Overstayed visa

[formerbritsoldier]

hi guys, i raelly hope someone could shed some light on my situation and help me out... im not here for sympothy or to tell my tales of woe.... im looking for some genuine advice as i am at the end of my wits right now!!

to cut a long story short i am an ex british military man who met my fiance whilst training in canada! we got together and i made a few visits over here before leaving the army. Having left the army to start a new life in canada, with plans to get married within the 6 months..... things have gone so wayward its untrue!
my final paycheck from the army barely covered my flight over here and my fiance has had to support us both since my arrival.... we are both still very young and have gone through so much crap to be together.....the first 6 months of our relationship was long distance and i vowed this time to never leave her again!!

we have been together for just over a year now and we've been living together permanently for 8 months

so we have got to the point where i am now over my visa by 2 months and no closer to being able to afford to get married!!
the stress is causing us both so many problems..... its affecting our relationship and i cant bear the thought of losing her because of all this....but we can barely afford to eat at the moment and i cant put the woman i love in this position anymore

so my question is, what would happen if i were to hand myself in to immigration?? i know my case is no different to a lot of peoples out there but do the courts even listen to people like me??

or if i hand myself in will i inevitabley end up being torn away form the only thing i have in my life??

i appreciate any help and advice offered, thanks in advance

 

[treben2009]

I think you should go back to uk and find a job. save money till its enough go back to canada marry the girl have a family.

 

[MandyUK]

As far as the overstay, if you can afford to leave i would as soon as you can, if immigration are not yet aware of your overstay and you leave, you will then not get a record of overstay and will be allowed to return to Canada.

 

[formerbritsoldier]

thanks for the replies guys

i cant afford to return home.... i literally dont have a penny to my name and am living off my fiancee right now..... ive gone from being a respected and admired soldier....to a man who cant even provide for the woman he loves!!
another problem is i grew up in care back home so i have no family or anyone to contact back there....

im just wondering really what would happen were i to turn myself in?? would this do me any good at all...... i never came to this country to steal jobs, or to get benefits...... i was bought here to train and met my fiancee through this...... i never came with any intention other than to train....falling in love was the polar opposite of what i wanted to do during my R+R here to be honest!!
its not like i came here to visit then decided......oh i want to live here now..... i can garuntee you were it not for the army i would never have came to this country even to visit!!!

the more i write the more it sounds as though im trying to sell myself to you guys.... apologies..... im just really losing my mind right now

 

[Leon]

What do you want from immigration? Do you think they would give you money so you could get married and apply for her to sponsor you for PR? More likely, they would offer you, as you have overstayed, to either leave at your own cost or be deported in which case they'd pay for you but they'd likely want their money back and being deported may also involve a ban of 2 years.

Since you can not afford to get married and apply for your sponsorship and you can not work, I think the only chance for you right now is to get back to the UK. So you say you have no family but you also have no friends, not even 1? If you really have noone, try the UK embassy. As a stranded UK citizen, they may lend you the price of a ticket back.

Once you get back, take any job or 2 or 3, work your butt off to save money and look into applying for a working holiday visa at the end of the year if you are still within the age limit. If you do, it would get you a 1 year open work permit and you could go back and work and get married and your wife could sponsor you. You should however not wait around until the 1 year work permit is up because then you would be in the same situation you are now.

 

[MandyUK]

If you search "overstay" on this forum, you will find many people, for one reason or another overtsayed their visa, so dont think your being judged, your not. If you do go to the immigration I believe you will be asked to leave Canada anyway. Even if you are given a Departure order, you will find that when you try to return to Canada you will be refused as the IO has to be satisfied you will leave at the end of you visa, and as it would be on record that you already overstayed once, you will more than likely be refused entry. Once your back in the Uk you could look into http://www.bunac.org/uk/ this may allow you to at least be with your girlfriend until you can get married and then afford the fees for the immigration.

Below is some information of the types of orders that can be issued once Immigration are aware of your overstay.

Types of removal orders

If either a CBSA officer or a member of the IRB's Immigration Division determines that a person has breached the Immigration and Refugee Protection Act, he or she may issue one of the following removal orders:

Departure order: A departure order requires that the person leave Canada within 30 days after the order becomes enforceable.

Exclusion order: A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of the CBSA is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from the CBSA.

Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.

Departure and exclusion orders are usually issued for less serious violations.


In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

Hope this helps.

 

[formerbritsoldier]

thankyou for your advice mandy, some good solid info....it's very much appreciated!!


and leon, yeah of course mate thats what i thought..... and i banked on there being a ferrari included with the deal!!!
look, i raelly appreciate you taking the time to respond, but i dont care for the sarcasm to be honest...

im not naive enough to believe they will give money n whatnot, if you think thats what i am after you are sorely mistaken!!!!!


i have searched and searched this site for info recently and nothing has shown up that is recent and relevant to my case!!

thanks again for your advise guys

 

[Leon]

look, i raelly appreciate you taking the time to respond, but i dont care for the sarcasm to be honest...

Ok, so maybe I was not very nice to you but honestly, what did you expect that immigration would do for you other than show you the door?

Then read the rest of my reply where I give you a solid plan to solve your problems. The working holiday program I am referring to is this one: http://www.canadainternational.gc.ca/united_kingdom-royaume_uni/experience_canada_experience/index.aspx They are now closed for the rest of the year but they will reopen for applications for 2012 later this year.

 

[MandyUK]

Hi, I looked on the internet to see if there was anything here back in the Uk to help ex servicemen such as yourself, I found this, maybe if you can give them a ring or email them, they can offer you some hope when you get back to the Uk, if thats what you choose to do.

http://www.ssafa.org.uk/index.asp

 

[formerbritsoldier]

leon i understand fully......you are evidently an avid poster/contributor to this forum so you must see the likes of me coming through every day and as such get frustrated by us all!!
but i thank you for your patience and for not giving me more sarcasm (as you could well of)
and i didnt expect them to give me anyhting..... i just thought maybe if there were mitigating circumstances maybe things could be done, or.....wel..l.... i don't know to be honest...... at the moment im just clutching at straws hoping for the best.

and mandy thankyou for all your help....... there are a number of ex-service charities out there..... to be honest they completely slipped my mind, not sure they'll be able to help but its an avenue i didnt think of exploring!!!

seriously guys, thankyou both so much....... its puttin my mind at rest a bit having a darn site more info than i did a few hours ago!!!!!

 

[shamsia]

@formerbritsoldier:

I am sorry I cannot offer you any help immigration wise, but I must say I'm touched by your story. Not offering you any sympathy here, but impressed nonetheless that you want to do things the 'right' way with honest intentions.

Leon & Mandy have offered some good advice. I know it's going to be a struggle for a few years down the line, but you will make it. All the best!

 

[formerbritsoldier]

thanks for your kind words shamsia.........

were it not for the army screwing me over on my last paycheck we'd have been married a long time ago........ apparently upon leaving the army you are held responsible for kit lost by umpteen other people!!! the army is a bit like a gang to be honest......they love you and want to be your friend until you decide its no longer the life you want to live.......after that you're pretty much scum to them!! this is within all ranks aswell from privates to majors (even higher id guess but you rarely get to meet anyone higher than major!!)

anyway i digress.........again a big thanks to you all for getting back to me......its refreshing to know there are some good herated people out there!!!!

 

[formerbritsoldier]

what gets me the most is, as i already stated..... i want nothing from this country, i havent been to the hospital in years so i would be no burden on the healthcare system (though from what ive experienced of it via my fiancee, i shouldnt imagine there is much left to destroy in that aspect.......certainly makes you appreciate the NHS a bit more!!) and i would NEVER claim benefits so long as my legs could carry me!!!

im just a young man who fell in love....maybe i didnt give the months/years of plannig this kind of thing evidently needs, but at the time all i cared about was getting back to my girl........ it just feels like at the moment im being punished, effectively, for falling in love

 

[Marco2011]

what gets me the most is, as i already stated..... i want nothing from this country, i havent been to the hospital in years so i would be no burden on the healthcare system (though from what ive experienced of it via my fiancee, i shouldnt imagine there is much left to destroy in that aspect.......certainly makes you appreciate the NHS a bit more!!) and i would NEVER claim benefits so long as my legs could carry me!!!

im just a young man who fell in love....maybe i didnt give the months/years of plannig this kind of thing evidently needs, but at the time all i cared about was getting back to my girl........ it just feels like at the moment im being punished, effectively, for falling in love

Love can be painful in many ways, the good thing about it, you care! Anyway:
Heya, we are in the same boat, but I’m sitting a little more in the front: D

What i did,
i overstayed for 3 years in Canada (stupid me), went back home, took place back at my parents’ home (Yes not fun!!), found a job, started working, found my own place, got married in July with my awesome wife in the Netherlands, filled the sponsor papers, and now waiting, waiting, till I can return.
Go at your own will, and leave Canada, before they place you at that stupid holding center in Toronto when they catch you.
If you really love your women, and she does the same thing, than it will be Ok. It’s going to be a long process, but really.. if she and you are one.. you have to walk (wait) the path.
If you going to wait in Canada, its going nowhere.. you getting fights with yourself, and your girlfriend for the causes you know.
Just go back, let them pay your flight, (you have to pay it back when you return to Canada).
Go to the Salvation Army if it has to be, in England when you don’t have a place. Do the right steps, and you will be ok, consider.. what are some years on a life time!
That’s all advice i can give you.

 

[shamsia]

what gets me the most is, as i already stated..... i want nothing from this country, i havent been to the hospital in years so i would be no burden on the healthcare system (though from what ive experienced of it via my fiancee, i shouldnt imagine there is much left to destroy in that aspect.......certainly makes you appreciate the NHS a bit more!!) and i would NEVER claim benefits so long as my legs could carry me!!!

im just a young man who fell in love....maybe i didnt give the months/years of plannig this kind of thing evidently needs, but at the time all i cared about was getting back to my girl........ it just feels like at the moment im being punished, effectively, for falling in love

Well yes I see where you are coming from. And I see you are emotional too. I suggest you put the past behind you for now and concentrate on getting the immigration process started. The sooner you get back to the UK, get a job and apply for a working holiday program, the sooner you guys will have a proper future together.

Now is the time to start collecting all your evidences showing that you have stayed together, pictures, the works. Canada has a lot to offer and is a nice country to live in. So make sure you send them a level headed application with all the information they need

Another thought, why cant your fiance accompany you to the UK? Maybe she can get a job there and that way you both will be together atleast. Just a thought, maybe others can throw more light on how feasible this might be