Overstayed 2 years - will eTA be approved? going home for wedding

[snafu]

while waiting for family class sponsorship my spouse has overstayed her 6 month allowance in Canada by 2 years++....

she is a Polish national and wants to fly home soon for a wedding.

is there anyway for CBSA / immigration etc to know and deny an eTA when coming back to Canada? When she flies home will they log the entry / exit dates and penalize her?

Also not sure if helps but her passport is almost expired and will have a new one when returning (with no entry / exit stamps at all)

thanks in advance

 

[zardoz]

while waiting for family class sponsorship my spouse has overstayed her 6 month allowance in Canada by 2 years++....

she is a Polish national and wants to fly home soon for a wedding.

is there anyway for CBSA / immigration etc to know and deny an eTA when coming back to Canada? When she flies home will they log the entry / exit dates and penalize her?

Also not sure if helps but her passport is almost expired and will have a new one when returning (with no entry / exit stamps at all)

thanks in advance

Is this an inland or outland sponsorship? If inland, it would be foolish to leave Canada at all under these circumstances.

 

[snafu]

it was originally an outland sponsorship done from Poland literally 3 years ago in september 2015! (they are taking their sweet time).

I am just worried she won't be let back into the country..

status on application is "in progress"

 

[zardoz]

it was originally an outland sponsorship done from Poland literally 3 years ago in september 2015! (they are taking their sweet time).

I am just worried she won't be let back into the country..

status on application is "in progress"

There is a significant risk of this happening. The eTA only gets you on the plane. It's not a free pass for CBSA, who may well bounce her at the airport on arrival... Therefore she has two separate chances of not returning. Is she prepared to face that possibility?

 

[snafu]

hmmm :/ maybe best to miss that wedding and not risk being excluded from Canada indefinitely

 

[canuck_in_uk]

it was originally an outland sponsorship done from Poland literally 3 years ago in september 2015! (they are taking their sweet time).

I am just worried she won't be let back into the country..

status on application is "in progress"

An outland app from Poland should not have taken this long. What has happened?

 

[carolbb23]

An outland app from Poland should not have taken this long. What has happened?

Maybe there is red flags

 

[Copingwithlife]

I worked at a airline for years, when passengers departed the country their passport is scanned , and all that information is stored and sent to the government. They can easily match up people’s names , DOB’s, so even if you renew your passport, that tombstone data, name , date of birth remains the same. So when planes arrive data is collected , and when planes leave data is collected. Why do you think all this data is being sucked up? So people are compliant with the rules set up. People would have to be naive not to believe it’s not all matched up, or shared with other government departments or countries . It states that on the CBSA arrival card which you sign when entering the country
So if someone arrives and let’s say it’s a 6 month stay, then they depart way after 6 months , there maybe no stamps in passports, but the arrival and departure is collected. It’s a simple equation of xxx arrived on this date , xxx left on this date, xxx granted a 6 month stay , xxx left way past this authorized period . Then when xxx applied for a ETA it’ll start searching for this . If someone never respected the immigration law in the past , maybe the chances are they won’t respect it in the future

 

[snafu]

no red flags was just missing one document (which we then submitted)

copingwithlife - interesting to know. I wasn't sure how well they tracked and checked that info (since I know many Canadians / non-Canadians who have bent various entry / exit rules over the years with absolutely zero repercussions - perhaps the computer databases are smarter now..)

 

[Copingwithlife]

no red flags was just missing one document (which we then submitted)

copingwithlife - interesting to know. I wasn't sure how well they tracked and checked that info (since I know many Canadians / non-Canadians who have bent various entry / exit rules over the years with absolutely zero repercussions - perhaps the computer databases are smarter now..)

The computers are WAY smarter now, and there is more cooperation between countries on the sharing of this data
Also more passports are now readable versus in prior years . I remember for non readable passports I would have to painfully type in all the passport information, and there was a potential penalty levied to my airline by customs if that data was entered incorrectly . I’m not at the airlines anymore , but I believe countries are moving towards readable passports with that chip in them, versus the non readable
https://www.ctvnews.ca/canada/canada-to-begin-collecting-exit-passport-data-1.2947418

 

[snafu]

very interesting link! thanks *coping

looks like no wedding until PR sorted... :/

thanks all for the responses - very helpful

 

[canuck_in_uk]

no red flags was just missing one document (which we then submitted)

copingwithlife - interesting to know. I wasn't sure how well they tracked and checked that info (since I know many Canadians / non-Canadians who have bent various entry / exit rules over the years with absolutely zero repercussions - perhaps the computer databases are smarter now..)

One missing document still doesn't explain a 3 years processing time. What is your timeline? Have you requested GCMS notes?

 

[snafu]

GCMS notes - are the from the person working on the file? we will contact Warsaw and see what's up... :/

 

[canuck_in_uk]

GCMS notes - are the from the person working on the file? we will contact Warsaw and see what's up... :/

You can't request the notes from Warsaw. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

 

[snafu]

very cool! thanks for the link - will look into this to unravel the mystery of why it is taking so bloody long...