Getting married in August. Overstayed Canadian welcome. Need help!!

[stopxcat]

I am from the UK, my fiancee is from Ontario. Last September I came to visit her whilst she was studying in Halifax, Nova Scotia. I have been here since and I have overstayed my visitor visa which was six months. I applied for a visitor extention and was denied because I didn't supply enough information. We are currently planning our wedding and want to get married and start a life in Nova Scotia.
I have a few concerns regarding our future spousal sponsorship application:
1. I have a drink driving conviction which happened about 4 1/2 years ago, I was banned from driving for a year and given a fine to pay (which has been payed).

2. On the visitor visa extention application form I stated I had no criminal conviction because we were desperate for the extention.

I am worried that when we do our spousal sponsorship, which we will complete truthfully, that the immigration department will cross examine the refused application for visitor extention with our spousal sponshorhip application and see that I lied about my conviction.

I am worried that I have overstayed my welcome here in Canada and I am going to go home before our wedding and come back with another six months. (I understand Canada doesn't stamp passports on exit.) On the spousal sponsorship I don't know wheter to claim that I overstayed my visit or not?

I also I have been working here in Canada. Helping support my fiancee through school. We rent a beautiful apartment together, we have two pets, we love one another very much and love being together. Our friends and family are very happy that we are getting married and hope we can make a life together here in Nova Scotia.

-I would like to know if Immigration Canada will understand our situation?
-I would appreciate some answers so much because I am simply in the dark here and I am so worried that things will not work the way we both want.
-I would love some advice on our situation, it would help so much.

Thank you friends.....

Shaun

 

[Halifax-Maple]

With regard to overstaying, the best option left for you is to exit Canada ASAP and then come back. Your over staying will NOT go into record unless you were arrested and caught. It may be easy to do so for UK citizen because you do not need visa to enter Canada. I recommend you apply outland. It is easier and faster. You still can visit and stay as long as they allow you in.

With regard to the Drink Drive, you have to check this yourself. Different countries are different when it comes to criminality charges.

Good luck

 

[iarblue]

Thats maybe why you were not given the second extension,they may have found the charge and you did not report it,and a visa refusal will show when they do the checks and so will the DUI.
You may or may not have shot yourself in the foot.Even though someplaces a DUI is a low based crime in Canada its not,its a criminal offence.

 

[charloux]

Halifax-maple,

My husband was asked to leave "immediately" last July (2009) after his application for a working visa was denied (because of a improper LMO). We were freaked out- quite obviously, and called Immigration Canada about when he should leave (what the time limit was). They gave us no solid answer- and the responses were, that if no date was given, it is somewhat of a "grey zone" when he should leave. He ended up leaving early October (almost 3 months later). We bought the ticket ourselves, and after that initial letter, we never heard another word about it his refusal/request to leave. His passport was not stamped on the way out, and he never received a departure card (we didn't know he had to have one).

In December 2009, we sent in a PR application (outland), and in it we stated that he did overstay his visa, why and for how long. I am guessing that is the only way that CIC knows that he had overstayed.

Do you know what the consequences may be?

 

[iarblue]

Charloux...... You will have to do an ARC application before they will approve anything.They will not process the application to the complete stage until the recieve the ARC app and approve it.
Section 6 of the OP1 manual will tell you everything you need to know about ARCs as it is way too much to paste here.

 

[iarblue]

Stopxcat here is some info on a DUI it says when you can apply after the term i copied this so it is examples of times too. It says 5 years from the time of the sentence so if you were charged in 2005 and lost your licence for one year that would be 2006 then you count 5 years from that date so you can apply for sponsorship in 2011.



Are you eligible to apply for rehabilitation?
You are eligible to apply for rehabilitation if you have:

•committed an act outside of Canada and five years have elapsed since the act;
•been convicted outside of Canada and five years have passed since the end of the sentence imposed. As there are different types of sentences, use the following table to calculate the five-year waiting period.
Type of Sentence Determining the Eligibility Date
Suspended Sentence Count five years from the date of sentencing.
Suspended Sentence with a fine Count five years from the date the fine was paid. In the case of varying payment dates, the rehabilitation period starts on the date of the last payment.
Imprisonment without Parole Count five years from the end of the term of imprisonment.
Imprisonment and Parole Count five years from the completion of parole.
Probation Probation is part of the sentence. Therefore, count five years from the end of the probation period.
Driving Prohibition * Count five years from the end date of the prohibition.

*You are prohibited by the Criminal Court from driving.

The following are three examples of how to calculate the five years waiting period:

Example 1: I was convicted of a crime on December 13, 2002, and received a jail sentence of three months. When will I be eligible to apply for rehabilitation?

You can apply for rehabilitation five years after the end of the sentence imposed. If your three-month jail sentence ended March 13, 2003, you are eligible to apply for rehabilitation on March 13, 2008, as long as no other terms were imposed on your sentence.

Example 2: On June 3, 2003, I was convicted of driving under the influence and had my driver’s licence taken away from me for three years. When am I eligible to apply for rehabilitation?

The sentence imposed ends on June 3, 2006. Count five years from the end date of the suspension or the date your driver’s licence is reinstated. You will be eligible to apply for rehabilitation on June 3, 2011.

Example 3: I have one conviction for which I was given three years of probation. Do I apply for rehabilitation after my probation is finished?

No. You are not eligible for rehabilitation until five years after the end of the sentence imposed. Since probation forms part of the imposed sentence, you can apply for rehabilitation five years after you complete your probation.