I have overstayed my visitor visa... now what?

[goinyard42]

My visitor Visa expired on May 1st and it is now Sept 1. During my time in Canada we got married in February and applied for sponsorship and permanent residency. Call centre at immigration Canada said I should just leave the country and come back into Canada on a new visa since I do have a client # for my application.

Just wondering, am I going to have any issues getting back into Canada after my wife and I both go visit family for the weekend?

 

[BeShoo]

Is that an inland or outland application, and what is your citizenship and country of residence. If they discover that you have overstayed, that is ample reason for them to deny you entry into Canada.

 

[sbwv09]

He double posted. There's more information here: http://www.canadavisa.com/canada-immigration-discussion-board/leaving-and-reentering-canada-t52244.0.html

 

[iarblue]

First of all i cant get my head around why you just didnt spend the $75 in the first place and extend you visa,why you let it go without is beyond me.If you are still here now you can spend your $200 and apply for a new one.Or you can leave and try to come back in,but since you overstayed your visit you may have shot yourself in the foot if you try to come back in.If your from the US they most times dont scan your passport but if they do you will be sent packing at the POE.
Then you will just have to wait for your PR.If you did an inland and you are made to leave you just lost the whole process.

 

[minku9]

no worries!!! you can still be sponsored under spousal category....spend in the application to renew ur permit with proof of marriage and extra $75 w/ the application u will be fine....i had a similar case!

 

[sbwv09]

minku, was that after your prior status was expired by 4 months??

 

[iarblue]

Its not $75.Its $75 to extend.It has run over that period its now $200 new app.

 

[BeShoo]

If you are still here now you can spend your $200 and apply for a new one.

The restoration of status fee of $200 is only within 90 days of losing status. He is too late for that.

They won't really know how long you've been in Canada, so I wouldn't mention it unless they ask.

Every time you cross into the U.S. and come back to Canada there is a possibility that you will be denied entry, so there is some degree of risk every single time. If you are far from Canada when they call you for an interview, the interview will be in Canada, so if you can't get into Canada in time for it, you will probably lose the entire application.

The procedure manuals say that they shouldn't ever deny visitor permission for someone with an inland application in progress unless there is a very good reason, so I think you'll be fine. Be sure to have a copy of your fee receipt to show at the border when you enter.

As for your later trip, it might be a risk. Someone on here claimed to be an immigration agent or lawyer and said that any travel outside of Canada could be grounds for dropping the application, but I don't think that's strictly true, especially if it was just for a few days.

 

[minku9]

minku, was that after your prior status was expired by 4 months??

No, my status expired for only 2 weeks or so....but I had student, work permit (3 yrs) and then visitor...thnx!

 

[minku9]

Just noticed what someone posted....you can only apply for restoration of status WITHIN 90 days....mine was about 2 weeks over, but i was busy getting married ....4 months??? its a bit too long but i have seen people with worse cases being issues TRV...good luck either way, one can sponsor a spouse with those conditions!

good luck buddy!

 

[goinyard42]

Hey everybody,

Thanks for the replies. I ended up leaving the country with my wife to visit my family. Came back across the border and after about an hour of asking general questions they gave me another visitor status for 3 months. Now i just applied to extend that one since my papers still havent come through, but it should be within a couple of months.

 

[KimJuliBC]

Hey everybody,

Thanks for the replies. I ended up leaving the country with my wife to visit my family. Came back across the border and after about an hour of asking general questions they gave me another visitor status for 3 months. Now i just applied to extend that one since my papers still havent come through, but it should be within a couple of months.

We believe you have already submitted your inland application (according to your first post above). In this case, you are fine, and you do not need extension as long as you have also included the open work permit with your application. Hopefully you will hear soon from CIC