Overstayed my tourist visa by a year pleas HELP

[SILKEN]

If he's from a non visa exempt country (i.e. if he needs a visa to visit Canada), then I don't think there is any chance he will be approved for a student or work visa. To be approved for either of these, you must prove that you have strong ties to your home country and won't abuse your visa priviledges (i.e. will return home at the end of your trip). He has severely abused his visa priviledges and for this reason it's very unlikely Canada will issue him another one.

If he wants to return to Canada and be here legally, his only hope is to leave and then apply to immigrate.

Just a question in regards to the above post....if you come for a visit and stay longer than you should, and canada has no exit controls and the cross border sharing between the states and canada has not been fully implemented yet, how do they know how long you stayed and second question, coming through the border the last time (October of 2014 thanksgiving weekend coming from the states to canada) border patrol didnt even ask or look at my passport or id so how am i to prove now when i came in. ( i was a passenger)

thanks SR

 

[iktheone]

If he's from a non visa exempt country (i.e. if he needs a visa to visit Canada), then I don't think there is any chance he will be approved for a student or work visa. To be approved for either of these, you must prove that you have strong ties to your home country and won't abuse your visa priviledges (i.e. will return home at the end of your trip). He has severely abused his visa priviledges and for this reason it's very unlikely Canada will issue him another one.

If he wants to return to Canada and be here legally, his only hope is to leave and then apply to immigrate.

Hi scylla, thank you so much for replying. Im really sorry i didn't see ur reply until today. My brother-in-law has been trying to apply for PR since a long time using various lawyers but failed each time. Please let me know if there is any way he can get a legal status or is it too late to do anything? He is still living in Canada but he is only having a small job. To get a good job he needs legal status. Please help.

 

[computergeek]

Hi scylla, thank you so much for replying. Im really sorry i didn't see ur reply until today. My brother-in-law has been trying to apply for PR since a long time using various lawyers but failed each time. Please let me know if there is any way he can get a legal status or is it too late to do anything? He is still living in Canada but he is only having a small job. To get a good job he needs legal status. Please help.

So he's in Canada and working illegally? It is not surprised he has been unable to obtain PR - his behaviour shows contempt for Canadian law.

I don't know the specific circumstances of the prior refusals, but unless he has a spouse/partner sponsorship, it seems unlikely he is going to obtain PR.

 

[iktheone]

So he's in Canada and working illegally? It is not surprised he has been unable to obtain PR - his behaviour shows contempt for Canadian law.

I don't know the specific circumstances of the prior refusals, but unless he has a spouse/partner sponsorship, it seems unlikely he is going to obtain PR.

Hi scylla, he went on a 1 yr student visa in 2010. He even had internship after completing his degree but he didn't bother about it and took up some gas station job and forogot to apply for a post graduate work permit. Later from 2012 onwards he realized his mistake and started applying for student visa, work permit and PR but none of the things worked for him. So now is getting married to a Canadian the only solution? Or can he go back to his home country and apply for a PR? Or does he have to apply for some wavier?

 

[computergeek]

Hi scylla, he went on a 1 yr student visa in 2010. He even had internship after completing his degree but he didn't bother about it and took up some gas station job and forogot to apply for a post graduate work permit. Later from 2012 onwards he realized his mistake and started applying for student visa, work permit and PR but none of the things worked for him. So now is getting married to a Canadian the only solution? Or can he go back to his home country and apply for a PR? Or does he have to apply for some wavier?

He should speak with an experienced immigration attorney, but it sure seems like it will be very difficult for him to successfully immigrate to Canada.

 

[scylla]

Hi scylla, thank you so much for replying. Im really sorry i didn't see ur reply until today. My brother-in-law has been trying to apply for PR since a long time using various lawyers but failed each time. Please let me know if there is any way he can get a legal status or is it too late to do anything? He is still living in Canada but he is only having a small job. To get a good job he needs legal status. Please help.

He can't legalize his status from within Canada. It's far too late and impossible at this point. If he wants to try to legalize his status in Canada, he needs to start by leaving the country and returning home.

 

[iktheone]

He can't legalize his status from within Canada. It's far too late and impossible at this point. If he wants to try to legalize his status in Canada, he needs to start by leaving the country and returning home.

Hi scylla, he is ready to leave Canada. What is the process of getting a legalized status for him? After returning to his home county does he have to apply for a "Authorization to Return to Canada" (ARC) and then apply for Federal Skilled Worker or any other PNP. Or can he directly apply for FSW or PNP?

 

[computergeek]

Hi scylla, he is ready to leave Canada. What is the process of getting a legalized status for him? After returning to his home county does he have to apply for a "Authorization to Return to Canada" (ARC) and then apply for Federal Skilled Worker or any other PNP. Or can he directly apply for FSW or PNP?

If he doesn't have a removal order against him, then when he leaves the overstay is resolved. He can then apply for PR from outside Canada (any program for which he qualifies).

 

[Johnny31]

Hi guys, my brother in law whose student visa expired has overstayed since 2011. Till now he did not get any intimation from Canada Immigration to leave the country. Is it possible that he leaves Canada and comes back to his home country and then apply for a Student Visa or Work Permit and go back or will he be banned for life?

Where is your brother in law from ?

 

[iktheone]

If he doesn't have a removal order against him, then when he leaves the overstay is resolved. He can then apply for PR from outside Canada (any program for which he qualifies).

Hi scylla r u 100% sure he wont be banned from re-entering the country once he leaves n tries to come back with legal status?

 

[iktheone]

Where is your brother in law from ?

Hi johnny he is from India.

 

[scylla]

Hi scylla r u 100% sure he wont be banned from re-entering the country once he leaves n tries to come back with legal status?

Computergeek is correct. He will not be banned.

Having said that, I think he will have zero chance of ever being approved for a temporary visa to Canada ever again due to his overstay (i.e. he can forget about a work permit, study permit, visitor visa). So focusing on applying to immigrate is the right way to go.

 

[iktheone]

Computergeek is correct. He will not be banned.

Having said that, I think he will have zero chance of ever being approved for a temporary visa to Canada ever again due to his overstay (i.e. he can forget about a work permit, study permit, visitor visa). So focusing on applying to immigrate is the right way to go.

Thanx a lot scylla. Really appreciate ur help.

 

[Jara 1986]

Hello,

I have an enquiry regarding arrival to Canada, which I plan using the program Young Professional during the next year.

I have been to Canada by the means of Working Holiday program and I had the Visa and Work Permit let’s say till 30 th July 2012 and I wanted them to be extended a month longer till 30 th August 2012. The officer at the airport was willing to extend it, everything was all right.
Although the next day I found out that he has actually not extended the Visa because the stamp stated the date 30/07/2012. Most probably he has set the figures on the stamp wrongly and that made a wrong date.
When I was leaving Canada, they checked only the photo in my passport and that was it. Now I have a new passport.

They most probably have everything as it should be in the computer system, but I am a bit worried not to be sent back home at the airport in Canada.
Could you tell me, or advise me where I could find out whether it is all right or not?

I thank you for your reply in advance.

Best regards.
J. Petrucha

 

[iktheone]

Computergeek is correct. He will not be banned.

Having said that, I think he will have zero chance of ever being approved for a temporary visa to Canada ever again due to his overstay (i.e. he can forget about a work permit, study permit, visitor visa). So focusing on applying to immigrate is the right way to go.

Hi scylla, sorry to resurrect this thread again. This is regarding my brother-in-law who came to Canada in 2009 on student visa. He did a 1 year course and got a 1 year PGWP visa and had legal status till 2011. He was working for a gas station from 2010 and is still working (illegally). He tried to extend his PGWP visa through a new immigration lawyers who wrongly advised that we can extend PGWP but it wasn't the case. He applied for PGWP extension 3 times and got rejected all 3 times and now he overstayed from 2011-2015. Now like we discussed earlier he want's to go back to India and apply for PR. Does he have to apply for ARC and then apply for FSW 2015 (Express Entry) or CEC (since he has Canadian work experience)? Does he need to apply for ARC at all?

Also you had told that getting a spousal sponsorship from a Canadian Citizen or PR would be the only easy way for him to get a legal status. Lets say he found his soulmate who is a Canadian Citizen or a PR holder, what are the chances for him to get a legal status? Does he still need to apply for ARC then? Also he has realized his mistake. He trusted the lawyers who took money and got cheated. And all he wants is to get legal status legally. He is 28 yrs old and he genuinely wants to get married to a Citizen or a PR...not just for the legal status. Obviously most PR holders here are backing off since he doesn't have legal status. So only if a Canadian Citizen genuinely likes him and decides to help him out this is going to be possible. Is there any other way he can legalize his status or is it over for him.

Thanks in advance.