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Overstay and travel .. help!

scylla

VIP Member
Jun 8, 2010
97,312
23,125
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Need more info.

How long an overstay? Where are you from? Visa exempt? Non visa exempt?
 

SaoirseB

Full Member
Apr 17, 2017
47
41
4yr overstay I'm from visa exempt country and am married 17 yrs to a born Canadian citizen and our young kids are citizens too. Outland app sent in but no word yet
 

scylla

VIP Member
Jun 8, 2010
97,312
23,125
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Ultimately it will be up to the CBSA officer you encounter at the border. My guess is that you should be OK. However a 4 year overstay is incredibly long and it's possible that could cause problems. I think the only advice we can give you is to be 100% honest in any questions you ask at the border. Also, if it looks like the CBSA officer may be refusing you entry, take the refusal and don't argue (you don't want to risk ending up with an exclusion order).
 

SaoirseB

Full Member
Apr 17, 2017
47
41
If it comes to the cbsa officer refusing me my kids will be without their mother ...do you really think they would allow this?! Also I will be leaving in August too ( I'm planning on leaving Canada in the next few weeks ) so I will have a return ticket upon entering Canada in may
 

viva-c

Star Member
Jan 6, 2016
183
32
Toronto, ON
SaoirseB said:
If it comes to the cbsa officer refusing me my kids will be without their mother ...do you really think they would allow this?! Also I will be leaving in August too ( I'm planning on leaving Canada in the next few weeks ) so I will have a return ticket upon entering Canada in may
If it were me, I would not take the risk. Ultimately it is up to you. You need to weigh the benefits of traveling versus the potential risk of being denied entry. A four year overstay is significant.
 

scylla

VIP Member
Jun 8, 2010
97,312
23,125
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
SaoirseB said:
If it comes to the cbsa officer refusing me my kids will be without their mother ...do you really think they would allow this?! Also I will be leaving in August too ( I'm planning on leaving Canada in the next few weeks ) so I will have a return ticket upon entering Canada in may
The CBSA officer can absolutely refuse you entry (yes - even with children in Canada). So if you leave Canada, you're taking the risk this could happen. Again, I think it's unlikely - but the risk is there. The four year overstay represents a pretty huge abuse of visitor privilege - so this increases the chances you may have trouble at the border.
 

Ponga

VIP Member
Oct 22, 2013
10,581
1,558
Job Offer........
Pre-Assessed..
The OP is actually considering two separate trips (one in a few weeks and another in August). Even if the first re-entry is successful (which would then restore legal status), it's possible that the CBSA officer could only authorize a short stay. This would then mean that the OP would have to apply for an extension and hope that it is approved.

You'd like to think that when CBSA sees that a person has taken action to remedy their problem, by applying for sponsorship, that would add substantial credence to their case. Having to decide between staying in the basement, or traveling to see an ailing family member can't be an easy decision...although it should be.

Talk about being between a rock and a hard place!
 

SaoirseB

Full Member
Apr 17, 2017
47
41
I really am stuck between a rock and a hard place ... all of my own doing though :( my family are expecting me and keep asking if I've booked my flight to see my father . I haven't the heart to tell them of my stupidity! If anyone reading this has been in this situation I'd love to hear how it all went .