Overstayed a Canadian Visa-options

[Ceil]

Hi there,

Ok, I am currently in a relationship with someone who arrived in Canada in 2019. Pandemic closed the borders and he ended up overstaying his visitor visa. He never returned back to his country of origin. Our story is a little complicated...

I am currently married and had sponsored someone who received their PR in September 2020, He left me in May 2022 (literally days before our 3yr wedding anniversary). I cannot apply to divorce him until May 2023 and I am technically still involved in our undertaking until September 2023.

My new partner did marry a canadian in 2019, but once they filed for PR, IRCC found out he was still legally married in his home country. He had no idea. His ID from his country stated 'single'. He thought his ex had divorced him years ago. He is currently in the process of divorcing wife #1 and will need to annul married from Canada with wife #2.

We ended up meeting eachother about 6 months ago. Obviously he doesn't have status at the moment. I am looking for any advice...

Can he apply for an extension based on 'public policy' even though his visa is long expired?
Can I sponsor him right away in the fall after my current undertaking is over?
Do I need to actually be married again or can this be done as a common law application?

I know it looks bad...but it's much different than my last experience. I am just looking for some positive advice here. I do have an amazing immigration lawyer that I used in the past, but it was very costly as my 'ex' had several issues that I was unaware of until I went through the process of sponsoring him.

New partner is amazing and enhances my life in many ways. Much more genuine, but I am afraid that IRCC will judge me also....any insight would be appreciated

Thank you

 

[YVR123]

Hi there,

Ok, I am currently in a relationship with someone who arrived in Canada in 2019. Pandemic closed the borders and he ended up overstaying his visitor visa. He never returned back to his country of origin. Our story is a little complicated...

I am currently married and had sponsored someone who received their PR in September 2020, He left me in May 2022 (literally days before our 3yr wedding anniversary). I cannot apply to divorce him until May 2023 and I am technically still involved in our undertaking until September 2023.

My new partner did marry a canadian in 2019, but once they filed for PR, IRCC found out he was still legally married in his home country. He had no idea. His ID from his country stated 'single'. He thought his ex had divorced him years ago. He is currently in the process of divorcing wife #1 and will need to annul married from Canada with wife #2.

We ended up meeting eachother about 6 months ago. Obviously he doesn't have status at the moment. I am looking for any advice...

Can he apply for an extension based on 'public policy' even though his visa is long expired?
Can I sponsor him right away in the fall after my current undertaking is over?
Do I need to actually be married again or can this be done as a common law application?

I know it looks bad...but it's much different than my last experience. I am just looking for some positive advice here. I do have an amazing immigration lawyer that I used in the past, but it was very costly as my 'ex' had several issues that I was unaware of until I went through the process of sponsoring him.

New partner is amazing and enhances my life in many ways. Much more genuine, but I am afraid that IRCC will judge me also....any insight would be appreciated

Thank you

An important question. Your new partner's sponsorship was refused back then with his Canadian wife. Did IRCC find out that he was married and did they issue him with PFL? If so, did he get a 5 year ban from that refusal.

He needs to be honest and declare every previous (serious) relationship (common-law and marriages).

He is well pass a state that he can restore any legal status. He will not be able to apply from any "extension".
Applying to be sponsored won't give him any status. He will remind without status until this application is approved and becomes PR.

 

[Ponga]

Clearly @YVR123 types a lot faster than I do!

Hi there,

Ok, I am currently in a relationship with someone who arrived in Canada in 2019. Pandemic closed the borders and he ended up overstaying his visitor visa. He never returned back to his country of origin. Our story is a little complicated...

I am currently married and had sponsored someone who received their PR in September 2020, He left me in May 2022 (literally days before our 3yr wedding anniversary). I cannot apply to divorce him until May 2023 and I am technically still involved in our undertaking until September 2023.

My new partner did marry a canadian in 2019, but once they filed for PR, IRCC found out he was still legally married in his home country. He had no idea. His ID from his country stated 'single'. He thought his ex had divorced him years ago. He is currently in the process of divorcing wife #1 and will need to annul married from Canada with wife #2.

We ended up meeting eachother about 6 months ago. Obviously he doesn't have status at the moment. I am looking for any advice...

Can he apply for an extension based on 'public policy' even though his visa is long expired?
Can I sponsor him right away in the fall after my current undertaking is over?
Do I need to actually be married again or can this be done as a common law application?

I know it looks bad...but it's much different than my last experience. I am just looking for some positive advice here. I do have an amazing immigration lawyer that I used in the past, but it was very costly as my 'ex' had several issues that I was unaware of until I went through the process of sponsoring him.

New partner is amazing and enhances my life in many ways. Much more genuine, but I am afraid that IRCC will judge me also....any insight would be appreciated

Thank you

A person can apply for Inland Spousal sponsorship (SCPLC) without having legal status...that's the good news.

Because you have not yet meet the requirement to be deemed a common-law couple (one year or more of cohabiting together), and with him still being married to wife #1 (at least), he cannot apply yet. Because Canada does not recognize bigamy, his second marriage may not need to be annulled, if it never existed in the eyes of IRCC. Not sure about that, but just `throwing it out there'.
https://go4visa.com/2021/05/13/learning-moments-bigamy-and-how-it-affects-the-spousal-sponsorship-process/


There is nothing to apply for to `extend' his status, because he lost that status a long time ago. A person can only apply for Restoration of Status (ROS) within 90 days of losing their legal status.

Why are you not able to file for divorce now? The financial undertaking shouldn't prevent you from divorcing him, AFAIK. You would still, obviously have the obligation until September of this year.


Because your story is in fact complicated, you should at least be prepared to seek professional help with your plans. Since your partner has already married a Canadian (who then attempted to sponsor him?), it could certainly raise red flags with IRCC if he now wants to apply for sponsorship again from you. You having also previously married and sponsored a Foreign National, will also likely raise at least some concerns with IRCC. Not saying that it cannot be done, but it is stressful enough for applicants that do not have such a complicated story.

Because he is without status, time really is the enemy right now. The Public Policy allowing for Inland applicants to apply (if qualified) without legal status, is no longer available IF/WHEN he is determined to be Removal Ready by CBSA, meaning that if he's on their radar already as having overstayed his visa, he may already be at risk.

IRCC and CBSA was to have implemented an `Overstay indicator', but that would likely have been no sooner that November 2022.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/entry-exit.html

Purpose

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

-
IRCC will be able to query the CBSA’s Entry/Exit Information System via the Global Case Management System (GCMS) to

• verify residency requirements in support of applications for grants of citizenship (CIT) or permanent resident cards
• verify if a temporary residence applicant may have previously overstayedFootnote1 their allowable period of admission in Canada

-


Still, they may be aware that he's still here. Don't panic about that; just be mindful that things need to move quickly for you both.



Good luck!

 

[YVR123]

Clearly @YVR123 types a lot faster than I do!


A person can apply for Inland Spousal sponsorship (SCPLC) without having legal status...that's the good news.

Because you have not yet meet the requirement to be deemed a common-law couple (one year or more of cohabiting together), and with him still being married to wife #1 (at least), he cannot apply yet. Because Canada does not recognize bigamy, his second marriage may not need to be annulled, if it never existed in the eyes of IRCC. Not sure about that, but just `throwing it out there'.
https://go4visa.com/2021/05/13/learning-moments-bigamy-and-how-it-affects-the-spousal-sponsorship-process/


There is nothing to apply for to `extend' his status, because he lost that status a long time ago. A person can only apply for Restoration of Status (ROS) within 90 days of losing their legal status.

Why are you not able to file for divorce now? The financial undertaking shouldn't prevent you from divorcing him, AFAIK. You would still, obviously have the obligation until September of this year.


Because your story is in fact complicated, you should at least be prepared to seek professional help with your plans. Since your partner has already married a Canadian (who then attempted to sponsored him?), it could certainly raise red flags with IRCC if he now wants to apply for sponsorship again. You having also previously married and sponsored a Foreign National, will also likely raise at least some concerns with IRCC. Not saying that it cannot be done, but it is stressful enough for applicants that do not have such a complicated story.

Because he is without status, time really is the enemy right now. The Public Policy allowing for Inland applicants to apply (if qualified) without legal status, is no longer available IF/WHEN he is determined to be Removal Ready by CBSA, meaning that if he's on their radar already as having overstayed his visa, he may already be at risk.

IRCC and CBSA was to have implemented an `Overstay indicator', but that would likely have been no sooner that November 2022.
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/service-delivery/entry-exit.html

Purpose

IRCC will obtain accurate and objective entry and exit information from the Canada Border Services Agency (CBSA) to support the administration of the Immigration and Refugee Protection Act (IRPA), the Citizenship Act and the Canadian Passport Order.

-
IRCC will be able to query the CBSA’s Entry/Exit Information System via the Global Case Management System (GCMS) to

• verify residency requirements in support of applications for grants of citizenship (CIT) or permanent resident cards
• verify if a temporary residence applicant may have previously overstayedFootnote1 their allowable period of admission in Canada

-


Still, they may be aware that he's still here. Don't panic about that; just be mindful that things need to move quickly for you both.



Good luck!

My reply was shorter.
Yours have a lot more information.

 

[scylla]

Hi there,

Ok, I am currently in a relationship with someone who arrived in Canada in 2019. Pandemic closed the borders and he ended up overstaying his visitor visa. He never returned back to his country of origin. Our story is a little complicated...

I am currently married and had sponsored someone who received their PR in September 2020, He left me in May 2022 (literally days before our 3yr wedding anniversary). I cannot apply to divorce him until May 2023 and I am technically still involved in our undertaking until September 2023.

My new partner did marry a canadian in 2019, but once they filed for PR, IRCC found out he was still legally married in his home country. He had no idea. His ID from his country stated 'single'. He thought his ex had divorced him years ago. He is currently in the process of divorcing wife #1 and will need to annul married from Canada with wife #2.

We ended up meeting eachother about 6 months ago. Obviously he doesn't have status at the moment. I am looking for any advice...

Can he apply for an extension based on 'public policy' even though his visa is long expired?
Can I sponsor him right away in the fall after my current undertaking is over?
Do I need to actually be married again or can this be done as a common law application?

I know it looks bad...but it's much different than my last experience. I am just looking for some positive advice here. I do have an amazing immigration lawyer that I used in the past, but it was very costly as my 'ex' had several issues that I was unaware of until I went through the process of sponsoring him.

New partner is amazing and enhances my life in many ways. Much more genuine, but I am afraid that IRCC will judge me also....any insight would be appreciated

Thank you

There are no extensions he can apply for.

I agree with the comment above that you need to find out if he was issued a 5 year misrepresentation ban. Often when there is a serious misrepresentation, IRCC will issue a five year ban. He needed to include his divorce papers as part of the first sponsorship application so it's a bit of a head-scratcher, to be honest, how he didn't know he wasn't divorced. Hopefully he declared the past marriage and stated his status as divorced. If he didn't declare his first marriage at all and said he was single, that's far more problematic.

You can sponsor him as soon as your current undertaking is over and assuming you are either married or common law by then. You should 100% expect that IRCC will scrutinize this application very carefully and prepare a very strong application. You need to consider this from their perspective. Your partner has been out of status in Canada for four years, has a previous failed sponsorship due to failing to declare marriage status / previous marriage, and has now remained in Canada after being told to leave. You will have a lot to overcome in your application.

 

[Ceil]

Thank you all for the replies. I don't know if this helps, but I just looked at his Passport.

His passport actually expired in December 2022. (I am sure he just renews that at his consulate)

His Canada Visa also expired in December 2022 (it was a 5yr visa) and his American Visa is still valid.

The last stamp in his passport was in 2019 when left his country or origin. Is any of this good news or helpful?

 

[Miss bee]

Thank you all for the replies. I don't know if this helps, but I just looked at his Passport.

His passport actually expired in December 2022. (I am sure he just renews that at his consulate)

His Canada Visa also expired in December 2022 (it was a 5yr visa) and his American Visa is still valid.

The last stamp in his passport was in 2019 when left his country or origin. Is any of this good news or helpful?

Was his first application denied? If yes post the letter here so we can see if he has ban or not ? That is main point for now . For new passport they need a proof of valid status in Canada. From which country is he ?

 

[scylla]

Thank you all for the replies. I don't know if this helps, but I just looked at his Passport.

His passport actually expired in December 2022. (I am sure he just renews that at his consulate)

His Canada Visa also expired in December 2022 (it was a 5yr visa) and his American Visa is still valid.

The last stamp in his passport was in 2019 when left his country or origin. Is any of this good news or helpful?

The expired passport could be bad news. He needs to be holding a valid passport in order for you to sponsor him for PR. He should investigate asap if he can apply for a new passport while in Canada and out of status. Some countries will only allow you to renew your passport when you have valid status in Canada.

The expire date on his TRV is irrelevant. This does not give him status in Canada. When the spousal sponsorship application was refused back in 2019/2020, he most likely was ordered to leave Canada and would have lost his status then.

He needs to dig up the refusal letter for the spousal sponsorship application to see if he has a ban.

 

[Ceil]

Was his first application denied? If yes post the letter here so we can see if he has ban or not ? That is main point for now . For new passport they need a proof of valid status in Canada. From which country is he ?

My understanding is that once his 'canadian wife' was made aware that he was married, she pulled the application. So I am not sure how far that went. She broke off the relationship and kicked him out. Honestly, I believe him when he says he didn't know he was still married. He married when he was 19 and they split when he was 21....now he is mid 40's. He honestly thought that his ex had divorced him. He is from the Dominican. It's how things are done there sometimes.

How would he be able to go about obtaining any information from that application in 2019? His 'ex' had told him that she threw out all his paperwork

 

[scylla]

My understanding is that once his 'canadian wife' was made aware that he was married, she pulled the application. So I am not sure how far that went. She broke off the relationship and kicked him out. Honestly, I believe him when he says he didn't know he was still married. He married when he was 19 and they split when he was 21....now he is mid 40's. He honestly thought that his ex had divorced him. He is from the Dominican. It's how things are done there sometimes.

How would he be able to go about obtaining any information from that application in 2019? His 'ex' had told him that she threw out all his paperwork

Based on this information, most likely he fell out of status six months after entering Canada unless he applied to extend his visitor status. Regardless, at this point he will have been in Canada without status for too long to restore his status.

Did he say he was divorced in the PR application to his ex or did he say he was single? If he honestly thought his ex had divorced him, then he would have listed his status as divorced and would have also have been required to provide the divorce certificate. Or did he list himself as single? He should absolutely remember these kinds of details and I think it's important that you piece this together and know the full background before you submit the new application.

Is he 100% sure that his wife withdrew the application? Was this because IRCC determined his old marriage was still valid or did he figure this out before IRCC found it? Again, he should remember these details and it's important you know this for your own future application.

He can try applying for his case notes: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

 

[Ceil]

Based on this information, most likely he fell out of status six months after entering Canada unless he applied to extend his visitor status. Regardless, at this point he will have been in Canada without status for too long to restore his status.

Did he say he was divorced in the PR application to his ex or did he say he was single? If he honestly thought his ex had divorced him, then he would have listed his status as divorced and would have also have been required to provide the divorce certificate. Or did he list himself as single? He should absolutely remember these kinds of details and I think it's important that you piece this together and know the full background before you submit the new application.

Is he 100% sure that his wife withdrew the application? Was this because IRCC determined his old marriage was still valid or did he figure this out before IRCC found it? Again, he should remember these details and it's important you know this for your own future application.

He can try applying for his case notes: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/access-information-privacy/requests-information-act.html

His canadian wife submitted the PR application and listed him as 'married' to her because they were married. When he applied for the marriage licence, he stated he was single because that's what his Dominican ID says.

His canadian wife is who withdrew the application because IRCC determined the marriage was still valid.

The divorce to the Dominican wife is now in process.

 

[scylla]

His canadian wife submitted the PR application and listed him as 'married' to her because they were married. When he applied for the marriage licence, he stated he was single because that's what his Dominican ID says.

His canadian wife is who withdrew the application because IRCC determined the marriage was still valid.

The divorce to the Dominican wife is now in process.

So based on that info, it sounds like he did not declare his previous marriage in the application. That is pretty messy and a serious misrepresentation. The fact IRCC found it is also not good. Definitely try order the case notes / GCMS notes. It's possible IRCC still refused the application and could have issued a ban against him. Generally when they find something like this they issue a PFL. Once a PFL is issued, it's generally too late to withdraw the application completely. His ex could have withdrawn her sponsorship, but IRCC may have still issued a decision and potentially a ban. I don't know what to say, it's a messy situation.

 

[Ceil]

So based on that info, it sounds like he did not declare his previous marriage in the application. That is pretty messy and a serious misrepresentation. The fact IRCC found it is also not good. Definitely try order the case notes / GCMS notes. It's possible IRCC still refused the application and could have issued a ban against him. Generally when they find something like this they issue a PFL. Once a PFL is issued, it's generally too late to withdraw the application completely. His ex could have withdrawn her sponsorship, but IRCC may have still issued a decision and potentially a ban. I don't know what to say, it's a messy situation.

Thank you so much for your reply. With all that said, suppose he is able to stay under the radar, is it still possible to apply for and still be considered for an inland sponsorship if in the event I decide it's something that I want to do once my current undertaking is over?

 

[Ceil]

Thank you so much for your reply. With all that said, suppose he is able to stay under the radar, is it still possible to apply for and still be considered for an inland sponsorship if in the event I decide it's something that I want to do once my current undertaking is over?

I just don't want to waste my time, money and emotional well being.....

 

[YVR123]

I just don't want to waste my time, money and emotional well being.....

You really need to find out if he was issued a PFL and a 5 year ban.
If that happened, you won't be able to sponsor him until his 5 year ban is over. And since he had a PFL and with all the complicated refused application in the past, this new sponsorship will be under a very fine comb.

Get his GCMS notes and go from there.

One thing to understand is that one does not go from married to single. Once he was married, he can be divorced but NOT single.
It's likely that his ID was never updated to married back then.