Will I be refused entry (previous overstay)?

[AilsaBound]

Hi all,

Any help, information or further reading regarding my situation would be much appreciated.

I was on a WHV (from the UK) in Canada from Jan 2014 - Jan 2015.

I overstayed by 3 weeks, not leaving till mid-February 2015.

My (now ex-)girlfriend and I had filled in visa extension forms that she was going to send away to immigration. We intended to take advantage of the 'implied status' loophole; knowing full well that our actual extension forms would be rejected.

We were earning good money and were saving up for a deposit on a flat, wanting the extra months wage we would have earned to put towards this.

We split up in January 2015; she left Canada and I stayed on alone. We weren't speaking and long story short: she'd never sent the forms away.

So technically I worked for 10 days illegally and overstayed my visa by 26 days.

When I left Canada, immigration officials were carrying out a random currency spot check on my flight and on my 'turn' discovered my WHV. When questioning why I'd overstayed, I explained to them that I'd sent away the aforementioned forms but decided not to wait for my decision. Going on to explain that my girlfriend and I had split up, etc, etc.

The official advised that this (applying for an extension) was common and not to worry, but explained he'd have to take my details to check over and I that I wouldn't be allowed to leave Canada with the paper copy of my visa, as this wasn't allowed. I was fine with all he said, apologized for my lack of knowledge regarding removing the visa and I went on my merry way, getting the plane home.

I have an invite to a wedding in Banff in the summer of 2016. So, now, with the knowledge that those forms were never sent, I'm extremely worried about my return to Canada and what could happen. I'd be staying for around 10 days.

Some additional information:
I still have the same passport.
I filed taxes for 2014, but not yet for 2015 (and don't intend to).
I worked in the same place for the entire duration of the visa.
I have never heard from any Canadian officials since I left in February of this year.

 

[scylla]

You should be fine to enter Canada. Make sure you have a return flight ticket and I would bring proof (in case you are asked) of your ties to the UK (e.g. employment).

FYI - WHVs are a special class of work permit that can't be extended and don't benefit from implied status. So even if your ex had submitted the extension application, any work you would have done after the expiry of your WHV would still have been illegal.

 

[AilsaBound]

You should be fine to enter Canada. Make sure you have a return flight ticket and I would bring proof (in case you are asked) of your ties to the UK (e.g. employment).

FYI - WHVs are a special class of work permit that can't be extended and don't benefit from implied status. So even if your ex had submitted the extension application, any work you would have done after the expiry of your WHV would still have been illegal.

Hi Scylla,

Many thanks for your prompt response. I clearly wasn't aware of that issue with the WHV, so thanks for that too.

When you say 'should' be fine; I presume it's all down to the immigration official on the day? I'm just very paranoid that I'll be stopped and sent back home at further expense, meaning I'd be set to lose a fair amount of £.

Do you - or anyone else? - know if the new pre-authorisation system for UK nationals being in place at that time would make a difference? i.e not getting sent from the initial desk through to the immigration room?

 

[scylla]

Ultimately whether you are allowed into Canada or not is up to the CBSA officer you speak to at the border. There's nothing you can do to guarantee you will be allowed in. The eTA process is brand new so it would be difficult for any of us to guess how this will impact the process. But holding an eTA certainly won't guarantee entry. Nothing guarantees entry.

FYI - In the event you are sent back home the airline would fund this by using the return portion of your ticket.

 

[AilsaBound]

Thank you Scylla!

Anyone with any direct experience of a situation similar to mine, It would be ace to hear your experiences