Past immigration history

[bluehead]

Hello Dear,

Hope you all are good, just putting my case here to see if someone could guide me before applying for express entry.Im Sales/Marketing specialist by profession, having dual MBA from Pakistan(Marketing) & UK(International Business), with 10 years of experience.

I entered in UK as student back 2010, while my stay (UK) I studied in 2 institutes ie Local College (approved by Education dept) & Recognized State University. After finishing with the college study, I was successful in getting PSW (Post Study Visa) for 2 years. In the meanwhile i managed to get the fulltime job & took admission in University for Mba course. At the end of the course when I applied for the change of status from PSW, home office rejected my FLR application, used a flat way for every one who was ever enrolled to the college, where I took my earlier degree in UK based on the reason (false representation in FLR), that college issues fake degree and the past record of the college was not traceable, because of change of management.

Somehow (with the help of extended leave to remain) I manage to complete my second degree from UK University and return back to my home country with in the legal time allowed to me by home office, at my own expense in 2010.

Based on above info, am I eligible for applying in Canada immigration ie express entry, what are my chances, will the Canadian immigration authorities consider my application or reject me for the past immigration history.

Regards
bluehead

 

[jairichi]

Hello Dear,

Hope you all are good, just putting my case here to see if someone could guide me before applying for express entry.Im Sales/Marketing specialist by profession, having dual MBA from Pakistan(Marketing) & UK(International Business), with 10 years of experience.

I entered in UK as student back 2010, while my stay (UK) I studied in 2 institutes ie Local College (approved by Education dept) & Recognized State University. After finishing with the college study, I was successful in getting PSW (Post Study Visa) for 2 years. In the meanwhile i managed to get the fulltime job & took admission in University for Mba course. At the end of the course when I applied for the change of status from PSW, home office rejected my FLR application, used a flat way for every one who was ever enrolled to the college, where I took my earlier degree in UK based on the reason (false representation in FLR), that college issues fake degree and the past record of the college was not traceable, because of change of management.

Somehow (with the help of extended leave to remain) I manage to complete my second degree from UK University and return back to my home country with in the legal time allowed to me by home office, at my own expense in 2010.

Based on above info, am I eligible for applying in Canada immigration ie express entry, what are my chances, will the Canadian immigration authorities consider my application or reject me for the past immigration history.

Regards
bluehead

You need to disclose all information in your application. Canada immigration will take a call on that.

 

[bluehead]

You need to disclose all information in your application. Canada immigration will take a call on that.

Many Thanks dear for the reply, theres no doubt they will consider it in just manner without any discrimination, and in case i applied for it certainly would disclose all to them.
If Im not bothering you would you guide me .... My question was... did you ever came across/heard any case like that and out come of it or any specific Canadian law/clause to dealth with the past immigration history of the applicant.
In other perspective theres another category of rehab/reentry in canada, Im not sure do I need to apply from that route, or that one is entirely meant for those who ever entered or lived in Canada, not applicable for outside canada. Why Im saying all this as I read the legal paper/docs says Canada & UK do reciprocate/accomodate each other in labour & Immigration laws.
Cheers

 

[jairichi]

Many Thanks dear for the reply, theres no doubt they will consider it in just manner without any discrimination, and in case i applied for it certainly would disclose all to them.
If Im not bothering you would you guide me .... My question was... did you ever came across/heard any case like that and out come of it or any specific Canadian law/clause to dealth with the past immigration history of the applicant.
In other perspective theres another category of rehab/reentry in canada, Im not sure do I need to apply from that route, or that one is entirely meant for those who ever entered or lived in Canada, not applicable for outside canada. Why Im saying all this as I read the legal paper/docs says Canada & UK do reciprocate/accomodate each other in labour & Immigration laws.
Cheers

I have not come across anyone in a situation like yours. Your change of status was denied but not your visa. In addition you were not deported. In my opinion it will not be an issue. Wait for response from senior members.

 

[bluehead]

Thank you for the kind help.

 

[Ruban04]

Hi there,

I never hide anything to Canadian embassy (if you hide anything they know how to track you) so my advice is do not hide anything

Now I am waiting for my final verdict from Canadian embassy

Last email I received

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 I have sent my additional documents with personal statement last week