Overstay spouse

[canuck78]

He does not have any health issues so far as we know. He previously did medicals and it was all normal. The thing is we just want to get things out of the plate and thought we could do medicals together tomorrow.

It appears that you have decided to do it. Nothing stopping you but don’t think it is a great idea.

 

[thutha]

It appears that you have decided to do it. Nothing stopping you but don’t think it is a great idea.

In that case, I will just do mine and we will wait for him to get instructions then. Just don’t want to trigger anything and get any orders for him as he is already voluntarily leaving Canada. I don’t want to jeopardize this application in anyway.

 

[thutha]

It appears that you have decided to do it. Nothing stopping you but don’t think it is a great idea.

Hello I have a doubt, I am thinking of writing an LOE for my application. I will mention that my spouse is non accompanying. At the same time, I would like to know if I should mention about his overstay? Thank you!

 

[canuck78]

Hello I have a doubt, I am thinking of writing an LOE for my application. I will mention that my spouse is non accompanying. At the same time, I would like to know if I should mention about his overstay? Thank you!

Mention it, apologize and admit this was an error in judgment.

 

[thutha]

Okay thank you! I will mention that he is outside Canada, which does not make him inadmissible as he left the country voluntarily and his overstay was result of poor judgement.

 

[canuck78]

Okay thank you! I will mention that he is outside Canada, which does not make him inadmissible as he left the country voluntarily and his overstay was result of poor judgement.

It is important to apologize on his behalf. Canada likes to see that people realize they made and error and that they take ownership of the error and are sorry.

 

[thutha]

It is important to apologize on his behalf. Canada likes to see that people realize they made and error and that they take ownership of the error and are sorry.

Thank you for your reply! Do you know if they can refuse my application because of his overstay? When we did ATIP for his TRP, the note mentioned A41(a) and R7(1). He is leaving in two weeks.

 

[canuck78]

Thank you for your reply! Do you know if they can refuse my application because of his overstay? When we did ATIP for his TRP, the note mentioned A41(a) and R7(1). He is leaving in two weeks.

No it shouldn’t be an issue if it is a simple overstay. Was he previously a citizen?

 

[canuck78]

He is indian, he came as an international student, couldn’t complete studies due to financial issues. During that time, we were dating and married and he got his open work permit. During Covid, we applied to restore his status but we did not see a request letter from the officer, after that in 2022 November they refused it. In the same year, we did TRP which was refused in 2023, another TRP in 2023 and refused again and we did a new one in January. He never worked without authorization and we have been living in my income as well as our savings. I have some childhood trauma and the new application is based on that, the reason for his overstay etc. now he is leaving in two weeks, so I can submit this application in April.

Has he met with CBSA?

 

[thutha]

Has he met with CBSA?

No call in notice or anything. No emails or mails from them. From IRCC, only the refusals.

 

[canuck78]

No call in notice or anything. No emails or mails from them. From IRCC, only the refusals.

Obviously doesn’t look great but shouldn’t be an issue once he leaves

 

[thutha]

Obviously doesn’t look great but shouldn’t be an issue once he leaves

He is leaving in two weeks. My lawyer said he will no longer be inadmissible if he leaves Canada. We have been living at the same address for the past 4 years and we have not received any correspondence from them.