Re-entering Canada after overstay

[agentiowa]

Last January, I entered Canada as a visitor from the US to stay with my fiance. When I entered, I was under the impression that I was allowed to visit for one year, but a little over 6 months in, I realized that I'm only allowed 6 months and I had overstayed. I applied for a restoration of status (visitor record) but after months of waiting, decided that I would go the "border hopping" route, return to the US for a few weeks and then attempt to re-enter Canada in order to reset my status. The plan was that when I returned, my fiance and I would get married and we could start an inland spousal PR sponsorship. However, a couple days after buying my ticket (for a month and a half from now), I received a response that my visitor record was refused and that I'm required to leave Canada immediately.

I have a few questions regarding this:
1) Will action be taken against me if I don't leave before my scheduled flight, or is it enough that I have a plane ticket saying I do intend to leave voluntarily?
2) If I were to attempt to re-enter Canada after a few weeks in the states, how likely is it that I would be let back in? What if I had a return ticket proving that I was only returning to Canada for a short visit?
3) If we were to get married before I leave and start an outland PR application while I'm in the states, would that improve my chances of being let back in to Canada after a short stay in the states, or would it only look suspicious?

 

[k.h.p.]

You need to leave now. Waiting a month and a half may get you deported.

You are now flagged in the system and will likely face extended screening every time you try to come back. Staying away a few weeks may not be sufficient to reestablish ties in the US. Overstaying even longer will make that worse.

 

[canuck_in_uk]

Last January, I entered Canada as a visitor from the US to stay with my fiance. When I entered, I was under the impression that I was allowed to visit for one year, but a little over 6 months in, I realized that I'm only allowed 6 months and I had overstayed. I applied for a restoration of status (visitor record) but after months of waiting, decided that I would go the "border hopping" route, return to the US for a few weeks and then attempt to re-enter Canada in order to reset my status. The plan was that when I returned, my fiance and I would get married and we could start an inland spousal PR sponsorship. However, a couple days after buying my ticket (for a month and a half from now), I received a response that my visitor record was refused and that I'm required to leave Canada immediately.

I have a few questions regarding this:
1) Will action be taken against me if I don't leave before my scheduled flight, or is it enough that I have a plane ticket saying I do intend to leave voluntarily?
2) If I were to attempt to re-enter Canada after a few weeks in the states, how likely is it that I would be let back in? What if I had a return ticket proving that I was only returning to Canada for a short visit?
3) If we were to get married before I leave and start an outland PR application while I'm in the states, would that improve my chances of being let back in to Canada after a short stay in the states, or would it only look suspicious?

1. You have been in Canada illegally since July. You should leave ASAP. There is very little chance of any immigration action being taken against you in the next month and a half but the longer you stay here illegally, the worse it look for any future entries/apps.

2. With a 6 month overstay, you really shouldn't attempt to re-enter anytime soon. You should remain in the US for at least several months an re-establish ties there.

3. An outland app doesn't change the fact that you have been in Canada illegally for 6 months.

 

[Jets13]

Last January, I entered Canada as a visitor from the US to stay with my fiance. When I entered, I was under the impression that I was allowed to visit for one year, but a little over 6 months in, I realized that I'm only allowed 6 months and I had overstayed. I applied for a restoration of status (visitor record) but after months of waiting, decided that I would go the "border hopping" route, return to the US for a few weeks and then attempt to re-enter Canada in order to reset my status. The plan was that when I returned, my fiance and I would get married and we could start an inland spousal PR sponsorship. However, a couple days after buying my ticket (for a month and a half from now), I received a response that my visitor record was refused and that I'm required to leave Canada immediately.

I have a few questions regarding this:
1) Will action be taken against me if I don't leave before my scheduled flight, or is it enough that I have a plane ticket saying I do intend to leave voluntarily?
2) If I were to attempt to re-enter Canada after a few weeks in the states, how likely is it that I would be let back in? What if I had a return ticket proving that I was only returning to Canada for a short visit?
3) If we were to get married before I leave and start an outland PR application while I'm in the states, would that improve my chances of being let back in to Canada after a short stay in the states, or would it only look suspicious?

Didn't you have the same issue in 2016 when you came to "visit" (you quoted it) your then boyfriend and at that time you knew about the 6 month stay? You knew about the 6 month stay but "decided to stay as long as you could"
https://www.canadavisa.com/canada-immigration-discussion-board/threads/how-long-before-i-can-re-enter-canada.399436/#post-4996139

https://www.canadavisa.com/canada-immigration-discussion-board/threads/visit-extension-past-processing-time-urgent.393954/

 

[Copingwithlife]

Last January, I entered Canada as a visitor from the US to stay with my fiance. When I entered, I was under the impression that I was allowed to visit for one year, but a little over 6 months in, I realized that I'm only allowed 6 months and I had overstayed. I applied for a restoration of status (visitor record) but after months of waiting, decided that I would go the "border hopping" route, return to the US for a few weeks and then attempt to re-enter Canada in order to reset my status. The plan was that when I returned, my fiance and I would get married and we could start an inland spousal PR sponsorship. However, a couple days after buying my ticket (for a month and a half from now), I received a response that my visitor record was refused and that I'm required to leave Canada immediately.

I have a few questions regarding this:
1) Will action be taken against me if I don't leave before my scheduled flight, or is it enough that I have a plane ticket saying I do intend to leave voluntarily?
2) If I were to attempt to re-enter Canada after a few weeks in the states, how likely is it that I would be let back in? What if I had a return ticket proving that I was only returning to Canada for a short visit?
3) If we were to get married before I leave and start an outland PR application while I'm in the states, would that improve my chances of being let back in to Canada after a short stay in the states, or would it only look suspicious?

And your history of staying in Canada, basically living here, when you're not allowed is the system.
You knew about the six month limit, but now feigning ignorance.
And correct me, it's not " Please leave ", you no longer have status in the country , it's leave immediately

 

[Coconutmom]

Hi. I need an advice re out of status. My brother came here as a tourist 2019.

- A month before his tourist visa expired (jan 2020), an employer hired him.
- a day before his trv expired, he was able to apply for a work permit outside canada. Making us think since he changed his condition, he is automatically on implied or maintained status.
- the province nominated him for AIPP program. Which had a deadline to submit on July 2020. He was able to do so.
- april 2020, he received a notice that due to COVID 19 all processing of documents (work permit) are on hold. Hence his passport was returned.
- after 15mos os waiting last april 2021, his passport was asked because he was approved for work visa. Together with a point of entry letter stating he is authorize to work in canada. All he needed to do was apply for a work permit.
- since all borders are closed, he applied online and was advised to wait for 8weeks. Until now no work permit was issued. Follow ups were also made but due to covid backlogs and Afghanistan circumstance, no available information was available re the work permit whereabouts.
- last oct 2021 his PR was refused for the reason that he was OUT OF STATUS. In this same week, his employer was already following up on when he could work. So we asked the employer if he could follow through cic.
- a week later after the refusal. The employer gave an update that he is out of status as he was advised to restore his status last aug 13, 2020 (and a deadline of aug 31,2020) but he never did. My brother NEVER received that email request. Only after about 15-20minutes of receiving the email update from the employer. In short, CIC failed to send the Aug 13 request to restore but hd just sent it on oct 21 after the employer followed up! The request to restore came in more than 2 months late. Had he received it on time, he could have restored before aug 31.
- we made an appeal for the PR stating the said reasons (no reply yet)
- we made a call to IRCC to let them know re the late email BUT they were firm that he was out of status. No explanation of the late email.

so to date, it has been almost 3weeks since he found out that he is out of status and wants to clean his records because there was NO INTENT to OVERSTAY.

- we asked ircc re the existing and valid (until april 2022) multiple entry WORK VISA that he still has. And we asked if he can go back after exiting Canada. They did not answer straight if the work visa is valid or not but it was never cancelled. The job offer is still standing and employer still wants him because he is an essential healthcare worker. The only advice IRCC made was to prepare an explanation letter just in case the border person upon his arrival(after exiting canada) will be asked. But no guarantee if he will be let in. But they said to bring the proper work documents when he comes back. So again no promises.

- so we are decided he is going home. We are just waiting for the extension of his passport (that will arrive in 2weeks). Hopefully no DEPARTURE ORDER by then.

My questions are:
1. Is his standing and valid work visa really valid? Will we repeat the procedure of applying for a new employment number or work permit?
2. How soon can he come back after exiting Canada? Is it recommended to cool down for a bit? He has until April of 2022 to come back that is if his work visa is not cancelled.
3. Will this incident of (honest mistake and failure of IRCC to send email on time) affect his PR papers if he will be able to go back here in Canada?
4. Should we talk to an immigration lawyer?

My brothers ordeal on his papers basically got mixed up because of covid 19, negligence of IRCC but they wont give extension for him to restore.
Please help!

 

[scylla]

Hi. I need an advice re out of status. My brother came here as a tourist 2019.

- A month before his tourist visa expired (jan 2020), an employer hired him.
- a day before his trv expired, he was able to apply for a work permit outside canada. Making us think since he changed his condition, he is automatically on implied or maintained status.
- the province nominated him for AIPP program. Which had a deadline to submit on July 2020. He was able to do so.
- april 2020, he received a notice that due to COVID 19 all processing of documents (work permit) are on hold. Hence his passport was returned.
- after 15mos os waiting last april 2021, his passport was asked because he was approved for work visa. Together with a point of entry letter stating he is authorize to work in canada. All he needed to do was apply for a work permit.
- since all borders are closed, he applied online and was advised to wait for 8weeks. Until now no work permit was issued. Follow ups were also made but due to covid backlogs and Afghanistan circumstance, no available information was available re the work permit whereabouts.
- last oct 2021 his PR was refused for the reason that he was OUT OF STATUS. In this same week, his employer was already following up on when he could work. So we asked the employer if he could follow through cic.
- a week later after the refusal. The employer gave an update that he is out of status as he was advised to restore his status last aug 13, 2020 (and a deadline of aug 31,2020) but he never did. My brother NEVER received that email request. Only after about 15-20minutes of receiving the email update from the employer. In short, CIC failed to send the Aug 13 request to restore but hd just sent it on oct 21 after the employer followed up! The request to restore came in more than 2 months late. Had he received it on time, he could have restored before aug 31.
- we made an appeal for the PR stating the said reasons (no reply yet)
- we made a call to IRCC to let them know re the late email BUT they were firm that he was out of status. No explanation of the late email.

so to date, it has been almost 3weeks since he found out that he is out of status and wants to clean his records because there was NO INTENT to OVERSTAY.

- we asked ircc re the existing and valid (until april 2022) multiple entry WORK VISA that he still has. And we asked if he can go back after exiting Canada. They did not answer straight if the work visa is valid or not but it was never cancelled. The job offer is still standing and employer still wants him because he is an essential healthcare worker. The only advice IRCC made was to prepare an explanation letter just in case the border person upon his arrival(after exiting canada) will be asked. But no guarantee if he will be let in. But they said to bring the proper work documents when he comes back. So again no promises.

- so we are decided he is going home. We are just waiting for the extension of his passport (that will arrive in 2weeks). Hopefully no DEPARTURE ORDER by then.

My questions are:
1. Is his standing and valid work visa really valid? Will we repeat the procedure of applying for a new employment number or work permit?
2. How soon can he come back after exiting Canada? Is it recommended to cool down for a bit? He has until April of 2022 to come back that is if his work visa is not cancelled.
3. Will this incident of (honest mistake and failure of IRCC to send email on time) affect his PR papers if he will be able to go back here in Canada?
4. Should we talk to an immigration lawyer?

My brothers ordeal on his papers basically got mixed up because of covid 19, negligence of IRCC but they wont give extension for him to restore.
Please help!

1. It should still be valid provided he's going to work for the same employer and in the same job. However that doesn't mean the work permit will be easy to activate once he returns. He should expect to be sent to secondary and should expect questioning. He should come prepared with letters from his employer with current dates stating that a job is waiting for him and available. CBSA may also have concerns with the overstay and could refuse to issue the work permit. It's very hard to say how things will roll when he returns.
2. Ideally he would remain outside of Canada for a year before trying to return given the length of his overstay. He was in Canada for a long time without status. He should leave as soon as his passport is renewed. It's hard for me to say when he should return. On the one hand, it would be good to wait as long as possible given the length of his overstay. On the other hand, the fact his visa expires on April 22nd places a limit on things.
3. He was correctly refused and in my opinion the appeal has a low chance of succeeding. It was up to him to maintain valid status in Canada and to understand the rules for doing so. Applying for the work permit never gave him implied status (as you now know). Again, it was up to him to understand the rules and take appropriate actions. I assume you've engaged a lawyer for the appeal. If not, strongly recommend you do so. Based on what you've written, there were no errors in IRCC's processes or decisions. The errors were all on your brother's side. While they were mistakes, he is still responsible for them and the consequences.
4. If you're not already working with a lawyer for the appeal, hire one. You have a very weak case.