hi. my history in canada starts in 2008 when i went to visit my mother who has been there since 2007. she is aPR card holder. i overstayed my visa bc of an accident and the fact that my mother was going thru a divorce etc. i was sent back home in june 2012 ,given an exclusion order, payed for my return ticket, been always cooperative with cic, i have applied for ARC in december 2012 but it was refused. on june 3rd the one year ban period expired and i bought the plane ticket to winnipeg to visit my wife, who is a canadian citizen, we've been married since march 2011. i had all the documents prooving strong ties to my country with me, certificate of employment, return ticket, apartment bills, vehicle ownership, wife's bank statements with over $5000 in the account etc. i was found inadmissiblae bc they called my wife to confirm everything i told them and she mentioned that my father in law is building a house and i might help him with interior finishing (drywall flooring) they found that i'm a person who is in a need of money and that i'm going to wrok in canada and i was denied entry. it was not the purpose of my visit. i'm going to see my wife,i haven't seen her since january 2013. what should i do now? should i go to candaian embassy in poland and ask for a work permit or a temporary resident visa? or what's the best way to go in this case??
allowed to leave canada, officers delusions
- Thread starter martinhoski
- Start date
It's too bad your wife said these things on the phone to immigration. Based on what she said and the fact that you have a previous overstay on your record, it was pretty much a given that you were going to be refused entry.
To qualify to apply for a work permit, you must first find an employer in Canada who is willing to hire you. That employer must then obtain an approved Labour Market Opinion. As part of this process, the employer must prove that they advertised the job and were unable to find a Canadian to hire for the role. If the LMO is approved, you can then apply for a work permit.
You can apply for a TRV, but this still doesn't guarantee you entry into Canada. When you arrive, the officer must still be satisfied that you are coming to Canada purely as a tourist.
I think you're going to continue having problematic entries due to the long overstay which is still very recent. Why hasn't your wife applied to sponsor you as a permanent resident? She could have done this anytime since March 2011. I think this is the best way to go since once you have PR status, you'll be able to come and go as you please without the overstay being a problem at all.
To qualify to apply for a work permit, you must first find an employer in Canada who is willing to hire you. That employer must then obtain an approved Labour Market Opinion. As part of this process, the employer must prove that they advertised the job and were unable to find a Canadian to hire for the role. If the LMO is approved, you can then apply for a work permit.
You can apply for a TRV, but this still doesn't guarantee you entry into Canada. When you arrive, the officer must still be satisfied that you are coming to Canada purely as a tourist.
I think you're going to continue having problematic entries due to the long overstay which is still very recent. Why hasn't your wife applied to sponsor you as a permanent resident? She could have done this anytime since March 2011. I think this is the best way to go since once you have PR status, you'll be able to come and go as you please without the overstay being a problem at all.
we didn't apply for the sponsorship bc my wife is a university stundent and she works only during summer time. she gets her help from her parrents during the studying months. so she wouldn't qualify as a sponsor. i do not need or want to work in canda i have a lot of savings as well as my wife. i have a job in my country, got non-payable vacation time for three months (till september) bc it's a private business and wanted to use it to go and visit her. i was planning to apply for a sponsorship once i arrive. wanted to be sponsored by my father or mother in law bc they have good jobs etc. is there any kind of work permit for voluntary work? i just wanted to help my father in law from time to time..
Your mother in law and father in law can't sponsor you. This simply isn't possible.
Your wife has to be the one to sponsor you. There is no minimum income requirement to sponsor a spouse. So what I said before still stands, she could have sponsored you as soon as you married - even as a student making no money. There are a number of students on this forum who have successfully sponsored their spouses even though they have no income. Again, there is no minimum income requirement when sponsoring a spouse.
You won't be able to help your father in law until you have PR status. There is no work permit available that will allow you to work as a volunteer for your father in law. And you certainly won't qualify for an LMO and work permit under these circumstances.If you help him with the house while in Canada as a tourist - this will be classified as working which is illegal since you're only in Canada as a visitor. Given you already have the overstay and exclusion order on your record, don't complicate things further by helping you father in law illegally if you do manage to get here as a tourist.
Again, I think your best option is to have your wife sponsor you for PR as soon as possible.
Your wife has to be the one to sponsor you. There is no minimum income requirement to sponsor a spouse. So what I said before still stands, she could have sponsored you as soon as you married - even as a student making no money. There are a number of students on this forum who have successfully sponsored their spouses even though they have no income. Again, there is no minimum income requirement when sponsoring a spouse.
You won't be able to help your father in law until you have PR status. There is no work permit available that will allow you to work as a volunteer for your father in law. And you certainly won't qualify for an LMO and work permit under these circumstances.If you help him with the house while in Canada as a tourist - this will be classified as working which is illegal since you're only in Canada as a visitor. Given you already have the overstay and exclusion order on your record, don't complicate things further by helping you father in law illegally if you do manage to get here as a tourist.
Again, I think your best option is to have your wife sponsor you for PR as soon as possible.
okay i get that. i'm just terrified of the case processing times when applying for the sponsorship. i centairly won't be able to go there this year. and what about those new rules i.e. "You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person" does that apply to us since i've been in my country of origin bc of the exclusion order. my wife came to visit me for three weeks in december. what about that?
i also heard about that couple where one person overstayed been removed under exclusion order and they submitted a sponsorship app and after one year bar period that person traveled to canada and showed the paperwork prooving that they applied for the sponsorship and he wass allowed entry. can i do that? submit the app and once it gets approved i'll travel there? what do you thing about that?
i also heard about that couple where one person overstayed been removed under exclusion order and they submitted a sponsorship app and after one year bar period that person traveled to canada and showed the paperwork prooving that they applied for the sponsorship and he wass allowed entry. can i do that? submit the app and once it gets approved i'll travel there? what do you thing about that?
No - this statement doesn't apply to you. Not even remotely. Read it again carefully. Do you have another common law partner or conjugal partner other than your wife?martinhoski said:"You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person" does that apply to us since i've been in my country of origin bc of the exclusion order. my wife came to visit me for three weeks in december. what about that?
Regardless of what you do in terms of visiting Canada, your wife should submit the application to sponsor you ASAP. To be frank, you guys have put this off for far (far far) too long and you could have avoided most if not all of the problems you have encountered if you had followed the CIC process and submitted the application immediately after marrying. The longer you put this off, the more challenges you create for yourselves. Get the paperwork in. Use the outland / outside of Canada process.
You could very well have PR in less than a year. The posted processing time for outland are how long it took CIC to complete 80% of applications - it's not an average. This means most people get through sooner and some get through much sooner. The processing time for the US was 10 or 11 months when I sponsored by husband. He was done in 4 month.
Yes - it's certainly possible that you may be allowed into Canada if you can provide proof the outland application has been submitted. It's also possible you could be refused entry. Having a submitted application helps but is by no means a guarantee.
one more question here. what do i do in case when back in 2007 i was convicted of illegal drug posession in very small amount (marihuana) and bc it was such a ptty crime and it was 5 years ago, it doesn't show on my criminal record. i have a criminal record check in my hands and it shows as clean. how do i explain that in the background check form??