Relationship interview (outland)

[Jane2018]

HI everyone,

I have a friend who's waiting for her relationship interview (Outland - the husband won't be there). She's concerned that the interviewer will question her regarding her previous stay in Canada (she overstayed her visitor's visa - and probably worked for cash - for almost one year before going back to her home country and applying outland).

Is there anyone in a similar situation?

 

[Miraclejj]

HI everyone,

I have a friend who's waiting for her relationship interview (Outland - the husband won't be there). She's concerned that the interviewer will question her regarding her previous stay in Canada (she overstayed her visitor's visa - and probably worked for cash - for almost one year before going back to her home country and applying outland).

Is there anyone in a similar situation?

First and foremost, to make sure your friend disclosed her overstay in Canada on her application. If not, your friend is in a big trouble, and pretty much will be refused on the ground of misrepresentation.

If she disclosed the overstay on her application and is questioned for this period by VO, make sure your friend to be 100% honest to truthfully answer all the questions. That is the only way will work. The outcome is hard to say and nobody can really tell you what it will be. Even there is somebody in the similar situation as your friend's, still you cannot predict the outcome for your friend, because it will fully depend on the VO and other factors of the case.

 

[Jane2018]

First and foremost, to make sure your friend disclosed her overstay in Canada on her application. If not, your friend is in a big trouble, and pretty much will be refused on the ground of misrepresentation.

If she disclosed the overstay on her application and is questioned for this period by VO, make sure your friend to be 100% honest to truthfully answer all the questions. That is the only way will work. The outcome is hard to say and nobody can really tell you what it will be. Even there is somebody in the similar situation as your friend's, still you cannot predict the outcome for your friend, because it will fully depend on the VO and other factors of the case.

Thank you for your response!

I helped her with the forms (as I've done my own application and she doesn't speak English so well), and I made sure that all the information is accurate...

Do you believe they would ask questions regarding how she supported herself while in Canada? Or more directly, if she worked without proper authorization?

I imagine that if she says yes, it would be somehow "self-incrimination", no? On the other hand, I advised her to never lie or it could be dimmed misrepresentation.

 

[Miraclejj]

Thank you for your response!

I helped her with the forms (as I've done my own application and she doesn't speak English so well), and I made sure that all the information is accurate...

Do you believe they would ask questions regarding how she supported herself while in Canada? Or more directly, if she worked without proper authorization?

I imagine that if she says yes, it would be somehow "self-incrimination", no? On the other hand, I advised her to never lie or it could be dimmed misrepresentation.

Well, honestly, I don't know if 5th amendment will apply to Canada, but it seemed you already had your answer that you advised your friend to never lie, so I guess she should say yes, when the question is asked, because by saying "no" is actually a lie.

Also, nobody will know what questions will be exactly asked in an interview, again it fully depends on the VO and case itself, although there are some standard questions were posted on this forum by those applicants attended interview.

 

[Jane2018]

Well, honestly, I don't know if 5th amendment will apply to Canada, but it seemed you already had your answer that you advised your friend to never lie, so I guess she should say yes, when the question is asked, because by saying "no" is actually a lie.

Also, nobody will know what questions will be exactly asked in an interview, again it fully depends on the VO and case itself, although there are some standard questions were posted on this forum by those applicants attended interview.

It makes sense!

Thank you for your insights

 

[Buletruck]

I don't know if 5th amendment will apply to Canada

No Fifth Amendment right in Canada....that's the US. In Canada it falls under Chapter 11 of the Charter, and you can not be compelled to testify against yourself. However, if you have taken the stand during trial, chapter 11 no longer applies. Not sure if it is at all relevant to an IRCC interview (non trial setting), where if you don't answer, withhold answers or just plain lie it can be construed as misrepresentation.

 

[Miraclejj]

No Fifth Amendment right in Canada....that's the US. In Canada it falls under Chapter 11 of the Charter,

I was sarcasm.

 

[jordo]

the nature of the relationship interview will be because CIC is questioning how genuine the relationship is. I'm not sure all this about over staying would come into it. They have procedural fairness letters for that type of thing.

 

[Miraclejj]

the nature of the relationship interview will be because CIC is questioning how genuine the relationship is. I'm not sure all this about over staying would come into it. They have procedural fairness letters for that type of thing.

Actually, those questions that related to her overstaying have a high possibility to be asked. Because that overstay could be one of the major reasons that landed her an interview (marriage of convenience). So, the VO may test her for her own accounts of credibility by asking the questions related to her overstay. But, nobody knows for sure, really.

 

[Buletruck]

I was sarcasm

(Takes foot out of mouth) Totally missed that.......

 

[canuck_in_uk]

Thank you for your response!

I helped her with the forms (as I've done my own application and she doesn't speak English so well), and I made sure that all the information is accurate...

Do you believe they would ask questions regarding how she supported herself while in Canada? Or more directly, if she worked without proper authorization?

I imagine that if she says yes, it would be somehow "self-incrimination", no? On the other hand, I advised her to never lie or it could be dimmed misrepresentation.

If she was completely honest in her app, IRCC should already know that she worked illegally because it should have been listed in her employment history.