Did I do a Bad thing??

[britincanada]

In 2006 I was issued a Visitors Record to remain in Canada until after the Birth of our child..I was due to leave 5 weeks after our baby was born! My midwife advised me against travel so soon due to blood clots etc and I found that the airlines would not let me travel with a 5 week old baby! So I panicked and stayed in Canada..I am aware that I was able to apply for restoration of status up to 90 days after my VR expired! However we didnt have $200 and I was not thinking rationally at this point..I was a 1st time mum that had been forced to give birth in Canada against my wishes due to complications..with raging hormones!!

As I am not able to work we had big financial problems as we had to pay $10,000 for the birth (and still paying) my Husband was forced to file bankruptcy and couldnt afford for me to fly back home right away..we managed to save up some money for the flight about $400 and $280 for our daughters British Passport..it took 4 1/2 months for me to get her British Passport from the British Embassy in Ottawa by this time it was now May 2008..we got a flight to the uk on xx June 2008..I had overstayed by 16 months...However I didn't have a deportation order or asked to leave I left of my own accord..

I was re-admitted to Canada in December 2008 after being home for 6 months..Upon my return I was asked when I last entered Canada..I answered xx April 2006 and then they asked when I last left I answered xx June 2008..I was not asked if I had overstayed..I assumed the Customs officer could see that on my passport file as he had a good look at it!

In May 2009 I applied for an extension to stay in Canada..however on Q Where they ask if you have overstayed or worked/ studied with out authorization I answered "Not Applicable" as I thought they were talking about my status at the Time I was applying to extend my stay in Canada..not if I had ever over stayed...I currently hold a valid legal status in Canada..I was issued a 1 year Visitor Visa..And waiting for a renewal that I should hear about this month..my status expires xx August 2010

My concern is that when I applied for my PR'

- I did tell them I have held visitors records in Canada and included a copy of my current VR
- I also told them I held one in 2006..but did not state that I overstayed (I mean no where in my application did I say "I overstayed")..I just told them I was in Canada until June 2008...my dad did however draw attention to the fact that I overstayed in his letter to CIC as he does not know I was in Canada out of status he thought my VR expired June 2008 and gave that as a reason for my return to England and living at his house for 6 months!!

Have I misrepresented myself in my PR application??

 

[can_usa_97]

I don't know the answer to your question, but wish you well.



My personal thought - and I can't remember because I haven't been in Canada for longer than a month at a time, is that if it didn't ASK you to indicate times you did that. You might be OK as for not misrepresenting yourself- what the IO will think when they look, might mean more questions for you. But again, that's just how I'd take it.

 

[britincanada]

I am fully anticipating an interview..and I hope they will accept my answer as to why I did this as an acceptable one..I just have a nagging feeling I should have written a note saying that I did overstay and why..but I am hoping the fact that I have come back into Canada and applied twice to extend my stay ..one extension was granted and the other I am waiting for will hold a lot of weight...and prove that I do not intend to do it again!!

 

[rjessome]

My concern is that when I applied for my PR'

- I did tell them I have held visitors records in Canada and included a copy of my current VR
- I also told them I held one in 2006..but did not state that I overstayed (I mean no where in my application did I say "I overstayed")..I just told them I was in Canada until June 2008...my dad did however draw attention to the fact that I overstayed in his letter to CIC as he does not know I was in Canada out of status he thought my VR expired June 2008 and gave that as a reason for my return to England and living at his house for 6 months!!

Have I misrepresented myself in my PR application??

You corrected your overstay when you left. You did not misrepresent because you answered honestly the questions regarding when you arrived in 2006 and left in 2008, thus indicating your overstay. You are fine.

 

[britincanada]

Thank you so much..my head is spinning...I have a 3 1/2 year old daughter with my husband...and the thought of having to separate our family again makes me sick to my stomach!! Could the CBSA see on my passport file that I had a VR and overstayed when he asked me when I last entered and left? I was sent to Immigration to question me about our daughter..I travelled without a letter to bring her back into Canada and had a different last name..but wasnt grilled about my over stay just my relationship with my Husband (then boyfriend) in general!