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current immigration status

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tammi
Newly Registered
Posts: 19
Joined: Wed Oct 04, 2006 9:55 am

current immigration status

Post by tammi » Fri Jun 01, 2007 8:56 pm

Dear board,

Will the canadian authority consider your current immigration status in the UK when considering a person's aplication under skilled migration.

that is, if you are an overstayer in the uk, will it affect your application?

thank you

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Re: current immigration status

Post by jes2jes » Mon Jun 04, 2007 1:10 pm

tammi wrote:Dear board,

Will the canadian authority consider your current immigration status in the UK when considering a person's aplication under skilled migration.

that is, if you are an overstayer in the uk, will it affect your application?

thank you
Hmm!
There are two answers to your question:

Yes. Your immigration status is considered when you file your application. If your current leave as expired (overstayer) but you entered the country legally, then you are fine. Note that, your initial admission must be for at least one year to be considered for migration and your current status is irrelevant so long as you meet the initial requirement. But be aware that, if you were admitted on a visitors visa then, you would not be considered.

No. This is because, if you were admitted lawfully initially for at least one year in any category (resident/temporary resident) apart from visitor's visa. You would be fine even if your leave has expired.

Bear in mind that you cannot apply for a visitors visa though currently since you have no legal status in this country.

I will advise you to familiarise yourself with OP6 Manual from the CIC website for a thorough explanation of the rules.

All the best.
Praise The Lord!!!!

tammi
Newly Registered
Posts: 19
Joined: Wed Oct 04, 2006 9:55 am

Post by tammi » Thu Jun 07, 2007 12:04 pm

Thank you jes2jes,
Note that, your initial admission must be for at least one year to be considered for migration and your current status is irrelevant so long as you meet the initial requirement.
This bit is abit unclear about the initial admission bit. Do you mean that you must have spent at least one year in the uk before applying? Could you please explain.
But be aware that, if you were admitted on a visitors visa then, you would not be considered.
What happens if you were admitted initially as a visitor and have been granted leave to remain in other catogories since then. Does the fact that you were initially on visitor visa affect your application?.
I will advise you to familiarise yourself with OP6 Manual from the CIC website for a thorough explanation of the rules.
Thank you. I will do so

jes2jes
Senior Member
Posts: 692
Joined: Wed Apr 05, 2006 2:31 pm

Post by jes2jes » Thu Jun 07, 2007 4:45 pm

This bit is abit unclear about the initial admission bit. Do you mean that you must have spent at least one year in the uk before applying? Could you please explain.
No. Supposing your visa was for at least one year when you entered the country, you could apply the same day if you wish or any other day after that. The condition is to have leave to remain for at least one year to apply and the length of time you have stayed in the country is irrelevant to the application submission process.
What happens if you were admitted initially as a visitor and have been granted leave to remain in other catogories since then. Does the fact that you were initially on visitor visa affect your application?.
No. So long as you have a valid leave to remain for at least a year on the day of application submission, you are fine. The criteria is on the length of 'visa duration' on any residency visa with the exception of visitor's visa.

Hope this is clear now! :P
Praise The Lord!!!!

tammi
Newly Registered
Posts: 19
Joined: Wed Oct 04, 2006 9:55 am

Post by tammi » Fri Jun 08, 2007 5:52 pm

This is very helpful, thank you.

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