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Overstay problem. Urgent advice needed

Lovesport32

Newbie
Sep 2, 2014
5
0
Hello everyone
Long story short:
I came to Canada to visit a close friend of mine for what was expected to be 5 months. However he was taken seriously ill and in my stupidity I overstayed 6 months (7). Sadly my friend recently passed away and I'm now going back after the funeral. I have serious concerns as I have many friends in Canada as well as my girlfriend.
I am a british citizen (so I am visa exempt)

And I want to come back early next year to visit friends for a week.
Will I be allowed in?
I'm really concerned to the point of sleepless nights so any help will be appreciated.
 

scylla

VIP Member
Jun 8, 2010
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Sorry to hear about your friend's passing.

Unfortunately it's impossible for any of us to say for certain whether you will be allowed back into Canada or not since this decision is up to the immigration officer you encounter when you enter Canada. However chances are high you will be allowed in - especially if you wait a number of months before trying to return and are only coming for a short visit. Make sure you have a return ticket when you arrive and try to carry some sort of proof that shows you have strong ties to the UK and won't overstay again (e.g. proof of employment, proof of school enrolment, etc.).
 

Lovesport32

Newbie
Sep 2, 2014
5
0
scylla said:
Sorry to hear about your friend's passing.

Unfortunately it's impossible for any of us to say for certain whether you will be allowed back into Canada or not since this decision is up to the immigration officer you encounter when you enter Canada. However chances are high you will be allowed in - especially if you wait a number of months before trying to return and are only coming for a short visit. Make sure you have a return ticket when you arrive and try to carry some sort of proof that shows you have strong ties to the UK and won't overstay again (e.g. proof of employment, proof of school enrolment, etc.).
Thank you for your condolences and response
I have a couple of questions
1) I hear about leaving orders on forums but I'm not on a visa I'm literally just visiting like a standard vacation Would there for some reason be a way I get a leaving order?
2) Would immigration know when I left the country? From previous visits I see no stamps of depature and in England they literally look at your passport, look at you and wave you on your way. I know there are airline records but surely they would have to go out of their way to dig that deep?

Thank you again
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
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
1) If the immigration officer believes for some reason that you are trying to come to Canada to live / stay long term, they can refuse you entry into Canada and send you home on the first plane. Again, I think this is unlikely in your case. But just in case, I would strongly advise you to carry the documentation I mentioned in my first post and make sure you have a return ticket.
2) Assume immigration knows when you left Canada and knows you overstayed. Before my husband became a PR we were once traveling back into Canada together and he was stopped by immigration and sent to secondary inspection. They had easy and immediate access to all of his travel records - most of which could have only been take from airline manifests. So best to assume they have your full travel record at their finger-tips.
 

Lovesport32

Newbie
Sep 2, 2014
5
0
scylla said:
1) If the immigration officer believes for some reason that you are trying to come to Canada to live / stay long term, they can refuse you entry into Canada and send you home on the first plane. Again, I think this is unlikely in your case. But just in case, I would strongly advise you to carry the documentation I mentioned in my first post and make sure you have a return ticket.
2) Assume immigration knows when you left Canada and knows you overstayed. Before my husband became a PR we were once traveling back into Canada together and he was stopped by immigration and sent to secondary inspection. They had easy and immediate access to all of his travel records - most of which could have only been take from airline manifests. So best to assume they have your full travel record at their finger-tips.
Say the same thing was to happen to me (they saw I had overstayed) I assume it's up to me to prove when I come this time I have every intention to leave in the allotted time?
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
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
Lovesport32 said:
Say the same thing was to happen to me (they saw I had overstayed) I assume it's up to me to prove when I come this time I have every intention to leave in the allotted time?
Yes - it would be up to you to prove this and entirely their decision if they accept your proof or not.

Having said that, there's certainly a very good chance you'll be allowed in with very minimal questions and will have no issues.

But if you are questioned, make sure you answer 100% truthfully.
 

Lovesport32

Newbie
Sep 2, 2014
5
0
scylla said:
Yes - it would be up to you to prove this and entirely their decision if they accept your proof or not.

Having said that, there's certainly a very good chance you'll be allowed in with very minimal questions and will have no issues.

But if you are questioned, make sure you answer 100% truthfully.
To be honest you've taken so much off my mind thank you :)
My only real concern now is, I've visited Canada two years in a row. So it looks rather dodgy (either that or I just love Canada) but I'm hoping they don't think anything strange is going on. Though I am requesting a letter of proof from my work in London.
Would there be no leaving order this time as I overstayed? Or is being on a non visa vacation style type visit a bit of a savour here?
Sorry for all the questions it's just your answers are very trustworthy and detailed :)
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
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
Lovesport32 said:
Would there be no leaving order this time as I overstayed? Or is being on a non visa vacation style type visit a bit of a savour here?
The fact you don't need a visa to visit Canada is irrelevant.

Canada is far more generous than some other countries (e.g. the US) in their treatment of overstays. No leave / departure / ban was triggered by your overstay. If you had done the same thing in the US, you would now have an automatic three year ban from entering the US. However just because Canada is lenient doesn't mean you should let your guard down and treat this sitation casually. Again, your best bet is to now remain outside of Canada for a decent period of time (six months would be good). When you return, it would be wise to only come for a short trip (a few weeks at most). And as mentioned in my first post, you should bring proof that shows you have real ties to the UK (e.g. job) and aren't an overstay risk.

If you ever find yourself in the situation again where you want to stay longer than you are allowed, apply for an extension. This is very easy to do from within Canada and you most likely would hae been approved. Then you wouldn't be in the situation you are now.
 

Lovesport32

Newbie
Sep 2, 2014
5
0
scylla said:
The fact you don't need a visa to visit Canada is irrelevant.

Canada is far more generous than some other countries (e.g. the US) in their treatment of overstays. No leave / departure / ban was triggered by your overstay. If you had done the same thing in the US, you would now have an automatic three year ban from entering the US. However just because Canada is lenient doesn't mean you should let your guard down and treat this sitation casually. Again, your best bet is to now remain outside of Canada for a decent period of time (six months would be good). When you return, it would be wise to only come for a short trip (a few weeks at most). And as mentioned in my first post, you should bring proof that shows you have real ties to the UK (e.g. job) and aren't an overstay risk.

If you ever find yourself in the situation again where you want to stay longer than you are allowed, apply for an extension. This is very easy to do from within Canada and you most likely would hae been approved. Then you wouldn't be in the situation you are now.

Perfect :) thank you so much for your help it means a lot
 

Leon

VIP Member
Jun 13, 2008
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After your visa expires, you have 90 days to either restore your status or leave. If you stayed 7 months, you were still within that grace period.

If you had been issued a departure order, you would have known about it. If you had, they would have given you 30 days to leave.

Still, they may know about your overstay and they may give you trouble as you enter. Make sure you have a return ticket within a reasonable time and it helps too if you have a steady job at home and a letter from your employer. If you have problems, explain that you wanted to stay with your sick friend and you know that you did wrong and promise never to do anything like that again.

The immigration officer can deny you entry but they could also let you enter for less time than the usual 6 months.