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question about previous deportation and applying now

Ms Malawi

Hero Member
Oct 20, 2012
966
29
Category........
Visa Office......
Pretoria
Job Offer........
Pre-Assessed..
App. Filed.......
28-11-2012
AOR Received.
18-12-2012
File Transfer...
07-01-2013
Med's Done....
30-08-2012
Interview........
02-05-2013
Passport Req..
10-05-2013
VISA ISSUED...
17-05-2013
LANDED..........
27-05-2013
Hi There,

My husband previously overstayed his student visa while living in the UK. Will this affect our application for me to sponsor him to come to Canada? He has been living and studying in Malawi since he was deported in 2009. If we acknowledge what happen and explain his situation, will it be an issue when applying to Canada?

Thank you for any insight!
 

canadianwoman

VIP Member
Nov 6, 2009
6,211
291
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
It will be an issue if you report it or not.
If you do not mention this on his application, and the visa officer finds out, his PR visa application will be denied for misrepresentation and he will be barred for two years from applying again.

If you do mention this on the application, it will be a 'red flag' that will cause the visa officer to question his intentions now. The visa officer may think that if your husband did not follow the rules one time with regards to a visa, maybe he is not following the rules this time either.

I would say, mention the overstay on the student visa. Explain the circumstances. If your husband had a good reason for overstaying, or even if it was just because of a mistake, it will have less impact on his application now.

Because of this problem in your husband's past, you need to have a lot of evidence that your relationship is genuine - more than the average applicant.
 

Ms Malawi

Hero Member
Oct 20, 2012
966
29
Category........
Visa Office......
Pretoria
Job Offer........
Pre-Assessed..
App. Filed.......
28-11-2012
AOR Received.
18-12-2012
File Transfer...
07-01-2013
Med's Done....
30-08-2012
Interview........
02-05-2013
Passport Req..
10-05-2013
VISA ISSUED...
17-05-2013
LANDED..........
27-05-2013
Thank you. Your insight is greatly appreciated and was kinda what i was thinking.