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Question regarding foreign spouse overstay.

ziglo

Newbie
Nov 12, 2022
3
0
Hello,

My common law partner and soon to be wife had unfortunately overstayed her student visa by 3 years from late 2019 to last month due to a misunderstanding that an eTA was a valid visa and thought that the expiry date was her valid date. As soon as we found out that this was not the case she voluntarily left Canada. We lived together for two years and we are planning on getting married in her home country and then applying for sponsorship. We understand that we will have to be honest and explain about her mistake with the application but I read that I cannot sponsor someone who is inadmissable. I was wondering if this would be the case with my partner as well or if we are honest and provide all the facts and reasoning behind the noncompliance if there is a chance of us getting approved for PR. Thank you..
 

armoured

VIP Member
Feb 1, 2015
17,140
8,792
I was wondering if this would be the case with my partner as well or if we are honest and provide all the facts and reasoning behind the noncompliance if there is a chance of us getting approved for PR. Thank you..
If you disclose all of the facts including overstay it should not get rejected on that basis. So proceed.
 
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ziglo

Newbie
Nov 12, 2022
3
0
If you disclose all of the facts including overstay it should not get rejected on that basis. So proceed.
Thank you for your response. Another question would be if I am able to stay with my partner outside of Canada after applying to wait for the PR. I was looking into a working holiday visa or would that be a bad idea.
 

scylla

VIP Member
Jun 8, 2010
95,798
22,077
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you for your response. Another question would be if I am able to stay with my partner outside of Canada after applying to wait for the PR. I was looking into a working holiday visa or would that be a bad idea.
If you are a Canadian citizen, this is fine. If you are a PR, then not possible.
 

armoured

VIP Member
Feb 1, 2015
17,140
8,792
Thank you for your response. Another question would be if I am able to stay with my partner outside of Canada after applying to wait for the PR. I was looking into a working holiday visa or would that be a bad idea.
Short form, if you are a citizen, yes, if you are a PR - not really (only for visits). If you're a citizen, you'll need to show intent to return. It's in the instructions.