Tourist Visa - Need help with a couple of odd issues

[inshadesofblue]

Hi there,

I was previously thinking of applying for a PR (to get rid of this constant need of applying for visas again and again), but decided that the matter at hand is slightly more urgent.

FACTS
- I am NOT from a visa-exempt country
- I was on a student permit, then a work permit in Canada and stayed for a total of 3 years
- My wife is a Canadian citizen (we met in Canada) - we have been married for 6 years, and have traveled across the world together extensively
- My wife has a 5-year spousal visa for my home country

TIES TO MY HOME COUNTRY
- We have a family business (a hotel, and a few properties in my mother's name - I am on the list of board of directors with her). We have another hotel coming up in another city soon
- Business IT returns/personal returns, assets (in company's name) etc
- My mother still lives here (my father passed away in 2008)

ISSUES
- In 2010, we decided to leave Canada for good so we could come back and handle my family business. In the process of wrapping up our life together (getting necessary approvals for our dogs to travel with us, my wife's visa etc), I ended up OVERSTAYING for 29 days (but quit my job before my visa expired).
- I left voluntarily in the end (and there was no removal order or anything from CIC)

URGENT CIRCUMSTANCES
- In 2012, we started the IVF process (to have a baby) in my home country, but nothing has worked so far (we have extensive medical records to prove it). My wife is 35, and this is our last chance to have a baby as age plays a big factor (the Doctor's words, not mine).
- My wife wants to go back to Canada and get fertility treatment in Canada, and start the IVF process there, therefore, we would need to go there in the next 1-2 months.
- I was planning to apply for PR and wait, but I would be needed for the IVF treatment, so that's out of the question.

QUESTIONS
1- How will the overstay affect my application for a tourist visa? (I did not apply for the restoration of status, which i could have under 90 days of my status expiring)
2- What can I do to make my application stronger?
- I have an extensive travel history and this overstay was the first-ever (and definitely the last) mistake.
- I am getting a Police clearance certificate from my home country, and Switzerland (i lived there for 3 years)

Any help would be appreciated. Thank you. This forum rocks

 

[Regina]

I do not think you overstay will get you in trouble.

Go to Canada with your wife on visitor visa in a province were for getting health care you do not have to wait 2-3 months (if wish) , establish yourself there (rent a house/apartment, let your wife find a job or have the proof that you have income) and let your wife sponsor you.
BUT do not forget :
1. you have to extend your stay (TVR)every 6 months till you get your PR.
2. You may get Open work permit while you are in the process of getting PR
3. She as a sponsor for her husband only (no kids yet) does not have to work or even have any income. However, it is always good to show СIС some income in the family.

 

[inshadesofblue]

Thanks for your reply.

- So - how do I explain the overstay? (I know everybody says this and it sounds like an excuse, but I really did have pressing issues: my wife's application for visa for my home country had gotten rejected the 1st time we applied, and it took a while to get a No Objection Certificate for our dogs, resulting in the overstay)

I am getting my father-in-law's bank statements, and a letter from him saying we'd be staying with him temporarily. We don't really own anything in Canada, so we don't really have a reason to stay back. I am planning to come back to my home country and apply for PR because it's too expensive to live in Canada while I wait for the PR (and without a job, it's next to impossible for us). Atleast in my home country, I have a source of income.

 

[inshadesofblue]

anyone?

 

[Regina]

Always tell the truth. I am sure border officer heard a lot of wierd stories and explanations, so one more could not surprise him much.

I am planning to come back to my home country and apply for PR because it's too expensive to live in Canada while I wait for the PR (and without a job, it's next to impossible for us). Atleast in my home country, I have a source of income.

So, you are just visiting your wife's father? Then visit. I do not see any problem.

 

[inshadesofblue]

Thanks for your reply.

Sorry for being persistent (or pesky) - but how do i make my application stronger?

 

[kaisin82]

i thought canada do not check on people exiting the country? i might be wrong in this....

 

[Regina]

They do not. But when you entry even your home country you got a stamp in your passport. So CIC could think when you left Canada and if you went through other countries.

 

[inshadesofblue]

Exactly. Plus, I am going to admit to the overstay (no doubt about it) because its better to be upfront. I am just scared it'll hurt my tourist visa chances.

 

[Regina]

to the overstay (no doubt about it) because its better to be upfront

Hm... if ONLY they ask you a question about that (on the form or at POE). Otherwise do not tell them too much if you are not asked!

 

[inshadesofblue]

Got the Visa!!

FYI - I got my tourist visa in 11 days from submission day to stamped passport (valid for 6 months, multiple entry even though i asked for a 2 month-single entry)

This is in spite of a previous criminal charge (don't worry, I wasn't doing anything shady - it was for protesting for a cause), and a previous overstay of the Canadian Visa.

However, I did put in a very solid application package - it looked more like a PR application than for a tourist visa.

thank you all

 

[kaisin82]

Out of curiosity, canada doesn't do a exit stamp and what if home country they do not give a stamp for entering( scanning of fingerprint only) , how do they check how long are u in canada?

 

[inshadesofblue]

They don't do an exit stamp - its true, and if the country you enter only takes a fingerprint (and doesn't give a stamp), its true your passport won't show what date you left canada and when you entered that *other* country.

BUT, on the forms, there is a question where you mention your entire travel history (past 10 years) where you mention the entry/exit months etc. Lying on this form could get you barred for life, and its really not worth the risk. The Canadian visa officers are understanding people, and I wrote a 2-page letter explaining why i overstayed and how i could have avoided it, and the steps i will take so it does't happen again. They gave me the visa in 11 days (9 business days).

Out of curiosity, canada doesn't do a exit stamp and what if home country they do not give a stamp for entering( scanning of fingerprint only) , how do they check how long are u in canada?