I got a 1 year BAN for overstaying Visa. Will this effect my PR Application?`

[Cross Border Couple]

To cut a long story short. I overstayed my visitor visa in the midst of working on my relationship with my long term partner.
I left volantarily unsure what would happen if I returned to canada.
When I did come back, the canadian border patrol questioned me and I ended up admitting to overstaying my visa but I was intending to apply for permanent residence as they had advised me before.
The officier ended up giving me a 1 year ban and said this would be the only measure to force me to sort out my status in canada.

My question is, would overstaying my visa in canada effect the application for permanent residence
(i cannot apply for permanent residence untill the 1 year ban is up which ends in january 2015)

 

[Ponga]

Based on your other thread, it looks like you are in the UK, correct?

I can't answer your question, but...can you get married [there] and apply with an Outland application? The processing time might coincide with the end of your exclusion order at which time you could land as a PR when you are legally able to enter Canada again.

Unless, it's prohibited for an applicant to apply outside of Canada while under an exclusion order.

 

[Cross Border Couple]

I am in the united kingdom right now. my partner visited me and now he has returned to canada.
We are planning to get married soon and most probably will do so in the united kingdom., He needs to get a marriage visa first.
Im currently writing a letter (which i will later use in my application for PR) about our relationship, how we met , the history of it ect.
I think I can do some prepreparations such as medical exam and police certificate but I cannot send any forms untill the 1 year ban is up.... which will be in 7 months

 

[taffy7]

wondering why he has to get a marriage visa . You can go to the registry and get a licence to marry in the U.K.

 

[Cross Border Couple]

I believe my partner will need a marriage visa then we can go to the registry office and get married. Maybe im wrong.,i will go and do some research about that.

 

[Ponga]

I am in the united kingdom right now. my partner visited me and now he has returned to canada.
We are planning to get married soon and most probably will do so in the united kingdom., He needs to get a marriage visa first.
Im currently writing a letter (which i will later use in my application for PR) about our relationship, how we met , the history of it ect.
I think I can do some prepreparations such as medical exam and police certificate but I cannot send any forms untill the 1 year ban is up.... which will be in 7 months

You should wait until you are closer to sending in your application to request your PCC and to schedule your medical. PCC's are only valid for 3 months, so if CIC doesn't receive them within those 3 months, they're useless. Medical results are valid for 1 year.

 

[Cross Border Couple]

thank you Ponga , it is good to know

 

[zardoz]

I believe my partner will need a marriage visa then we can go to the registry office and get married. Maybe im wrong.,i will go and do some research about that.

You are correct. A marriage visitor visa IS required. You used to be able to marry on a visa-exempt passport as a tourist, but those days are long gone. You might be able to persuade an Anglican minister to marry you without a visa but it's not recommended.

https://www.gov.uk/check-uk-visa/y/canada/marriage

 

[taffy7]

You are correct. A marriage visitor visa IS required. You used to be able to marry on a visa-exempt passport as a tourist, but those days are long gone. You might be able to persuade an Anglican minister to marry you without a visa but it's not recommended.

https://www.gov.uk/check-uk-visa/y/canada/marriage

Well i be damed never knew you had to have a marriage visa for the U.k. Zardoz where have you been lol

 

[zardoz]

They started to clamp down in February 2005, when they started to use designated register offices for non-resident marriage. It's got harder since then. Too many sham marriages. We were amongst the last to benefit from unrestricted marriage because, although we married in February 2005, we had booked it in January 2005, so it was allowed to proceed.

 

[Cross Border Couple]

thank you for the confirmation

 

[taffy7]

thank you for the confirmation

Sorry i really didn't know.I'm a Brit/ Canadian so when i looked at marriage in the U.K that's all they wanted was documents that i was divorced.

 

[rhcohen2014]

My question is, would overstaying my visa in canada effect the application for permanent residence
(i cannot apply for permanent residence untill the 1 year ban is up which ends in january 2015)

from what i've been told, having an exclusion order on your record doesn't effect the application negatively. i'm sure it's dependant on the
application and circumstances, but exclusion orders are handed out pretty regularly at the border, especially when it comes to non-married couples. i received one for dec 2011-dec 2012 before we got married. i applied march 2014, so my situation is a bit different than yours.

I'm sure if your exclusion order isn't up before your application is ready to be approved, they will require you to apply for an ARC (authorization to return to canada). You may also need to get a certificate of departure to return. I did not need to get one of those to reenter. keep in mind there's also the chance CIC may require you to apply for an ARC in order to process both portions of the appication. they will certainly let you know before processing the application if they do .

once the exclusion order is over - it is over. since it's going to be at least a few more months until you get married & submit the application it's more likely the exclusion order will expire before you even get to the point of approval. Just stay away from canada until it's lifted.

I know of at least 1 forum member that has sent in an application while be under an exclusion order. i believe her name is svetlana, so you may be able to search for her and read her story.

 

[Cross Border Couple]

Thank you so much for the informative response. Im so glad i joined this forum