VO Requesting Additional Info in a Letter - Help?

[katelynlc]

Hi CanadaVisa family,

I'm looking for your help with this: DH and I received from London VO yesterday, asking us to explain some gaps in his travel timeline. The gaps indicate an overstay on his Visitors Visa (he's from the UK so over 6 months). They want us to write another letter stating what his status was during those times, even though we thought we made it clear in the application initially.

The overstay was fairly significant (+1 year). The reason for the overstay is simple really: We were young and naive about immigration, then we fell in love and he stayed. During that time he was never approached by immigration, he never worked illegally (either his parents supported him or I did), and he never encountered any issues coming back to Canada. He's currently here on another Visitors Visa and we've applied to extend it hoping that his PR will be completed. When we submitted his PR he was on a totally legal Visitors Visa (in November 2012).

Any advice to not make us sound like idiots to the VO? Or better yet, how should we phrase this in the most positive light possible?

Thanks for looking!

 

[canuck_in_uk]

Hi Kate

So there isn't really a way to phrase "He overstayed" in a positive light, especially since it was such a simple process to just extend his stay. CIC doesn't really accept naivete as an excuse.

That being said, it shouldn't really affect the PR app, as a sponsored person isn't even required to have legal status during the application to be approved. CIC states "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met."

In your letter, admit that you guys made a mistake with him overstaying but that you didn't understand how serious it was. Very important to explain and show that he wasn't working at all during that time (transfers from his parents, all bill payments being made by you), as that would have been a more serious crime than just overstaying. Say that once you guys realized how serious of a mistake it was, you corrected it and he now has proper status and is maintaining it.

Good luck!

 

[katelynlc]

Hi Kate

So there isn't really a way to phrase "He overstayed" in a positive light, especially since it was such a simple process to just extend his stay. CIC doesn't really accept naivete as an excuse.

That being said, it shouldn't really affect the PR app, as a sponsored person isn't even required to have legal status during the application to be approved. CIC states "You can apply as a sponsor if your spouse, common-law or conjugal partner, or accompanying dependent children live with you in Canada, even if they do not have legal status in Canada. However, all the other requirements must be met."

In your letter, admit that you guys made a mistake with him overstaying but that you didn't understand how serious it was. Very important to explain and show that he wasn't working at all during that time (transfers from his parents, all bill payments being made by you), as that would have been a more serious crime than just overstaying. Say that once you guys realized how serious of a mistake it was, you corrected it and he now has proper status and is maintaining it.

Good luck!

Thanks Canuck! We've printed about 300 pages of bank statements, color coded with money in and out. We've also done a letter of apology for the overstay, our receipt for his visitors visa extension, among other things. Thanks for pointing us in the right direction!

 

[Sweden]

I agree : be as up-front and honest as possible. Show that you are aware that it was the wrong thing to do, and you know better.
The fact that he was re-admitted into Canada later on is a good point in your file, and now he has actually maintained legal status, so it shouldn't matter too much.
once CIC can see that he indeed didn't work, and didn't do anything else than "overstaying", then hopefully the PR will be issued!
Good luck,
Sweden

 

[katelynlc]

I agree : be as up-front and honest as possible. Show that you are aware that it was the wrong thing to do, and you know better.
The fact that he was re-admitted into Canada later on is a good point in your file, and now he has actually maintained legal status, so it shouldn't matter too much.
once CIC can see that he indeed didn't work, and didn't do anything else than "overstaying", then hopefully the PR will be issued!
Good luck,
Sweden

Thanks Sweden! Our parcel goes in the mail tomorrow (with the fastest shipping we can afford!) and then I can start pestering them to see if they've received it... we are really hoping we don't have to wait the 4 months for them to pick up the application again as it states in their email!