depressed

[Ruban04]

Please read

 

[Ponga]

Re: Is this considered as over stayer !!!

Do you want to raise your doubts, or do you want to `ease' your doubts?

It looks you were without status after 16 Oct 2011 and you attended school without authorization (between 16 Oct and Nov 2011), is that correct?

I must admit that your details are not very clear to me (sorry), but to answer your underlying question...CIC does not see an overstay as a criminal offense for a sponsorship application. Even it were an offense in the UK, it would need to translate to a violation of Canadian law, which it doesn't in terms of being a criminal offense. Just explain this in your application. The most important thing is to be 100% truthful in your application.

Here's a thread from earlier this year that's very similar to yours:
http://www.canadavisa.com/canada-immigration-discussion-board/overstayed-in-uk-with-no-criminal-record-t393603.0.html

Good luck!

 

[Ponga]

Re: Is this considered as over stayer !!!

I got the reply from Canadian embassy

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.

That's the part that I don't understand. How can an overstay in the UK be grounds for inadmissibility in Canada, when even those that are presently IN Canada without status are eligible for sponsorship?

 

[Ponga]

Re: Is this considered as over stayer !!!

Now I have provided the relevant UK documents to embassy within 30days to validate my stay was legal not illegal, So now I want some one who is expert can give me solution to this matter!!

Well...I guess you'd better talk with an experienced immigration lawyer ASAP. You won't find many `experts' around here...only people that are trying to help with whatever information they've collected during their own process.

 

[Bs65]

Re: Is this considered as over stayer !!!

Now I have provided the relevant UK documents to embassy within 30days to validate my stay was legal not illegal, So now I want some one who is expert can give me solution to this matter!!

It may be the fact that you left your application to remain in UK until the day before your visa expired and then you assumed you could continue your studies regardless was the the issue. So you should not have participated in any studies after October 15th and just applying on October 14th would not give any status until acknowledged and received by the UK Visa office. Why on earth would you leave it to the day before your visa expired and then in effect be in the UK illegally with no status ? As previous poster said you need to take up with an immigration lawyer as nobody on here can really advise on such a complicated scenario.

 

[Ponga]

Re: Is this considered as over stayer !!!

Anyhow my motive is to finish my studies only...I can't leave the country before my final exams.

So you are still studying without authorization?!

 

[Bs65]

Re: Is this considered as over stayer !!!

Look your UK visa expired October 15th 2011 and yet you stayed in UK beyond that date therefore you overstayed. The fact that on OCT 14th you sent for an extension not relevant really as that application would have taken some time to be in the system and then you were refused anyway in Dec 2011 but still overstayed. I come back to my point again that applying the day before your permission to stay in Uk expired was your mistake and once you are perceived as an overstayer that reflects in many areas regarding immigration. As far as Canada is concerned maybe it isnt fair that what is an 'offence' in another country should be considered but end of day that is between yourself and CIC given an immigration offence could still be seen as one of the inadmissable criteria regardless of country. Only a lawyer can help you here not anyone on this forum i would suggest where you might still get the feedback you do not want to hear.

 

[Ponga]

Re: Is this considered as over stayer !!!

Thanks !

Like I mentioned before, According to Uk immigration & laws, you got to apply for visa before the actual visa date is expired, (which means within 28days) before 28days they never consider your application at all!

Like wise, if you apply within 28 days you have the benefits of 3C & 3D section until your case get exhausted !!

On the other hand, I returned within 28 days time frame, once my application is returned from home office!

Now I'm married genuinely & legally... this is totally unfair from Cic...

Note - I have read few posts & Cic website state about implied Visa status...that's exactly happened in my case too... I legally applied & waited for the response from home office!! So is this call an over stayer!!!

Yes, but perhaps the UK doesn't offer `Implied Status' like Canada does. If they don't, that's why you were found to be in violation of their immigration laws.

 

[Bs65]

Re: Is this considered as over stayer !!!

If some of the seniors or anyone else has gone through this experience, please kindly advice me.

We are really getting stressed out as I had no intention of hiding anything at all and I really don't want this out of control of uk immigrants issues to ruin my application and our future.

We would really appreciate is anyone can give us some honest or experience advice.

the only way you will get any serious advice is to contact a lawyer to deal with your application and not hope for a public forum to be experts is such a complex case. Seems obvious that for whatever reason, maybe the way you have put your case forward, that CIC feel that you overstayed in UK and that would be an offense at least in the UK whether intentional or not. Legal advice is really the only way forward.

 

[MofC2014]

Re: Is this considered as over stayer !!!

Do you want to raise your doubts, or do you want to `ease' your doubts?

It looks you were without status after 16 Oct 2011 and you attended school without authorization (between 16 Oct and Nov 2011), is that correct?

I must admit that your details are not very clear to me (sorry), but to answer your underlying question...CIC does not see an overstay as a criminal offense for a sponsorship application. Even it were an offense in the UK, it would need to translate to a violation of Canadian law, which it doesn't in terms of being a criminal offense. Just explain this in your application. The most important thing is to be 100% truthful in your application.

Here's a thread from earlier this year that's very similar to yours:
http://www.canadavisa.com/canada-immigration-discussion-board/overstayed-in-uk-with-no-criminal-record-t393603.0.html

Good luck!

A UK visa overstay is a criminal offence under UK immigration law and does translate to being inadmissible under IRB. Forget which section but if I find it I will post the section.