NEED URGENT HLP FROM SENIOR MEMBERS!!

[easybusy]

HI
i m married to a canadian citizen, my application is currently at the phase 2, which means decision will be made from a country outside Canada, in my case it is Singapore. my concern is about the background bit. i was in uk as a student for a long time.but i overstayed for around 2 years before i move back to my country, which i did not mention in the application. on top of that i actually lost my previous passport while in Uk. and i have the proof of gd entry from there. but i did not submit them as a document either. now i have recently got my Uk police clearance certificate which i have to send to Singapore, it shows notrace btw, so now that i am sending this document should i also send a copy of my previous passport and proof of the general entry for lost passport along with writing a letter to the immigration officer stating that i overstayed in Uk, would that help my case.

i am actually freaking out thinking that i might be refused the visa for misrepresentation. what should i do..pls help!!

 

[zardoz]

HI
i m married to a canadian citizen, my application is currently at the phase 2, which means decision will be made from a country outside Canada, in my case it is Singapore. my concern is about the background bit. i was in uk as a student for a long time.but i overstayed for around 2 years before i move back to my country, which i did not mention in the application. on top of that i actually lost my previous passport while in Uk. and i have the proof of gd entry from there. but i did not submit them as a document either. now i have recently got my Uk police clearance certificate which i have to send to Singapore, it shows notrace btw, so now that i am sending this document should i also send a copy of my previous passport and proof of the general entry for lost passport along with writing a letter to the immigration officer stating that i overstayed in Uk, would that help my case.

i am actually freaking out thinking that i might be refused the visa for misrepresentation. what should i do..pls help!!

This is very unfortunate. If you had declared your overstay, CIC would not have cared. Because you have committed misrepresentation, all you can do now is either send them updated forms with corrected information, accompanied by a letter of explanation, or hope they don't find out. Your choice really... The PCC is only one check they rely on. The security and criminality background checks may discover your "omission".

 

[easybusy]

thnx for ur reply..but my pcc dont really have any criminal record..but what i fear is that the immigration officer might call the uk home office and find that out. should i send only the background form or everything again.

 

[zardoz]

thnx for ur reply..but my pcc dont really have any criminal record..but what i fear is that the immigration officer might call the uk home office and find that out. should i send only the background form or everything again.

We really don't know how the background checks are done. CIC don't discuss it and if you ask for your GCMS notes, the information is not included. This has to be your choice but you may wish to resubmit those forms that were submitted with incorrect information on them. How you explain this to CIC is up to you but as a general rule, never lie to CIC. They will forgive a lot of things, but not misrepresentation.

 

[scylla]

thnx for ur reply..but my pcc dont really have any criminal record..but what i fear is that the immigration officer might call the uk home office and find that out. should i send only the background form or everything again.

An overstay won't show up on your criminal record (PCC). However it may very well show up during the background check process which CIC conducts. If discovered, you're looking at a refusal of your application and a 5 year ban from Canada for misrepresentation. Up to you what you do next. I would come clean and update all of your background check information with the truth.

 

[easybusy]

but would updating th background form not have a negative impact ?

 

[scylla]

It might or it might not. However if you don't tell CIC and your omission is discovered - you can guarantee a misrepresentation finding and a 5 year ban. Again, your call what you do. Might be a good time to hire a good immigration lawyer to consult on your next steps. It's really too bad you weren't honest up front - all of this could have been very easily avoided.

 

[easybusy]

thnx but i m confused and cant make up my mind. can anyone help me with som more information?

 

[zardoz]

thnx but i m confused and cant make up my mind. can anyone help me with som more information?

You do have a third option. Withdraw your application and resubmit it with all the correct information. Nobody here will/should tell you what to do. This is your decision and you will have to live with the consequences... I suggest that you ignore anyone who tells you that they "got away with it".

 

[easybusy]

well i have discussed it with some advisers and no one seem to have a definitive answer. i think i have 2 options either keep it mum or send them a cover letter explaining everything.
what are the chances of them discovering my overstaying u think?
i would actually like to tell u my story
i applied for the visa renewal on 31.01.2010..but i didnot really get any response from them till the day i decided to leave the country. well my mom was in her deathbed with cancer. so i had to make a visit so that s when i decided to call them up and ask for my documents back. thats when they told me that they actually made a decision against giving me the visa renewal and they actually posted me my documents on september 2010 which i didnot receive so they sent it to the high commission of my home country. when i called the high commission they ensured me they hadnt receive anything.
that day i went to my local police station to make a general dairy.they told me to wait and then two cops came and took me to detention centre where i was questioned by the immigration lady. after questioning she was satisfied with my answer and let me leave but she took my signature on few things where it said i was a over stayer and i can leave while i can gt my travel document sorted. she gave me a right to appeal once i left uk.which i was happy about. to be honest i didnt care much i just wanted to see my mother b4 she died. so got back within a week after that meeting.
so pls advice me should i write a cover letter explaining that ?

 

[easybusy]

oh i would like to add that even the immigration lady admitted that she contacted the high commission of my home country and they even told her the same thing that they havnt received it .

 

[scylla]

CIC won't care at all about the reasons for the overstay.

The problem is not the overstay. The problem is any information that is omitted or incorrectly stated in your application for PR.

In your application, did you give incorrect dates for your stay in the UK? Or did you provide the real dates you were in the UK (including the overstay period)? What did you say was your status in the UK at this time?

No one can tell you what the chances are that a misrepresentation will be discovered.

 

[easybusy]

no i gave correct date but on the status i wrote d.m.2005 to d.m.2012 student

 

[brucem]

no i gave correct date but on the status i wrote d.m.2005 to d.m.2012 student

I presume you must have altered the facts for both questions 7&8 of IMM5669 as you claimed you were a student the whole period you were in the UK? Also were you ordered to leave the UK as this is asked in question 6e of IMM5669? if you have not been truthful in all these questions or have been inconsistent in your answers you could find yourself open to misrepresentation as others have said. I would guess that any checks CIC make with UK will show your overstay....however as we don't know what checks CIC do nobody can tell you for sure.

 

[easybusy]

ya but i was a student and was studying but the only problem is i didnot receive the visa.. as i have explained earlier. ya so going by what UKBA told me i was ordered to leave..and i ticked yes to 6 e..thats my mistake i admit it..but now should i write a cover letter explaining everything along with an updatd imm5669?