Please help im so confused/scared

[hellothereme]

I got married in Canada to my husband, we tried to work on our marriage but it failed, he was going to sponsor me. In the end we both met other people and decided we didn't love each other. Therefore we didn't proceed with the sponsorship application.

My visit visa expired and I was unaware as the mail was sent to his address not where I was staying so I had to check online, I overstayed by 4 months due to lack of funds for departure and just being unaware, so I emailed cic to find out what was going on, when I found out I overstayed I left imminently, they said I should leave imminently before being issued an order to leave. My question is that if I want to return to Canada to see my friends and new partner will the person at POE know of the marriage?! We are going to apply to divorce amicably, so when I do return I wont be married.

I can prove that I will only be visiting with ties to my own country as I'd have my return ticket, letters from my employer and school and my bank details from the UK.

I'm worried if I say I'm back to visit my partner they're going to think I want to live there since I was with my ex for 4 years (2.5 years in Canada) and again I have a LDR with someone from Canada..

(I will be outside of Canada for 1yr and 3 months before returning)

 

[shannon388]

>My question is that if I want to return to Canada to see my friends and new partner will the person at POE know of the marriage?!
-- yes, since it likely you indicated your Married status in your previous visa application

>I'm worried if I say I'm back to visit my partner they're going to think I want to live there since I was with my ex for 4 years (2.5 years in Canada) and again I have a LDR with someone from Canada..
-- if you can bring the divorce papers, that might help

In my opinion your biggest issue is you have overstayed, so chances are your next visit might be affected.

 

[hellothereme]

>My question is that if I want to return to Canada to see my friends and new partner will the person at POE know of the marriage?!
-- yes, since it likely you indicated your Married status in your previous visa application

>I'm worried if I say I'm back to visit my partner they're going to think I want to live there since I was with my ex for 4 years (2.5 years in Canada) and again I have a LDR with someone from Canada..
-- if you can bring the divorce papers, that might help

In my opinion your biggest issue is you have overstayed, so chances are your next visit might be affected.

I believe we only sent the marriage certificate that said the days we were getting married, I sent the visa application before we were married, we never even attempted to complete the sponsorship forms since we both ended up with different people.. I want them to know I didn't marry just for PR or else I would have just went through with it and then divorced, not voluntarily left as soon as i found out about my overstay.

Do you think I would be allowed back? Even with evidence of strong ties to my country, plus having stayed out for over 1yr?

 

[shannon388]

I think with the divorce papers, and never having started PR application, there would be little suspicion on this side.

1 year is not that long a time. Strong ties to home country can help your case, but an overstay (especially due to your unawareness instead of external factors outside your control) with a removal order is still a huge issue with Canada.

I am unable to give more advice w/o further details about the removal order (a more senior member is welcome) -- I think even in the best cases, the officers might have some discretion here.

 

[hellothereme]

I think with the divorce papers, and neve having started PR application, there would be little suspicion on this side.

1 year is not that long a time. Strong ties to home country can help your case, but an overstay (especially due to your unawareness instead of external factors outside your control) with a removal order is still a huge issue with Canada.

I am unable to give more advice w/o further details about the removal order (a more senior member is welcome) -- I think even in the best cases, the officers might have some discretion here.

I assume they'd be aware I actually married a Canadian, I wanted to leave him, he wanted to leave me, our relationship was genuine for 4 years but things happened, I'll bring my divorce papers however and tell them what I said here. So, this marriage won't effect me trying to return since we never started PR?

I would be able to provide a letter from my boss, show that I'm in education, that I have my bank accounts and am living with my family. I can also provide the return ticket home. I didn't get the visa in the mail, the other 2 times it has always come! I have those with me, so I assumed it was taking a little longer since I'd applied for 2 visas, only when I received the email I was stunned.

I never received a removal order the email they sent me stated that if the 90 days have passed I must make arrangements to leave Canada immediately. I did, 11 days after the email as I was arranging flights in that time. Like i said I can prove the timeline of these events.

 

[Alurra71]

Your previous marriage will not be held against you. They will not assume you only did it for PR since you never filed the application. Your previous overstay was overcome the moment you left Canada on your own. You have been outside Canada for well over a year now. Apply for your ETA, be sure you have your proofs (your job statement, your return ticket, proof of funds, etc etc) and I believe you will be absolutely fine to visit Canada without issue.

 

[hellothereme]

Your previous marriage will not be held against you. They will not assume you only did it for PR since you never filed the application. Your previous overstay was overcome the moment you left Canada on your own. You have been outside Canada for well over a year now. Apply for your ETA, be sure you have your proofs (your job statement, your return ticket, proof of funds, etc etc) and I believe you will be absolutely fine to visit Canada without issue.

Thank you! I hope that this will be the case because I can't stop worrying about returning and all I want to do is return since I miss my friends and my boyfriend.. How do you know It's overcome?

 

[Alurra71]

Thank you! I hope that this will be the case because I can't stop worrying about returning and all I want to do is return since I miss my friends and my boyfriend.. How do you know It's overcome?

You simply overstayed your 'visa'. You were 'out of status'. You left the country and by doing so, you reset your status. You've been gone from Canada for more than 6 months (which btw, is the recommended amount of time CBSA says to ensure no issues returning) Since you didn't receive a deportation order you were not required to stop and see CBSA on your way out to show them you were leaving. As long as you have no criminality issues, I don't see any reason why you shouldn't be able to safely return for a visit.

 

[hellothereme]

You simply overstayed your 'visa'. You were 'out of status'. You left the country and by doing so, you reset your status. You've been gone from Canada for more than 6 months (which btw, is the recommended amount of time CBSA says to ensure no issues returning) Since you didn't receive a deportation order you were not required to stop and see CBSA on your way out to show them you were leaving. As long as you have no criminality issues, I don't see any reason why you shouldn't be able to safely return for a visit.

I didn't think it reset unless you left before your visa expired, they're still going to question me no? They for sure must know I overstayed, especially since I emailed them asking them about my visa application nope i didn't even get the order to leave, i left 11 days after i realized i stayed over. I have no criminal record.