Overstayer in U.K. Lawfully admitted only for 2 months. Please help.

[Outlander]

Anyone applied as refugee claimant from U.K.? I am Canadian citizen living with my common law partner for past 3 years in U.K. I come on visitor visa leave country for a day once visa expires and come back to U.K. For 3 years. My common law partner is overstayer for past 7 years in UK. We cannot get legally married here because of this country's rules. I want to sponsor him to Canada. Should he apply for refugee STATUS in U.K. so that our status can be Refugee Claimant? He lawfully admitted to U.K. but his visa was only for two months.
Please help as much as you can as I want to live in Canada with my common law partner now.

 

[scylla]

Having refugee status in the UK won't help with sponsoring him to Canada. I also suspect it will be qualify for UK refugee status after a 7 year overstay. I don't see the point in applying.

 

[Outlander]

So where should we live? I can't live in India and definitely not in U.K. without status.

 

[Outlander]

Does it mean that we can never live together?

 

[scylla]

You're misunderstanding.

If you want to live in Canada, you need to sponsor him for PR as your common law partner. Don't apply for UK refugee status. Just sponsor him for Canadian PR.

Note that since he has no status in the UK, you can expect his PR application to be processed through the visa office responsible for his home country. If an interview is required, it will be held in his home country and he will have to attend in person.

 

[Outlander]

but then what should we write in background declaration form for principal applicant. Living in U.K. working as builder. What will be the status in the residing country? If we write OUT OF STATUS Visa officer will straight away refuse the application

 

[scylla]

You have to be 100% honest in the application about his immigration history. Yes - you have to say he is out of status or has no status in the UK. Not sure why you think this will result in an automatic refusal.

 

[Outlander]

This exactly He received from Canadian embassy from Srilanka

I am in the process of assessing your application and it appears that you may not qualify for Immigration to Canada as a member of the family class.

You have provided copies of your UK visa and entry/exit stamps to and from the UK. In the letter that you have provided you had status in the UK only until Oct 11. However, you have left the country in july 2012. You have also stated that your student visa is refused in dec 11 and appeal was refused in feb 12. As per section 24(1) (b) (1) of UK’s immigration act 1971 it is an offence to remain in the UK beyond the time limited by leave.

Section ​29 (2) of the IRPA stipulate that a temporary resident must comply with any condition imposed under the regulation and act and must leave Canada by the end of the period authorized for their stay. Under section 41 (a) a person is inadmissible for failing to comply with this act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this act.
Under section 124 (1) (a) of IRPA, every person commits an offence who contravenes a provision of this acts for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this acts.

As per section 125 (a) a person who commits an offence under subsection 124 (1) is liable on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years or to both. It appears, therefore, you are inadmissible on grounds of criminality under S36 (2) (c) of IRPA for committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, Would constitute an indictable offence under an Act of Parliament.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. If you do not respond to this request within 30days, your application will assessed based on the information currently on the file any may result in the refusal of your application.

Now He has sent tbe additional documents with personal statement in March 2016...No reply till now
Medical got expired in June 2016 / no remedial request or no updates yet

This was posted by someone in this forum.

 

[Bcboundboy]

This exactly He received from Canadian embassy from Srilanka
...
This was posted by someone in this forum.

Was that exactly what your partner received? Or was that posted by someone else in the forum? Using quote marks to distinguish where you're quoting other people, or supplying your own information, would make helping you much easier.

 

[Outlander]

Sorry I will use quote marks now. This was posted by someone else in this forum.
"This exactly He received from Canadian embassy from Srilanka

I am in the process of assessing your application and it appears that you may not qualify for Immigration to Canada as a member of the family class.

You have provided copies of your UK visa and entry/exit stamps to and from the UK. In the letter that you have provided you had status in the UK only until Oct 11. However, you have left the country in july 2012. You have also stated that your student visa is refused in dec 11 and appeal was refused in feb 12. As per section 24(1) (b) (1) of UK’s immigration act 1971 it is an offence to remain in the UK beyond the time limited by leave.

Section ​29 (2) of the IRPA stipulate that a temporary resident must comply with any condition imposed under the regulation and act and must leave Canada by the end of the period authorized for their stay. Under section 41 (a) a person is inadmissible for failing to comply with this act in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this act.
Under section 124 (1) (a) of IRPA, every person commits an offence who contravenes a provision of this acts for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this acts.

As per section 125 (a) a person who commits an offence under subsection 124 (1) is liable on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years or to both. It appears, therefore, you are inadmissible on grounds of criminality under S36 (2) (c) of IRPA for committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, Would constitute an indictable offence under an Act of Parliament.
I would like to provide you with the opportunity to respond to this information. You will have 30 days from the date of this letter to submit additional information in this regard. If you do not respond to this request within 30days, your application will assessed based on the information currently on the file any may result in the refusal of your application.

Now He has sent tbe additional documents with personal statement in March 2016...No reply till now
Medical got expired in June 2016 / no remedial request or no updates yet."


It clearly states overstay is a criminal offence. This wasn't sent to my partner. My partner hasn't applied yet.

 

[scylla]

Yes - I remember that post.

In that case it's possible, your common law partner may have to return to India, you return to Canada and then you sponsor him from here. He will have to wait in India until his PR visa is approved.

 

[Outlander]

But this person also applied from Sri Lanka not U.K.

 

[zardoz]

But this person also applied from Sri Lanka not U.K.

I don't think that matters. The visa officer is linking a criminal offence committed (note - NOT convicted) outside Canada with the equivalent offence under Canadian law. It doesn't say that the foreign offence has to be committed where the person currently resides or applies from.

 

[Outlander]

Thank you for your reply. This person left uk and came back to Sri Lanka. He applied from Sri Lanka. He has similar situation as ours. We don't want to apply and then get refused. We are looking for solution to this problem.