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Canada Immigration Forum > Immigration Topics > Skilled Worker / Professional Immigration > Topic: Imm0008_1e ( backgroud declaration) for overstayed spouse
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Author Topic: Imm0008_1e ( backgroud declaration) for overstayed spouse  (Read 895 times)
spur230
Full Member
***

Posts: 45
Ratings: +2
Category........: FSW1
Visa Office......: NY
NOC Code......: 4131
Pre-Assessed..: Yes
File Transfer...: 20-01-2010
Med's Request: 26-10-2010
Med's Done....: 11-03-2010
Passport Req..: 27-12-2010
« on: October 15, 2009, 02:34:44 pm »
Hi All,

In Schedue 1 Background/declaration form there is a question
being refused admission to, or ordered to leave Canada or any other country?

My spouse is currently out of status in USA. Her application for change of status was denied. 

What do you think we should answer for the above question ( Yes or NO)?

Thanks a  lot in advance.
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barsindoo
Champion Member
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Posts: 1551
Ratings: +40
« Reply #1 on: October 15, 2009, 05:48:17 pm »
the truth.
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...but you brought us to a place of abundance.
anwar77m
Hero Member
*****

Posts: 612
Ratings: +15
Category........: FSW1
Visa Office......: London
NOC Code......: 3112
App. Filed.......: 16-10-2009
Doc's Request.: 26-01-2010
AOR Received.: 26-01-2010       2nd AOR        : 23-03-2010
IELTS Request: done befor
File Transfer...: 04-02-2010       In process on  :24 -08-2010
Med's Request: 08-09-2010
Med's Done....: 27-09-2010       Medical sent   : 30-09-2010       RPRF Sent      : 18-11-2010
Interview........: waived ??
Passport Req..: 11-05-2011
VISA ISSUED...: 26-05-2011  Cheesy
LANDED..........: 13-06-2011 Calgary
« Reply #2 on: October 15, 2009, 06:43:39 pm »
brother
i think u should say "NO"
THE  question is clear
being refused admission to, or ordered to leave Canada or any other country
good luck
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hellovn
Hero Member
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Posts: 216
Ratings: +7
« Reply #3 on: October 16, 2009, 08:35:14 am »
If you are overstayed, you are forced to leave by the law.
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Category........: FSW3
Visa Office......: Singapore
NOC Code......: 2174
App. Filed.......: 18 Nov 09
AOR Received.: 22 Jan 2010
Second AOR: 17 Feb 2010
Status: In Process (June 22, 2010) -- medical and RPRF on July 06, 2010
Visa stamped: Dec 3, 20
aakash28
Star Member
****

Posts: 179
Ratings: +2
Category........: FSW1
Visa Office......: Singapore
NOC Code......: 1122
App. Filed.......: 7th Oct 2010
AOR Received.: 8th Feb 2011
IELTS Request: Submitted
File Transfer...: 9th June 2011
Med's Request: 18th July 2011
Med's Done....: 1st August 2011
Interview........: Waived
Passport Req..: September 24th 2011; Submitted on October 11th 2011
VISA ISSUED...: Decision Made on November 14th 2011; PP received on December 4th 2011
LANDED..........: Inshallah on April 2012
« Reply #4 on: October 16, 2009, 10:17:50 am »
I was denied a visitor visa once by US EMBASSY. Do i say 'YES'? I was given a student visa earlier than that, but when i completed my study and came back i applied for visit visa on which i was denied.

Now should it be same as 'refused admission'? My understanding is that 'refused admission' refers to do not let someone in to a country when he or she arrives without a visa and seek refuge or some other status.

Am i right?

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Todays is the first day of the rest of my life~~
barsindoo
Champion Member
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Posts: 1551
Ratings: +40
« Reply #5 on: October 16, 2009, 10:40:32 am »
Quote from: aakash28 on October 16, 2009, 10:17:50 am
I was denied a visitor visa once by US EMBASSY. Do i say 'YES'? I was given a student visa earlier than that, but when i completed my study and came back i applied for visit visa on which i was denied.
Refused visa.

Now should it be same as 'refused admission'? No.My understanding is that 'refused admission' refers to do not let someone in to a country when he or she arrives without a visa and seek refuge or some other status.You can arrive with visa and still be refused entry if the officer is not satisfied.

Am i right?



Peace
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...but you brought us to a place of abundance.
lenkact
Full Member
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Posts: 41
Ratings: +0
« Reply #6 on: October 16, 2009, 11:09:45 am »
Always tell the truth! you and your spouse will prevail. Please tell the truth!
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spur230
Full Member
***

Posts: 45
Ratings: +2
Category........: FSW1
Visa Office......: NY
NOC Code......: 4131
Pre-Assessed..: Yes
File Transfer...: 20-01-2010
Med's Request: 26-10-2010
Med's Done....: 11-03-2010
Passport Req..: 27-12-2010
« Reply #7 on: October 16, 2009, 11:54:34 am »
Thanks a lot friends for your comment.

 I want to tell the truth but what is true in the above scenario? Is it NO as anwar77m said or will it be yes.  Please help me with the confusion!

Thanks again.
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hao8165
Full Member
***

Posts: 21
Ratings: +0
Category........: FSW2
Visa Office......: Buffalo, NY
Job Offer........: Yes
Pre-Assessed..: Yes
App. Filed.......: 10-07-2009
Doc's Request.: 03-09-2009
Nomination.....: N/A
AOR Received.: 13-10-2009
IELTS Request: N/A
File Transfer...: 11-05-2010
Med's Request: 08-09-2010
Med's Done....: 23-09-2010
Interview........: Waived
Passport Req..: 22-10-2010
VISA ISSUED...: 26-10-2010 (In person)
« Reply #8 on: October 16, 2009, 12:37:08 pm »
I think the answer is NO. Refused admission is not the same as overstaying.  Your spouse was admitted into the US legally with a valid visa.  He/she is not deported, and has not received any documents from the government asking him to leave the US.  So the answer is NO.  But, on the form where it asks "the status in that country," you should put "out of status."
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spur230
Full Member
***

Posts: 45
Ratings: +2
Category........: FSW1
Visa Office......: NY
NOC Code......: 4131
Pre-Assessed..: Yes
File Transfer...: 20-01-2010
Med's Request: 26-10-2010
Med's Done....: 11-03-2010
Passport Req..: 27-12-2010
« Reply #9 on: October 16, 2009, 01:08:14 pm »
Thank you hao8165.
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Prits
Full Member
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Posts: 26
Ratings: +0
« Reply #10 on: October 16, 2009, 03:29:29 pm »
Hi spur230,

you can say no in this case,  but are you showing her as your spouse? if yes then tell them the truth in section 11 her "personal history" activity column,  other wise it will affect her sponsership in future. Misrepresenation is a big issue in IRPA Canada.

thanks,
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Prits
Full Member
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Posts: 26
Ratings: +0
« Reply #11 on: October 16, 2009, 03:40:02 pm »
also check this link on forums, it would hep you for sure!

http://www.canadavisa.com/canada-immigration-discussion-board/my-application-sent-back-reason-t27272.0.html
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