Illegal residency in canada?

[ifear]

Ok so I have a couple questions concerning my application. I am the primary applicant, and my husband (who is a canadian citizen by birth) is wanting to sponsor me (i'm from the states, we have been married 2 1/2 years now)

Currently I am wondering whether or not I should apply for a background check here in canada? Reason im wondering if I should do it is because I had resided in canada illegally for longer then 6 months. I have since left Canada AND returned and was approved for a 6 month temporary stay as a visitor here. Im also wondering if under the 'Schedule a Backround Form IMM5669E' under Personal history, if I should state that I was in Canada illegally? Or just that I was residing in Canada?

Thanks so much to anyone whose able to help!

 

[svetlana]

Ok so I have a couple questions concerning my application. I am the primary applicant, and my husband (who is a canadian citizen by birth) is wanting to sponsor me (i'm from the states, we have been married 2 1/2 years now)

Currently I am wondering whether or not I should apply for a background check here in canada? Reason im wondering if I should do it is because I had resided in canada illegally for longer then 6 months. I have since left Canada AND returned and was approved for a 6 month temporary stay as a visitor here. Im also wondering if under the 'Schedule a Backround Form IMM5669E' under Personal history, if I should state that I was in Canada illegally? Or just that I was residing in Canada?

Thanks so much to anyone whose able to help!

You have to be 100% honest in your application. If they will find out that you lied in your application you will have big problems. you should mention that u were out of status

 

[Ponga]

CIC will perform their own RCMP background check if they need one for you, or they may ask you to provide one at a later date.

When filling out IMM5669, I suggest that you show the dates (6 months) that you had legal visitor status, followed by a second entry showing the days that you were in Canada without status.

The fact that you `overstayed' and then corrected the problem by leaving and returning will NOT impact you application. Being anything less than completely honest about your overstay could in fact be a real problem.

Good luck!

Oh...and you are submitting an Outland application, even though you are physically present in Canada, right?!

 

[rhcohen2014]

Ok so I have a couple questions concerning my application. I am the primary applicant, and my husband (who is a canadian citizen by birth) is wanting to sponsor me (i'm from the states, we have been married 2 1/2 years now)

Currently I am wondering whether or not I should apply for a background check here in canada? Reason im wondering if I should do it is because I had resided in canada illegally for longer then 6 months. I have since left Canada AND returned and was approved for a 6 month temporary stay as a visitor here. Im also wondering if under the 'Schedule a Backround Form IMM5669E' under Personal history, if I should state that I was in Canada illegally? Or just that I was residing in Canada?

Thanks so much to anyone whose able to help!

are you saying you once overstayed, and have had no problem since entering canada? if so, you are fine and are worrying about nothing.

as the other poster mentioned, you have to be honest in your application. at the same time, you don't have to use the term "over stay" let them see the dates and decide if they find it important. most likely they wont. previous overstays or removal orders ALONE won't negatively affect your application. again, list the dates honestly and it probably not even be a concern for CIC.

and no, you don't need to get your criminal history from canada because you fear your overstay will be noticed. a) criminal checks are not the same as immigration checks, b) cic has the ability to do deeper checks than anything you can provide and c)you've been back since and have not been refused entry.

don't make a mountian out of a mole hill. be honest and let cic decide if they have an issue with it.

 

[Ponga]

are you saying you once overstayed, and have had no problem since entering canada? if so, you are fine and are worrying about nothing.

as the other poster mentioned, you have to be honest in your application. at the same time, you don't have to use the term "over stay" let them see the dates and decide if they find it important. most likely they wont. previous overstays or removal orders ALONE won't negatively affect your application. again, list the dates honestly and it probably not even be a concern for CIC.
True, but the OP does have to show what her status was where she was residing. If, for example, she stayed 1 year beyond her legal visitor status, she would probably not want to show it as:
12/31/2013- 6/30/2012 [status] Visitor.

She would show 12/12/2013-12/31/2012 [status] Visitor, Out of Status (or perhaps just Out of Status), followed by the next entry of
12/30/2012- 6/30/2012 [status] Visitor.

and no, you don't need to get your criminal history from canada because you fear your overstay will be noticed. a) criminal checks are not the same as immigration checks, b) cic has the ability to do deeper checks than anything you can provide and c)you've been back since and have not been refused entry.

don't make a mountian out of a mole hill. Don't forget how scared we all are when we start this process. Personally, I think the OP asked two very valid questions. be honest and let cic decide if they have an issue with it.

 

[rhcohen2014]

i understand it's stressful ponga. my point is we all thing something is such a big deal and will cause a rejection when it's simply not true. the fact the OP has come and gone into canada with no issue since then suggests there is nothing to be concerned about.

technically, if she maintained residence in the us when she was visiting, she was not "residing" in canada, and I believe dates she was in canada would go in the section about when she visited her sponsor - where it is not required to write your status. i'm pretty sure i didn't put any of my trips in my "activity" section of the application because i always maintained residence in the states and i never considered myself "living" or "residing" in canada. perhaps that's not the case when you are gone for more than 6 months - that's just my interpretation of it. from what i remember, the activity they are interested in is related to work and orgaizations you are affiated with, not what trips you went on. i had no issue with how i filled out my forms, and never had requests for more information.

the bottom line is as long as the right dates are SOMEWHERE in the application, that's all that matters.

 

[Ponga]

i understand it's stressful ponga. my point is we all thing something is such a big deal and will cause a rejection when it's simply not true. the fact the OP has come and gone into canada with no issue since then suggests there is nothing to be concerned about.

technically, if she maintained residence in the us when she was visiting, she was not "residing" in canada, and I believe dates she was in canada would go in the section about when she visited her sponsor - where it is not required to write your status. i'm pretty sure i didn't put any of my trips in my "activity" section of the application because i always maintained residence in the states and i never considered myself "living" or "residing" in canada. perhaps that's not the case when you are gone for more than 6 months - that's just my interpretation of it. from what i remember, the activity they are interested in is related to work and orgaizations you are affiated with, not what trips you went on. i had no issue with how i filled out my forms, and never had requests for more information.

the bottom line is as long as the right dates are SOMEWHERE in the application, that's all that matters.

Yes, but if she was in Canada without status, are you saying that she would not need to disclose that information, or even show the dates when she WAS in Canada on IMM5669?

IMHO, that's why a person has the option to show `visitor' for status in the Country where they are visiting/residing in. If that visitor status expires...they should also indicate that on the form. No?

 

[rhcohen2014]

Yes, but if she was in Canada without status, are you saying that she would not need to disclose that information, or even show the dates when she WAS in Canada on IMM5669?

IMHO, that's why a person has the option to show `visitor' for status in the Country where they are visiting/residing in. If that visitor status expires...they should also indicate that on the form. No?

i think it depends on what the questions asking. if i'm not mistaken, the question that asks for "status" doesn't relate to trips, which this technically is, no? perhaps i'm wrong. i just think the information presented needs to be what is being asked. no more, no less. you see what i mean?

 

[Ponga]

i think it depends on what the questions asking. if i'm not mistaken, the question that asks for "status" doesn't relate to trips, which this technically is, no? perhaps i'm wrong. i just think the information presented needs to be what is being asked. no more, no less. you see what i mean?

Here's question 8 on IMM5669:

Personal History

Provide the details of your personal history since age 18, or the past 10 years, whichever is most recent.
Start with the most recent information. Under "Activity", write your job title or occupation if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, traveling, retired, in detention, etc.). If you were outside your country of nationality, indicate your status in that country.

So because of that, I was suggesting that the OP disclose the lack of status for the dates that she was without status.

 

[rhcohen2014]

Here's question 8 on IMM5669:

Personal History

Provide the details of your personal history since age 18, or the past 10 years, whichever is most recent.
Start with the most recent information. Under "Activity", write your job title or occupation if you were working. If you were not working, provide information on what you were doing (for example: unemployed, studying, traveling, retired, in detention, etc.). If you were outside your country of nationality, indicate your status in that country.

So because of that, I was suggesting that the OP disclose the lack of status for the dates that she was without status.

right, but it doesn't say if you were "visiting" another country to include that. my assumption is that means if i was studying or working in another country, to put my status in that country. during a time i visitied canada, i was unemployed, so i put unemployed, where i lived in the us, and my status in my home country. where i referenced the dates of my trip was in the question about dates i visited my sponsor, which does not require an applicant to reveal their status, only dates. again, maybe being gone for 6 months is different.

 

[Ponga]

right, but it doesn't say if you were "visiting" another country to include that. my assumption is that means if i was studying or working in another country, to put my status in that country. during a time i visitied canada, i was unemployed, so i put unemployed, where i lived in the us, and my status in my home country. where i referenced the dates of my trip was in the question about dates i visited my sponsor, which does not require an applicant to reveal their status, only dates. again, maybe being gone for 6 months is different.

Sure it does...it asks if your were traveling.

There is also a column for question 8 that asks for status so that, combined with the last part of my previous post (underlined) leads me to believe that it does include those `visiting', but...it's up to the OP to decipher what that really means I guess.

 

[rhcohen2014]

Sure it does...it asks if your were traveling.

oops, i missed the traveling part. glad i'm already approved. my application was apparently so full of mistakes!

 

[Ponga]

oops, i missed the traveling part. glad i'm already approved. my application was apparently so full of mistakes!

Now that's encouraging!

 

[rhcohen2014]

so then, if they are asking for her traveling, and she writes wherever she was in canada, why would she need to add "out of status"? if it was a continuous span of time, then wouldn't just writing her status as VISITOR with the correct dates listed be enough? they would see by the dates it was over the 6 month allowance which would probably automatically prompt investigation into extension requests through their own checks. there's no need to lead them to the conclusion if it hasn't caused any issue, and it's not misrepresenation because the dates were an accurate account.

 

[Ponga]

so then, if they are asking for her traveling, and she writes wherever she was in canada, why would she need to add "out of status"? if it was a continuous span of time, then wouldn't just writing her status as VISITOR with the correct dates listed be enough? they would see by the dates it was over the 6 month allowance which would probably automatically prompt investigation into extension requests through their own checks. there's no need to lead them to the conclusion if it hasn't caused any issue, and it's not misrepresenation because the dates were an accurate account.

I guess we will just have to agree to disagree on this one.

The issue is not the dates that are entered, in as much as it is the status of the person for the duration of those dates.

To simply fill in the dates...state that the `status' is visitor...and let CIC calculate when the person would have been without status, doesn't seem right to me. The question asks the applicant to provide dates of their time in Canada, followed by the next column that asks what the status of that person was for those dates. Being a visitor may not confer legal visitor status, right?

What if a person is in Canada working illegally? Would they fill in `visitor', or `worker' on this form?

So, I believe that stating what you have outlined would be seen as misrepresentation...if CIC looks that closely to the answer to the question.