Returning to Canada after one year exclusion

[Josephmyatt1996]

I was given a one year exclusion last December for an overstay. I recently submitted my spousal sponsorship for PR application a couple of weeks ago. And am hoping to return in two weeks when my one year exclusion is up.
if anyone could offer some insight or similar stories that would be great.
I understand I can’t apply for a visitor visa until the 15th of December when the exclusion order is up. Do you think I’ll have trouble with that? Should I be applying a couple days after the 15th? Or will arriving on the 15th be alright?
Do you think it’s wise to be entering Canada the day my order ends? Or should I give it a couple days?
Upon arriving in canada, should I expect trouble with a port of entry officer? Do you have any suggestions to make sure that goes smoothly?

I just really want to be back home with my very pregnant wife and family. And I want to make sure I’m doing everything correctly.

If someone could find the time to offer some insight or advice on these questions, it would mean the world.

 

[scylla]

I was given a one year exclusion last December for an overstay. I recently submitted my spousal sponsorship for PR application a couple of weeks ago. And am hoping to return in two weeks when my one year exclusion is up.
if anyone could offer some insight or similar stories that would be great.
I understand I can’t apply for a visitor visa until the 15th of December when the exclusion order is up. Do you think I’ll have trouble with that? Should I be applying a couple days after the 15th? Or will arriving on the 15th be alright?
Do you think it’s wise to be entering Canada the day my order ends? Or should I give it a couple days?
Upon arriving in canada, should I expect trouble with a port of entry officer? Do you have any suggestions to make sure that goes smoothly?

I just really want to be back home with my very pregnant wife and family. And I want to make sure I’m doing everything correctly.

If someone could find the time to offer some insight or advice on these questions, it would mean the world.

- I would recommend waiting until 1 day after you are sure the exclusion order has ended. Do not apply early.
- Make sure you declare the exclusion in your application.
- Are you applying for an eTA or TRV? Regardless, expect processing will take longer.
- I don't understand how it is possible for you to enter Canada on the day your exclusion order ends. You have to apply for the eTA / TRV first and that has to be approved before you can travel.
- Don't book an airline ticket until you have the approved eTA or TRV in hand.
- When you come to Canada, make sure you have a return ticket and keep the length of your trip reasonable (e.g. a couple of weeks or less). It can't look like you're coming to Canada and intend to live here. As always, it's up to the CBSA officer if you are allowed into Canada and for how long. It's impossible for any of us to say to what extent you may be questions or not when you arrive.

 

[Josephmyatt1996]

Replying to the part where you said “it can’t look like you’re coming to Canada to live here”. I submitted a PR application a few weeks ago. My lawyer says signalling that I have “dual intention” in the form of wanting to live in Canada permanently after my PR is approved and becoming a visitor for a temporary period is very important.
Would you disagree? Sorry just trying to make sure I do it all properly.
And having a return ticket is important? I assumed so. Will they check bank funds at all?

 

[scylla]

Replying to the part where you said “it can’t look like you’re coming to Canada to live here”. I submitted a PR application a few weeks ago. My lawyer says signalling that I have “dual intention” in the form of wanting to live in Canada permanently after my PR is approved and becoming a visitor for a temporary period is very important.
Would you disagree? Sorry just trying to make sure I do it all properly.
And having a return ticket is important? I assumed so. Will they check bank funds at all?

You can try the dual intent route. I think it's much less clear what will happen in your case given the exclusion order (which indicates a prior abuse of the visitor privilege) and given you're trying to come back immediately after the exclusion order has ended. IRCC may not like that regardless of the spousal sponsorship application. Or you might be fine. Really impossible to say.

I would definitely have a return ticket.

 

[Kananaskis]

I was given a one year exclusion last December for an overstay. I recently submitted my spousal sponsorship for PR application a couple of weeks ago. And am hoping to return in two weeks when my one year exclusion is up.
if anyone could offer some insight or similar stories that would be great.
I understand I can’t apply for a visitor visa until the 15th of December when the exclusion order is up. Do you think I’ll have trouble with that? Should I be applying a couple days after the 15th? Or will arriving on the 15th be alright?
Do you think it’s wise to be entering Canada the day my order ends? Or should I give it a couple days?
Upon arriving in canada, should I expect trouble with a port of entry officer? Do you have any suggestions to make sure that goes smoothly?

I just really want to be back home with my very pregnant wife and family. And I want to make sure I’m doing everything correctly.

If someone could find the time to offer some insight or advice on these questions, it would mean the world.

Hey Joseph, can you please share some details about what did you end up doing for the eTA? Did you state your dual intent?

Thanks

 

[Josephmyatt1996]

Of course!
I waited two days after my exclusion order to end and then applied for my ETA. It took about four days to come through.
The airport was easier than I thought. Of course CBSA pulled me aside for more questioning. I showed them my PR application and my dual intent, and that was it.

 

[Kananaskis]

Of course!
I waited two days after my exclusion order to end and then applied for my ETA. It took about four days to come through.
The airport was easier than I thought. Of course CBSA pulled me aside for more questioning. I showed them my PR application and my dual intent, and that was it.

Thank you very much!
What do you mean you showed your dual intent? Did you write a letter or is there some sort of form? I'm asking because I am in a similar situation.
My next question was going to be about the airport, did you tell them you just wanted to be reunited with your spouse while waiting and if it was denied you would leave the country?

 

[Josephmyatt1996]

They asked for my reasoning for returning to Canada. I then showed them my PR application and mentioned that I will be returning to see my wife (Canadian citizen) and the birth of my first child.
I made it very clear to them that I understood I was unable to work until I received my AOR from my PR and until I received an approved work permit.
Bring copies of everything with you for when you land in Canada. I took proof of PR application, marriage certificate and everything else I thought would be useful in my situation.
At the end of the day, I was terrified about landing back in Canada, but all in all, keep your calm and just be prepared. They just want to make sure that you have learnt your lesson.
I was granted a six month visitor visa within five minutes.

 

[Kananaskis]

They asked for my reasoning for returning to Canada. I then showed them my PR application and mentioned that I will be returning to see my wife (Canadian citizen) and the birth of my first child.
I made it very clear to them that I understood I was unable to work until I received my AOR from my PR and until I received an approved work permit.
Bring copies of everything with you for when you land in Canada. I took proof of PR application, marriage certificate and everything else I thought would be useful in my situation.
At the end of the day, I was terrified about landing back in Canada, but all in all, keep your calm and just be prepared. They just want to make sure that you have learnt your lesson.
I was granted a six month visitor visa within five minutes.

Thank you again for explaining your situation! Hopefully I can get the same result as you did. I really just want to be with my wife.

 

[Josephmyatt1996]

Mate of course! I spent 12 months away from my wife. And she was pregnant for a chunk of it aswell. It was incredibly hard. I know the feeling! And finding information on these circumstances is really tough I found. So if you ever need any more help or advice, seriously just reach out on this thread or email me at joemyatt@hotmail.com.

 

[Kananaskis]

Really thanks for that, I will send you an email shortly with some other info if you can help us as well.
Yeah I definitely know the feeling. My wife isn't pregnant yet but the distance just kill us. Even though we can spend vacations together it is literally only 2 weeks out of a whole year.