about overstayed and sponsorship

[junho0811]

Hello.

I over-stayed in Canada 10 months after finished my student visa.

returned to my country without removal order in Jan 2014, was just tired of staying in canada at the moment.

I have a gf almost 3 years have been in relationship and we are planing to get married next year.

she holds a student visa not a citizenship or permanent residence right now (shes trying to settle down in canada after graduate uni next ear though)

is it able to re-enter to Canada if I get married with her by her sponsorship?

is it possible for me to re-enter to Canada as traveler? if not, how long do i need to wait untill solve this problem to enter?

please give me a good advice

thank you.

 

[Rob_TO]

What country are you from?

If you are married to an international student in Canada, you would be eligible for an open work permit. However that does not guarantee you would get a visa to Canada as you would still need to convince CIC that you would leave after your visa expires.

Same with applying for a TRV.

Due to your previous overstay, it will be more difficult for you next time to get a visa. You won't know what CIC's decision will be, until you actually try to apply.

 

[sammystorm19]

She won't be able to sponsor your if she isn't a Canadian Citizen or a permanent resident.

 

[Alurra71]

Hello.

I over-stayed in Canada 10 months after finished my student visa.

returned to my country without removal order in Jan 2014, was just tired of staying in canada at the moment.

I have a gf almost 3 years have been in relationship and we are planing to get married next year.

she holds a student visa not a citizenship or permanent residence right now (shes trying to settle down in canada after graduate uni next ear though)

is it able to re-enter to Canada if I get married with her by her sponsorship?

is it possible for me to re-enter to Canada as traveler? if not, how long do i need to wait untill solve this problem to enter?

please give me a good advice

thank you.

Unless your current g/f soon to be wife gains her own PR she can not sponsor you to move to Canada.

As Rob stated though, if she is a foreign worker/student, as her husband you would be eligible to apply for an OWP based on that marriage. Whether or not it is granted is anyone's guess.

I, however, disagree with Rob's assertions that your previous overstay may cause you issue. If CBSA/CIC were not aware you overstayed and there was no call on either of their parts for you to leave Canada, you resolved the issue on your own and they likely won't hold it against you. I can't say that with 100% certainty, but it is usually the way they handle it. There are always exceptions though, so plan accordingly.