Overstay, Visitor Extension, and PR app.

[Ceimi]

Hey guys, I've got a friend who overstayed a couple years in Canada, but was never given an order to leave Canada, left on their own, and has since come back to Canada a few times since the overstay with no problems.

They realized their mistake the first time around and have not overstayed since. They submitted an application for a visitor extension (they are a U.S. citizen) and it was approved but under the question that lists whether they overstayed they answered no. They granted the extension and have received their visitor record already.

They're now getting ready to submit the PR application and want to know what they should do moving forward. If there is a way to submit an amendment to the extension so that they can come clean, even if it means them having to leave Canada while the PR application is in process, or whether to just leave it since they left on their own and were never ordered to leave Canada.

 

[CountryGurl_GMC]

Hey guys, I've got a friend who overstayed a couple years in Canada, but was never given an order to leave Canada, left on their own, and has since come back to Canada a few times since the overstay with no problems.

They realized their mistake the first time around and have not overstayed since. They submitted an application for a visitor extension (they are a U.S. citizen) and it was approved but under the question that lists whether they overstayed they answered no. They granted the extension and have received their visitor record already.

They're now getting ready to submit the PR application and want to know what they should do moving forward. If there is a way to submit an amendment to the extension so that they can come clean, even if it means them having to leave Canada while the PR application is in process, or whether to just leave it since they left on their own and were never ordered to leave Canada.

I would be honest on the PR application. At this point there is no way to amend the extension. CIC may declare it 'misrepresentation' and deny the PR or they might not.

 

[canuck_in_uk]

Hey guys, I've got a friend who overstayed a couple years in Canada, but was never given an order to leave Canada, left on their own, and has since come back to Canada a few times since the overstay with no problems.

They realized their mistake the first time around and have not overstayed since. They submitted an application for a visitor extension (they are a U.S. citizen) and it was approved but under the question that lists whether they overstayed they answered no. They granted the extension and have received their visitor record already.

They're now getting ready to submit the PR application and want to know what they should do moving forward. If there is a way to submit an amendment to the extension so that they can come clean, even if it means them having to leave Canada while the PR application is in process, or whether to just leave it since they left on their own and were never ordered to leave Canada.

They committed serious misrepresentation in the extension app. It is more than just that one question. There is a question asking about residing in other countres; if this overstay was in the last 5 years, they would have had to state that they were residing in Canada at that time and state their status. They would have also had to state that they were in Canada for that time in their employment history.

At this point, they should come clean before IRCC finds out and hope that IRCC will not take action. However, it is pretty serious, so who knows what will happen.

 

[Ceimi]

They committed serious misrepresentation in the extension app. It is more than just that one question. There is a question asking about residing in other countres; if this overstay was in the last 5 years, they would have had to state that they were residing in Canada at that time and state their status. They would have also had to state that they were in Canada for that time in their employment history.

At this point, they should come clean before IRCC finds out and hope that IRCC will not take action. However, it is pretty serious, so who knows what will happen.

How would she go about making this aware to CIC? They're now deciding whether pursuing Canada is even worth it at this point and are deciding whether moving back to the U.S. would just be easier all around.

 

[canuck_in_uk]

How would she go about making this aware to CIC? They're now deciding whether pursuing Canada is even worth it at this point and are deciding whether moving back to the U.S. would just be easier all around.

If they apply for sponsorship, a letter of explanation. I would say that there is a good chance of getting a Procedural Fairness letter for misrepresentation and given that it was a very blatant lie and not just an innocent mistake, a good chance of refusal. But you never know.