I married Canadian citizen, I overstayed in Canada beyond my VISA. Can I get PR?

[samantha345]

I'm an Indian citizen. I went to Canada in 2012 on student visa which was valid till 2014 July. I also got a work permit and SIN valid till July 2014. However I couldn't keep up with my school so I couldn't renew my visa. I overstayed in Canada till 2016 March. I also worked for a while beyond my work permit validity. I don't have any criminal record. In 2015 July I got married to a Canadian citizen. This year I came back to India in April 2016 and we had an Indian wedding reception. We have all the proof of our relationship and wedding. I dated my husband for two years before I married him. While in Canada I volunteered with quite a few organizations. Even now I am working with them online. Now my husband is back in Canada and we want to apply for spousal PR for me. Are there chances that I will get the PR? What should I do to prove the authenticity of our relation? Please advice me. Thank you.

 

[Bs65]

The first issue you have is despite dating for 2 years after july 2014 you were in the country illegally and also worked illegally. Then in July 2015 you got married assume in Canada whilst you were there illegally. So now you want to apply for PR having been in Canada illegally July 2014 through April 2016.

So when you apply for PR and you declare you were married in Canada July 2015 whilst in Canada illegally living with your spouse what would you expect immigration to say ?

Others can comment but does not look very positive to me, but then again I guess depends what the odds are of being found out and if you are could possibly result in a long exclusion. After all if as part of the PR application you are asked about recent country of residence say july 2014 through April 2016 will you say Canada or India ? If latter leading to a major misrepresentation.

 

[dharshini]

I have seen a similar case gt PR.

Make sure the paper work is strong & 90% u might hv to get Police clearance from Canada as well as India. Be ready if they call for an interview.

 

[Bs65]

I have seen a similar case gt PR.

Make sure the paper work is strong & 90% u might hv to get Police clearance from Canada as well as India. Be ready if they call for an interview.

this may well be true but end of day there is still an overstay here not just a few months but if read correctly almost 2 years and overstayers do not and should not get much sympathy.

 

[scylla]

this may well be true but end of day there is still an overstay here not just a few months but if read correctly almost 2 years and overstayers do not and should not get much sympathy.

I disagree. CIC will be looking to confirm the relationship is genuine. That's what will determine if the application is approved or not. The illegal stay and illegal work will be forgiven. Yes - we've certainly seen a number of cases here where this has happened. There does need to be very strong relationship evidence provided to ensure CIC is convinced the relationship is read and the applicant isn't just using the sponsor to remain in Canada. PRocessing for these cases usually takes longer. However totally doable.

 

[samantha345]

I disagree. CIC will be looking to confirm the relationship is genuine. That's what will determine if the application is approved or not. The illegal stay and illegal work will be forgiven. Yes - we've certainly seen a number of cases here where this has happened. There does need to be very strong relationship evidence provided to ensure CIC is convinced the relationship is read and the applicant isn't just using the sponsor to remain in Canada. PRocessing for these cases usually takes longer. However totally doable.

Scylla, Darshini, Bs65 thank you all of you for your quick responses. I'm gathering my documents. I do not intend to misrepresent any information. We got married legally in Ottawa, as in court marriage. Registered under Ontario govt. Apart from the usual supporting documents required, can any of you please tell me what more I should provide to prove the genuineness of our relationship? I'm getting letters from our friends and marriage witnesses who will vouch for our relationship. Also, when I was volunteering in Ottawa I had a police verification done in September 2014 which is valid for 5 years. Is this the Police clearance you're talking about? I'm working with two NGOs in Ottawa and another one in India. I can show that I have job prospects here and the only reason for me to apply for a PR is my spouse is Canadian. What more can I show to prove that our relationship is genuine and that I'm not using my husband to land in Canada? Thank you very much.