applications regarding overstays. They are not lenient regarding misrepresentation or omitting information.

 

[KBH]

The immigration consultants have given you bad advice. The application specifically asks about any overstay in ANY country (not just Canada). If you do not declare this on your application you could face a charge of misrepresentation which would be disastrous for you both.

Her overstay in Malaysia should not have a negative impact on your application at all.

 

[Basit124]

You absolutely MUST report all information correctly and truthfully. An illegal stay in another country is not an impediment to a PR application.
Anything else is misrepresentation and could result in a five-year ban from Canada and a refusal.

Thank you soo much for the sentence "An illegal stay in another country is not an impediment to a PR application" I was reading the same thing elsewhere but wasn't sure and was panicking about not being able to get police certificates from Malaysia. The updated checklist (FEB 2018 version) only requires police certificates from a): current country of stay if more than 6 months and b): country she's lived most of her life since birth. I think I should be good. Should i write an explanation on a separate sheet? or wait till IRCC asks for more info?

 

[Basit124]

The immigration consultants have given you bad advice. The application specifically asks about any overstay in ANY country (not just Canada). If you do not declare this on your application you could face a charge of misrepresentation which would be disastrous for you both.

Her overstay in Malaysia should not have a negative impact on your application at all.

THANKS for the clarification my friend, I was fukkin stressing out like there's no tomorrow.
I LOVE YA ALL/

 

[Buletruck]

You can detail the circumstances on a separate sheet if you feel so inclined. I personally would, to avoid the inevitable question from IRCC.
And explain the difficulty you are having with a police certificate from Malaysia.....just in case they ask, it sets the tone in advance.

 

[zardoz]

Thank you soo much for the sentence "An illegal stay in another country is not an impediment to a PR application" I was reading the same thing elsewhere but wasn't sure and was panicking about not being able to get police certificates from Malaysia. The updated checklist (FEB 2018 version) only requires police certificates from a): current country of stay if more than 6 months and b): country she's lived most of her life since birth. I think I should be good. Should i write an explanation on a separate sheet? or wait till IRCC asks for more info?

Adding letters of explanation is always a good idea if there are likely to be questions or concerns from the visa office. You may still be able to obtain a PCC from a country where illegal stay occurred. If it proves absolutely impossible, IRCC have procedures to deal with that. Make sure you understand and follow the application instructions to the letter. Don't make any assumptions. If you are not sure about anything, ask in this forum.

 

[Basit124]

And banned for 5 years.....

IRCC is pretty lenient with spousal PR applications regarding overstays. They are not lenient regarding misrepresentation or omitting information.

So on IMM-0008 under question 12 "Previous Countries of Stay" would I put the dates and status as "Visitor" because she went there on a visit visa?

 

[Buletruck]

Yes, and then note the overstay. Add the details separately...why, how long, paying off the immigration dude, working, etc.
Don't write a life story, just details in point form. They don't want sob stories, just facts. You need to think like a bureaucrat who reads through these things all day long.

 

[Basit124]

Yes, and then note the overstay. Add the details separately...why, how long, paying off the immigration dude, working, etc.
Don't write a life story, just details in point form. They don't want sob stories, just facts. You need to think like a bureaucrat who reads through these things all day long.

Thank you so much man