Need help on past situation

[mwak]

Hello all,

Just wanted some advice on my dire situation.
Long story short..

I was a student and had been in Canada since 2004

I applied to transfer to a new program in a community college, but got the acceptance letter a little later than the 90 day period.
CIC sent me a refusal letter and asked me to leave Canada back to my home country (Pakistan)

My status expired April 2013.

During that time i got married to a Canadian citizen whom i had been dating for years.
I got married in May 2013

She decided to sponsor me. We filed an INLAND APPLICATION with lots of detail included as proof.
We applied in OCTOBER 2014 (a year and some change after status expiry) and received Acknowledgement of RECEIPT almost immediately.

A year goes by after applying , as i was unable to work, that put a lot of pressure on her and to be honest she had a breakdown. She decided to call it quits and asked me to move out. Basically, she left me at a point of no return. I won't go into details of her breakdown. Basically, we separated and i just got served
Seperation/divorce papaers. She withdrew her oath as my sponsor.

I left Canada on 9th December 2015 and have been in my home country since then.
I am readying to apply for Express Entry to Canada

My questions are,

1. Will my past situation be treated as "OVERSTAY" despite being married as i was thinking of reapplying as a student and finish my studies

2. When i left Canada, i did not report to CSBA for my departure. Will this be an issue?

3. how will my past situation affect my Express Entry application?


Please, i need some help here. Need some direction !!!

 

[kaddu747]

Sorry to hear about your past. There are a lot of ifs and but's in your case. I think consulting an immigration lawyer might be a better option to clarify the questions you have posted.

 

[mgnlky]

You should definitely consult an immigration lawyer.

 

[canuck_in_uk]

1. Will my past situation be treated as "OVERSTAY" despite being married as i was thinking of reapplying as a student and finish my studies

2. When i left Canada, i did not report to CSBA for my departure. Will this be an issue?

3. how will my past situation affect my Express Entry application?

Hi

1. Yes, you overstayed. The fact that you were married to a Canadian doesn't exempt you from having to maintain status.

2. No.

3. Provided you declare it completely and don't try to lie about anything, it will not negatively effect your PR app.

 

[dr feras]

Answers in bold

Hello all,

Just wanted some advice on my dire situation.
Long story short..

I was a student and had been in Canada since 2004

I applied to transfer to a new program in a community college, but got the acceptance letter a little later than the 90 day period.
CIC sent me a refusal letter and asked me to leave Canada back to my home country (Pakistan)

My status expired April 2013.

During that time i got married to a Canadian citizen whom i had been dating for years.
I got married in May 2013

She decided to sponsor me. We filed an INLAND APPLICATION with lots of detail included as proof.
We applied in OCTOBER 2014 (a year and some change after status expiry) and received Acknowledgement of RECEIPT almost immediately.

A year goes by after applying , as i was unable to work, that put a lot of pressure on her and to be honest she had a breakdown. She decided to call it quits and asked me to move out. Basically, she left me at a point of no return. I won't go into details of her breakdown. Basically, we separated and i just got served
Seperation/divorce papaers. She withdrew her oath as my sponsor.

I left Canada on 9th December 2015 and have been in my home country since then.
I am readying to apply for Express Entry to Canada

My questions are,

1. Will my past situation be treated as "OVERSTAY" despite being married as i was thinking of reapplying as a student and finish my studies
Yes

2. When i left Canada, i did not report to CSBA for my departure. Will this be an issue?
No. You have evidence of leaving in the form of passport stamps (exit/entry to pakistan etc...)

3. how will my past situation affect my Express Entry application?
Most likely not, as this is a PR application, so overstaying has no significance in this case.


Please, i need some help here. Need some direction !!!