Overstaying in the UK

[TSamy99]

getting to the point
i am from bangladesh, I had student visa of the UK, i’ve overstayed for some circumstances for 2 years now i want to return to my country back and start all over again as im frustrated of this life. My wife got her student visa and she will be moving to canada soon after i come back she wants to apply for me as her spouse. Now as far as i know as i have overstayed it will be a problem for me tho im not sure. I really need some advice on what should i do. Im planning on going to canada for staying with my wife because it would be hard of us live like this for more years. Is there any possibility that my application will be granted? Should i give it a try?

 

[scylla]

getting to the point
i am from bangladesh, I had student visa of the UK, i’ve overstayed for some circumstances for 2 years now i want to return to my country back and start all over again as im frustrated of this life. My wife got her student visa and she will be moving to canada soon after i come back she wants to apply for me as her spouse. Now as far as i know as i have overstayed it will be a problem for me tho im not sure. I really need some advice on what should i do. Im planning on going to canada for staying with my wife because it would be hard of us live like this for more years. Is there any possibility that my application will be granted? Should i give it a try?

You'll need to declare the overstay in your application to Canada. Ideally you would remain in your home country for s while and reestablish ties before applying to Canada. Just make sure you declare the overstay. You don't want to end up with a ban from Canada. Good luck.

 

[TSamy99]

You'll need to declare the overstay in your application to Canada. Ideally you would remain in your home country for s while and reestablish ties before applying to Canada. Just make sure you declare the overstay. You don't want to end up with a ban from Canada. Good luck.

Can you kindly tell me what should be the minimum time frame of staying in my home country to reestablish ties ?

 

[scylla]

Can you kindly tell me what should be the minimum time frame of staying in my home country to reestablish ties ?

It's impossible to answer this question definitively. There's no black and white rule.

Ideally you would want to return to your home country and live there for at least 6-8 months before applying to come to Canada. But none of us can guess what might happen. This might be enough or it might not. It's very hard to say with a 2 year overstay in another country.

 

[Copingwithlife]

getting to the point
i am from bangladesh, I had student visa of the UK, i’ve overstayed for some circumstances for 2 years now i want to return to my country back and start all over again as im frustrated of this life. My wife got her student visa and she will be moving to canada soon after i come back she wants to apply for me as her spouse. Now as far as i know as i have overstayed it will be a problem for me tho im not sure. I really need some advice on what should i do. Im planning on going to canada for staying with my wife because it would be hard of us live like this for more years. Is there any possibility that my application will be granted? Should i give it a try?

So you’re still in the UK without status ?
Has the UK given you a departure order ? Two years is a long time. Could be an issue . Shows that you haven’t followed the immigration rules set out by the country you are visiting . Who is to say you’ll follow the immigration rules for Canada? That’s one of the reasons countries have information sharing in regards to individuals applying for visas .
If you get denied , your wife will have to make a decision whether to go it alone or not

 

[TSamy99]

So you’re still in the UK without status ?
Has the UK given you a departure order ? Two years is a long time. Could be an issue . Shows that you haven’t followed the immigration rules set out by the country you are visiting . Who is to say you’ll follow the immigration rules for Canada? That’s one of the reasons countries have information sharing in regards to individuals applying for visas .
If you get denied , your wife will have to make a decision whether to go it alone or not

okay thanks for the info. just out of curiosity if im denied will be able to apply again or hire an immigration lawyer by any chance?

 

[scylla]

okay thanks for the info. just out of curiosity if im denied will be able to apply again or hire an immigration lawyer by any chance?

Yes, you'll be able to apply again provided there are no complexities with your first application. Specifically, you need to make sure you are 100% accurate in your first application regarding your immigration history in the UK. You want to avoid any chance of a misrepresentation finding and ban from Canada.

 

[Simba112]

Can you kindly tell me what should be the minimum time frame of staying in my home country to reestablish ties ?

Leave the UK, find permanent job back home, and or property to have strong economic tiers. Since your spouse is moving to Canada, you may need to overcome social/family tier. Because you overstayed 2years+ in UK, I guess UK guidelines is if you dont leave after 30days, you may be banned from 1year to 10years depending on when you leave the UK, whether voluntary or deported and cost of returning home. Visa office will pick information and make decision..If you wife period of study is, lets say 2years and you are banned for 5years that lower your chances, but you can submit application and be honest in your application

 

[TSamy99]

Leave the UK, find permanent job back home, and or property to have strong economic tiers. Since your spouse is moving to Canada, you may need to overcome social/family tier. Because you overstayed 2years+ in UK, I guess UK guidelines is if you dont leave after 30days, you may be banned from 1year to 10years depending on when you leave the UK, whether voluntary or deported and cost of returning home. Visa office will pick information and make decision..If you wife period of study is, lets say 2years and you are banned for 5years that lower your chances, but you can submit application and be honest in your application

i dont have any problem regarding economic tiers so i hope that will be fine but about the ban part you mentioned are you talking bout my ban-in UK and referring to this ban you’re saying that i have lower chances? sorry couldn’t catch that part.

 

[Simba112]

i dont have any problem regarding economic tiers so i hope that will be fine but about the ban part you mentioned are you talking bout my ban-in UK and referring to this ban you’re saying that i have lower chances? sorry couldn’t catch that part.

Sorry, i was referring the one in UK. Not sure if there’s one alreadtly but i was referring in case that happen, which will.

 

[TSamy99]

Sorry, i was referring the one in UK. Not sure if there’s one alreadtly but i was referring in case that happen, which will.

Oh i see yeah im aware that’ll happen, at last every action has its consequences. Fingers crossed and hoping for the best! I don’t wanna stay far from her after all these years. Anyways thanks a bunch to everyone who advised. Cheers’

 

[moscatojuices]

I think the reason you overstayed in the UK is important - what exactly was the reason?

 

[canuck78]

Was your wife already married when she applied for her study permit? Did you get married in the UK or before arriving to the UK? Some countries allow for proxy marriages but Canada requires that both spouses be present in person at the wedding which is why I ask.

 

[moscatojuices]

I can't see any fathomable reason you overstayed for 2 years - COVID or not. I would prepare for a rejection from IRCC (if I was an immigration officer, I'd reject you. Sorry. 2 days is one thing, 2 months is borderline, 2 years is unacceptable)

 

[TSamy99]

I have some problems in my home country

Was your wife already married when she applied for her study permit? Did you get married in the UK or before arriving to the UK? Some countries allow for proxy marriages but Canada requires that both spouses be present in person at the wedding which is why I ask.

no we were married even before my arrival to the UK