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lamylm

Newbie
Oct 16, 2013
3
0
My husband overstayed his visitor visa but has now gone back to the UK due to needing his passport renewed. He was not deported nor was he asked to leave, if he gets a flight back to Canada, will he be allowed to enter into Canada? We were legally married in Canada & our daughter was born in Canada. We would prefer him to be here while waiting for residency rather than waiting the 11 - 16 months for processing in the UK. Can anyone help?
 
It's impossible for any of us to say for sure if he will be allowed back into Canada. This decision will be up to the immigration officer he speaks to when he arrives in Canada.

Have you already submitted his sponsorship application or at least paid the fees?
 
Yes, we have paid the fees. Our paperwork is all done - for applying within Canada. Not sure if we need to redo paperwork for applying outside of Canada? Would love to be able to stick with the within Canada paperwork, if we can get him back in the country.
 
He'll just have to try to re-enter Canada and hope for the best.
 
If he left without them even noticing he overstayed, he already remedied his overstay by doing that so it should not be an issue on that front, from what I understand.

Whether or not they choose to let him back in is decided by the lovely CBSA *rolls eyes*

My only suggestion would be to tell them upon entry that he is only here to visit with you, his wife and to have a return ticket back to the UK. If he has an homes/property/jobs/family in the UK, he could also use that information as his 'ties' to return to the UK. I shouldn't be too much of a problem, but better to have all the little ducks in a row in case they are asked for.
 
lamylm said:
Yes, we have paid the fees. Our paperwork is all done - for applying within Canada. Not sure if we need to redo paperwork for applying outside of Canada? Would love to be able to stick with the within Canada paperwork, if we can get him back in the country.

If he isn't able to re-enter Canada, you will have to apply outland. Just so you know, outland through London is averaging around 6 months for approval so far for 2013. Compared to the posted 19 months for inland, outland is significantly faster. Have a look at the outland London thread and spreadsheet

http://www.canadavisa.com/canada-immigration-discussion-board/thread-for-outland-london-uk-applications-t49436.12090.html
https://docs.google.com/spreadsheet/ccc?key=0AvI5l_hMO7UKdHc2LUJuZ2Itcld2Vk1WR25GeVZxYVE#gid=19
 
Thank you so much for the info! We are re applying from out of Canada now. We're hoping to have our paperwork in by the end of the month so I can be approved for sponsorship by beginning of Dec & then we will try him flying up mid dec. I know it really does all depend on the customs officer he gets, so fingers crossed!!