Can I re-enter Canada as a visitor after overstay?

[Shen]

Hello, I would appreciate some advice on my case.

A couple years ago, I went to Toronto, ON on a working visa from South America. It was an amazing experience, everything went great during that year. However, my working visa lasted only 1 year, and I was so in love with the country that I wanted to stay. I decided to apply for an extension, and my employer agreed to fill out a LMO for me. After about 2 or 3 months, my application was refused, and I was given 90 days to re apply or leave the country voluntarily.
In all this time, I began a relationship with my still wonderful girlfriend, and due to lack of funds and other personal problems, I had to overstay for about 4 almost 5 months before I could leave.

I returned to my country, and she came along with me, but had to return to Canada for pretty much similar reasons to mine. We are so in love, and decided that we want to marry, so we can both finally live together without this horrendous periods being apart.

Now the thing is, I intend to return to Canada as a visitor, so we can marry and do all the process. I don't know if I'll be denied a visitor visa since I overstayed in the past. My passport was not stamped on departure from Canada, but it was stamped on arrival to my country. Also, when my extension application was refused, it said that I had 90 days to leave or re-apply. I didn't leave in the specified time, but I was never contacted again after this regarding this matter, so I'm assuming I was never given an order of removal and I left the country voluntarily after I overstayed.

What are the chances of me being able to obtain a visitors visa and successfully enter Canada? Would it be a good idea to get a new passport with no evidence of my arrival date to my country? What can I exactly do to visit Canada?

If it's of any help, it's been around 9 months since I left Canada.

A ton of thanks in advance for your hel!. Sorry if my english is not perfect, another reason to return to wonderful Canada!

 

[CanV]

Your English is fine, better than alot of people who come to Canada anyways.

So I am assuming you are a passport holder of a country whose citizens do not require visa to visit Canada. The order you were given to leave Canada will be in CBSA's system, and when attempt to enter you will probably be asked when you left Canada after you were given that notice. You don't want to lie about that. It is likely that will be found inadmissible to enter Canada at the port of entry due to the over stay. Therefore, it may be best if you contact the closest visa office to you and explain your situation. They may advise that you will require a visitor visa to enter Canada.

 

[Shen]

Thanks for the answer!

My country does need a visa to enter Canada for any reason, not just work or study. The only visa office here is at the Canadian embassy. People working there are actually not Canadian, and don't have a really good attitude. I have the feeling that if I ask them for advice they would most likely not give me accurate information considering my fault, and I have tried to talk to them numerous times in the past for different reasons and they never had a clue about anything, they barely even speak english so is not a trustworthy source for me, that's just how things are in my country, not reliable at all.

In order to travel to Canada as a visitor, I have to ask for a visa in my country, and I'm guessing it's likely to be denied because of my overstay, but how long does this last? I don't think I'm banned for life. If I'm granted a visa, could they still sent me back once I arrive Canada?

 

[NBaker]

So you were issued a removal order - an exclusion order for overstay or sent a letter saying you are to leave Canada? More likely the latter from CIC in which case you could apply for a visa, but should bear in mind that your previous immigration history is not the best and a visitor visa is more likely to be refused than granted in the circumstances.

If you do marry or meet common-law requirements your wife/partner could submit a sponsorship and you an application for PR. Again, even with the PR application considering your immigration history, a visitor visa may not be a likelihood, so you would need to be approved for PR.

If all criteria is met for PR you could be approved for that and be allowed to return to Canada with no further difficulty.

 

[Shen]

Thanks for another answer!

From my understanding, I was not given a removal order. The letter said I had 90 to re apply or leave voluntarily and I was never contacted again.

What can I do to get a visitors visa? I assume I'm not banned for life, so at some point they should give me permission to enter Canada, I'm really lost in all this...

 

[user828]

When you will apply for Visitor Visa, there is a section on "Did you live in any country for more than 6 months in the past 5 years", with a FROM and TO date, so you will write the date you entered and left Canada. The left date will be more than your allowed time in the country, they might or might not notice it

In addition, the entry stamp on your passport of your home country doesn't tell where you came from? it could be from another country and for frequent travelers, the stamps can be a puzzle for anyone to read. I am now a Canadian Citizen but in my previous Indian passports, I had stamp upon a stamp and some even fade or hard to read

You were not given any removal order, simply asked to leave or extend and that's standard, in addition to having no EXIT stamp ( Unlike in US, they gave everyone an I-94 card form and said to drop this at the airport when you leave so that way they could match your entry and exit but everyone doesn't do it or the little card is lost, me andm y father have visited US over 14 times in past 25 years and never surrendered the I-94. Canada doesn't even have that system in place unless you go between US and Canada ( they have or will have a system [ as I read recently ] where immigration records will be shared. Simply apply for the visa and go from there, no one will be able to give you a definite answer

 

[Shen]

Thanks a lot for your answer, that clears out things a lot.

Now, if my visa was approved, are there any possibilities that they would still deny me entry once I arrive to the airport? Even with a valid visa?

 

[user828]

Thanks a lot for your answer, that clears out things a lot.

Now, if my visa was approved, are there any possibilities that they would still deny me entry once I arrive to the airport? Even with a valid visa?

I actually don't know but I wonder what CBSA would see, that CIC wouldn't have seen when you apply for visit visa - in addition to having the passport for more time in their possession

 

[Shen]

Thanks again for your answer. I think if my visa was approved I would just have to take the risk, is just I've heard that they can still make you go back at the point of entry even if your visa was approved, if they're not convinced with your story, and that would be a huge money loss.

So I was taking a look at the application, and there is no option to explain why I overstayed. I would have to state all the time I spent in Canada, and they would deduct that I overstayed, but then, they would have no explanation for that, and would probably deny me the visa, so I would have to do all over again, lose the money and find a way to explain. Is there any way to do that in advance? I'm sorry I ask so much, but the people at the embassy here have never given me a certain answer, and don't seem to care much whenever I call.

 

[Shen]

Please, I need some guidance

 

[Pippin]

I am not looking at a copy of your visa application, but are you quite sure there is no space to provide details if you answered YES to any questions in that block? If you choose, you can attach a cover letter giving your explanation.

 

[Shen]

Hi, I haven't resolved this problem yet.

I want to apply for a visitor visa soon. Should I state that I overstayed? What valid reasons should I give them for this? Should I also state that I'm visiting my partner when getting an invitation letter from her? Would it be a good idea to say that I lost my passport and just get a new one with no records and don't state I overstayed?

Please help

 

[iktheone]

Hi Shen did u finally apply for the visa? Did u get into Canada?

 

[amazona85]

my moms friend overstayed for a year but now shes in philippines already. and she have pending parents sponsorship here in canada. is there a chance for her to still enter canada? pls help. thanks

 

[scylla]

my moms friend overstayed for a year but now shes in philippines already. and she have pending parents sponsorship here in canada. is there a chance for her to still enter canada? pls help. thanks

Yes - once the PR visa is approved, she will have no issues entering Canada.