Overstayed a Canadian Visa-options

[scylla]

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?

Have you determined if he can renew his passport yet? Which country is he from?

If he can renew his passport, then you can submit an application. Whether that application will be successful is impossible to say since there are too many unknowns right now (e.g. whether he has a ban) and of course none of us can comment if CBSA may decide to take action and remove him.

 

[YVR123]

Have you determined if he can renew his passport yet? Which country is he from?

If he can renew his passport, then you can submit an application. Whether that application will be successful is impossible to say since there are too many unknowns right now (e.g. whether he has a ban) and of course none of us can comment if CBSA may decide to take action and remove him.

Assuming that he is from the Dominican Republic , here is the link:
https://en.consulrdtoronto.com/renovacion-de-pasaporte-por-caducid

It's not very clear if he needs to have valid status in Canada to apply for a renewal. It may be in the PDF form but I don't understand Spanish.

 

[Ceil]

Assuming that he is from the Dominican Republic , here is the link:
https://en.consulrdtoronto.com/renovacion-de-pasaporte-por-caducid

It's not very clear if he needs to have valid status in Canada to apply for a renewal. It may be in the PDF form but I don't understand Spanish.

Thank you all very much for the input

 

[Ceil]

Have you determined if he can renew his passport yet? Which country is he from?

If he can renew his passport, then you can submit an application. Whether that application will be successful is impossible to say since there are too many unknowns right now (e.g. whether he has a ban) and of course none of us can comment if CBSA may decide to take action and remove him.

Actually, if he does have a 5yr ban, is that considered from the day that they made the decision or the date from when he exits Canada. I am wondering if it is best for him to leave, wait out the time (it might only be a year or so more) and then reapply for a visa or I sponsor him at that time....thoughts?

 

[scylla]

Actually, if he does have a 5yr ban, is that considered from the day that they made the decision or the date from when he exits Canada. I am wondering if it is best for him to leave, wait out the time (it might only be a year or so more) and then reapply for a visa or I sponsor him at that time....thoughts?

The five year clock would start on the day of the decision and communication of the ban.

If he leaves Canada, IMO a new TRV will not be approved for him to return based on his history here.

 

[Miss bee]

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

This is complicated. Talk to lawyer not consultant. Also request his GCMS notes that will actually tell what’s going on. Was he issued ban .

 

[canuck78]

Actually, if he does have a 5yr ban, is that considered from the day that they made the decision or the date from when he exits Canada. I am wondering if it is best for him to leave, wait out the time (it might only be a year or so more) and then reapply for a visa or I sponsor him at that time....thoughts?

You will always run into the issue that he doesn’t have a valid passport and can’t get one while in Canada. If he ever wants to get sponsored he will need to return home and reapply for a new passport. Given the huge overstay, misrepresentation and possible ban he should expect that the only way he will be able to be return to Canada is if he gets PR. Any temporary visa and permit are likely to be denied.

 

[Ceil]

You will always run into the issue that he doesn’t have a valid passport and can’t get one while in Canada. If he ever wants to get sponsored he will need to return home and reapply for a new passport. Given the huge overstay, misrepresentation and possible ban he should expect that the only way he will be able to be return to Canada is if he gets PR. Any temporary visa and permit are likely to be denied.

Is inland sponsorship an option?

 

[Ceil]

Also, I spoke with him last night. Originally, the communication from IRCC was that there was information missing from the application. They never sent any documentation that he had a ban and/or that there was a removal order issued.

 

[Ponga]

Also, I spoke with him last night. Originally, the communication from IRCC was that there was information missing from the application. They never sent any documentation that he had a ban and/or that there was a removal order issued.

What about CBSA? Has he had any interactions with, or communication from, CBSA since the PR application with wife #2 was submitted?

Agree with the others that this could be a very difficult road for you both. At this point in time there is no way to even consider an Inland application.

 

[Ceil]

What about CBSA? Has he had any interactions with, or communication from, CBSA since the PR application with wife #2 was submitted?

Agree with the others that this could be a very difficult road for you both. At this point in time there is no way to even consider an Inland application.

Hi, no, there was no letters or communication sent from CBSA. I know at this exact moment in time we cannot apply for an inland application, but if nothing is ever received from CBSA, could we consider an inland application in about a year or so? After we are either commonlaw or married?

 

[Ponga]

Hi, no, there was no letters or communication sent from CBSA. I know at this exact moment in time we cannot apply for an inland application, but if nothing is ever received from CBSA, could we consider an inland application in about a year or so? After we are either commonlaw or married?

He may not have a year!

You really need to find out if IRCC knows of his prior misrepresentation (the fact that he was married even though his ID showed him as single). IMHO, this needs to be step 1 and needs to be answered ASAP! Even if it was not caught by IRCC back then, he would have to show that he was married (and still is, apparently) in his new PR application. It's possible that at that point, IRCC could start asking questions; he has no choice but to be completely honest with the Inland application.

The only possible way for his to regain legal status, would be to leave and return, which is obviously a very risky option right now and not something that I would suggest. If, on the other hand IRCC and/or CBSA reaches out to him...I would then say he should consider leaving before any action is taken. Once you're able to get divorced, you could travel to him to get married and then submit an Outland application. You return to Canada and he stays (wherever he would be) until his PR is [hopefully] approved.

Is he working in Canada? If so, would his voluntary departure impact you financially?

Ironically, even though working without authorization is illegal, a person with a "lack of status" also includes a person that has worked without authorization. If your partner is, or has worked without authorization it appears that he would still be eligible under the Public Policy...which is beyond generous!

https://www.canada.ca/en/immigratio...-refugee-protection-act-spousal-policy.html#3

Lack of status

For the purposes of the current public policy only, persons with a “lack of status” refers to those in the following situations:

• persons who have overstayed a visa, visitor record, work permit or student permit;
• persons who have worked or studied without being authorized to do so under the Act;
• persons who have entered Canada without the required visa or other document required under the regulations;
• persons who have entered Canada without a valid passport or travel document (provided valid documents are acquired by the time CIC seeks to grant permanent residence).

 

[scylla]

Also, I spoke with him last night. Originally, the communication from IRCC was that there was information missing from the application. They never sent any documentation that he had a ban and/or that there was a removal order issued.

This is too vague and there are many things missing that we would need to have a full picture and tell you what may or many not be possible. You need the GCMS notes to get the full details of what happened.

Also keep in mind that if he's moved, there may be a removal order out against him that he doesn't know about. (I'm assuming he must have moved since he left his first spouse in Canada.)

There are way too many factors at play and unknowns right now to give you any real advice.

 

[canuck78]

Is inland sponsorship an option?

No inland application doesn’t to be an option without a valid passport and DR doesn't seem to renew passport from Canada if you are out of status.

If your bf wants to regularized their status thry should stop working illegally. I assume there is a high chance they are working illegally which means breaking another immigration rule.

 

[canuck78]

Also, I spoke with him last night. Originally, the communication from IRCC was that there was information missing from the application. They never sent any documentation that he had a ban and/or that there was a removal order issued.

There would have been further communication. It rarely stops with a letter indicating that there is missing information. He likely received a PFL which said that there seems to be missing information. A PFL is sent to give you a chance to reply before being denied or refused. If he had responded about the 1st marriage or not responded there should have been a follow-up correspondence after that either refusing the application because he was already married and that would have likely contained info about a ban if he had received one. Agree that you should order GCMS notes because there seems to be parts missing in this story.