I overstayed my visitor visa for....almost 7 years :S

[Klouk]

BUT, i still don't know if the fact that going back there as a visitor when the sponsorship (first stage) is approved is safe for me or not...?
What do you think??

 

[scylla]

I would give it a try. You've been out of the country for 10 months so I think you have a very good chance of being granted a regular visit.

Make sure you have a return flight (not a one way).

 

[Klouk]

Yes i will have a return ticket and a brand new passport.

 

[Marlee]

Also, providing any additional documents which prove your bonds with France might help to support your credibility (work contract, signed lease of your apartment/house, etc.).

 

[Klouk]

I don't have any, i'm at my parent's place waiting to go back to Canada :S

 

[Tigurius]

FYI, not sure if you're aware, but if you're a french national, not many people realize that there is an island that there is french territory only 25 km away from the boarder of newfoundland. As a french national you can probably go there right now freely and then you and your bf can visit each other and you could work/live there until your papers are processed.

http://en.wikipedia.org/wiki/Saint_Pierre_and_Miquelon

I know, that sound ridiculous.
So this is my story, I will try to make it short and in a decent english :
I came to Canada from France with a visitor visa, then I got a PVT, then visitor again. During that time I met my boyfriend (we are gay) and we got married a few days before my 6th visitor visa was denied. I received a letter which told me that my visitor extension was denied and that I had to leave Canada immediatly. I should have left. But I didn't. We should have applied for a sponsorship and PR but we didn't because we thought I was already "illegal" and that it wouldn't be accepeted.
So, life went on, and on, and on...almost 7 years. It was really hard for me.
Then we decided to finally do something about it and I left Canada 10 months ago.
We finally applied for sponsorship and PR, we sent everything and we paid everything right away (1040$ or something like that).
NOW :
I'm supposed to get the "sponsorship approval" in 2 weeks (I hope it will be approved) and I'm wondering if I can go back to Canada to visit my husband when I will get this approval? Or if my overstay will ban me for entering the country until I get the RP approval (if I get it..)?
What do you think? :S
Sorry for my english.

 

[obib]

FYI, not sure if you're aware, but if you're a french national, not many people realize that there is an island that there is french territory only 25 km away from the boarder of newfoundland. As a french national you can probably go there right now freely and then you and your bf can visit each other and you could work/live there until your papers are processed.

http://en.wikipedia.org/wiki/Saint_Pierre_and_Miquelon

Tigurius great advice! your information should be a good one for him.

 

[Tigurius]

Tigurius great advice! your information should be a good one for him.

I hope it does become valuable. Klouk please keep us updated if this is something that is actually a possibility. Bon Chance!

 

[Klouk]

I already thought about that but its not really possible as my husband has his job in montreal and can't leave the city.
I can't just go in St Pierre-et-Miquelon, pay for a rent as I know anybody, I mean...it's not worth it.
I need to go to Montreal.
So I don't know...I didn't had feedback from people in the same situation....I don't know what will happen.
I should probably give it a try and just go. I have a big chance that they won't let me in and put me back on the plane. I will for sure wait for the sponsorship approval (the first stage), it should arrive in 2 or 3 weeks.And then I will fly there. I will have a return ticket. I'm just so depressed right now with all this things, I don't even know if I will continu this whole process of immigration as I feel that I'm loosing my time.
I have zero life in France (I spent the last 10 years in Canada, my whole life is there), I'm just here waiting to leave.
I don't know what to do :S

 

[Tigurius]

I already thought about that but its not really possible as my husband has his job in montreal and can't leave the city.
I can't just go in St Pierre-et-Miquelon, pay for a rent as I know anybody, I mean...it's not worth it.
I need to go to Montreal.
So I don't know...I didn't had feedback from people in the same situation....I don't know what will happen.
I should probably give it a try and just go. I have a big chance that they won't let me in and put me back on the plane. I will for sure wait for the sponsorship approval (the first stage), it should arrive in 2 or 3 weeks.And then I will fly there. I will have a return ticket. I'm just so depressed right now with all this things, I don't even know if I will continu this whole process of immigration as I feel that I'm loosing my time.
I have zero life in France (I spent the last 10 years in Canada, my whole life is there), I'm just here waiting to leave.
I don't know what to do :S

I know it seems quite defeating but in the end if you maintain your resolve it will be the greatest thing that you'll realize was so much worth the wait. Besides - imagine the crazy make up sex you'll have once it finally happens right?

I do recall seeing something on the CIC site a few months ago when i was looking up something else about overstaying and becoming a PR. I can't find it right now but it said while it is a negative thing - if your spouse is canadian/pr that your overstay should not affect you.

 

[Marlee]

Once your sponsorship is approved and your PR application is submitted, you are eligible for an open work permit which allows you to work in Canada until the PR process is finalized (inland applications only).


http://www.cicnews.com/2014/03/work-permits-spousal-sponsorship-applicants-033283.html

 

[Maple_tree15]

Hey there,

Your passport is not being stamped once you leave Canada. Only when you enter. It is also not stamped if you return straight to the EU (given that you passport is French or of any other EU country). Hence, the Canadian government does not know anything about your overstay. Being denied for a visitor extension several years ago does not make you ineligible for a new visitor visa. Therefore, you can return to Canada on a visitor visa (which you will receive once you enter Canada). Every EU citizen has the right to stay up to 6 months a year.

I thought it was 3 months, instead of 6!

 

[Rob_TO]

Each country maintains entry and exit records. So rest assured Canada CAN find out exactly how long you've been in Canada, and exactly when you left. To assume Canada will not know any of this and to try and indicate any false info to CBSA or CIC, is very bad and possibly damaging advice. You should ALWAYS be truthful on applications since CIC has ways of determining if you're lying.

Also for a spousal application, an overstay in itself has no negative impact. The only thing an overstay shows is that the applicant really wants to leave their home country and stay in Canada. So there may be more suspicion of a relationship of convenience in these cases. However as long as you satisfy the VO that the relationship is genuine, then any overstay becomes irrelevant.

 

[Klouk]

Hello, i want to update this topic to let people know what finally happened.
I came back to canada almost 2 months ago as a visitor. I had no problem at the border.
I received my CSQ (quebec) 3 weeks after and my PR last week.
I explained all my situation and was 100% honnest with CIC about my overstay and everything. I think this is why they didnt ask for an interview or even for more informations.
The whole process for my PR took 6 months. That was really quick and i didn't expect to get it that fast. Also, sending everything in the same time (sponsorship,PR,medical visit, payments of everything) helped a lot.
I'm going to the US for the weekend to activate my PR on my way back
Good luck for those who are still waiting.

Peace.

 

[Marlee]

Congratulations! These are the news we wanted to hear! I am so glad it worked out for you!