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overstay and duel intent

MandyUK

Hero Member
Jun 13, 2011
542
17
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
22nd July 2011
File Transfer...
27th September 2011
Med's Done....
1st July 2011
Passport Req..
November 7th 2011
VISA ISSUED...
December 29th 2011
LANDED..........
24th Jan 2012. (Canada Place)
hi all, I had an overstay 10 years ago now in canada, i was given a departure order and myself and my children left within the 30 days, and I have the forms that the IO signed when i left. But I wondered that once my PR application is in process and my OH has been approved to sponser me, do you think that I would be ok to go to Canada and ask for Duel Intent.

I have never been back to Canada since leaving back in 2010, my grown up children have since been back for holidays to see their step-grandparents and was only once asked where i was, that was back in 2003.
I so want to go to my husband as this is the first time in 12 years we have been apart for so long.He has been back in canada for 3 months now. :(
I know it will basically depend on the IO on the day at the port of entry, Im just scared to try it and wanted your opinions on this. :-\ Would you take the risk?
Thanks
Mandy
 

awor

Hero Member
Nov 4, 2010
609
6
Oregon to Alberta
Visa Office......
Buffalo -> LA
App. Filed.......
26 Aug 2011
AOR Received.
15 Dec 2011
File Transfer...
[b]CPC-M to Buffalo:[/b] 03 Nov 2011 [b]Buffalo to LA:[/b] 19 Jan 2012
Med's Done....
11 Apr 2011 [b]Ecas shows received [/b]5 Mar 2012
Passport Req..
7 Mar 2012 [b]Decision Made[/b]: 1 Apr 2012
VISA ISSUED...
29 Mar 2012 [b] CORP Received[/b]: 19 Apr 2012
LANDED..........
Sumas: 25 April 2012 / [b]PR Cards Received[/b]: 4 July 2012
Were you told only to depart or banned from returning? If you were banned, you'll need to apply for the Authority to Return to Canada. If you weren't banned, I would either wait until the PR process is finalized, or at least wait until it's at a point it's in the system (after sponsorship approval at least), then make sure your husband comes with you to the border and have him ask for permission for you to VISIT while the application is in process. And make sure to take lots of proof of ties to your home country so they can see you can go back if the application isn't approved.
 

MandyUK

Hero Member
Jun 13, 2011
542
17
Category........
Visa Office......
London
Job Offer........
Pre-Assessed..
App. Filed.......
22nd July 2011
File Transfer...
27th September 2011
Med's Done....
1st July 2011
Passport Req..
November 7th 2011
VISA ISSUED...
December 29th 2011
LANDED..........
24th Jan 2012. (Canada Place)
Thx awor, if we are going to do this it would be once my Oh had sponsor approval, It was a depature order, I was told I could come right back just apply the correct way. The didnt arrest me or take my passport from me, they took down my details did an interview with me and hubby to see why i was there and how come i had overstayed, took my photo ect, and then let me go back to our apartment, they told me to inform them of when i had a flight and they would meet me at the airport to sign some papers, which they did and then i came back home to the UK.

Thanks for your opinion on this. If we do this, I will make sure I have the evidence you talked about. :)
Mandy