PLEASE HELP ME!!!!

[peachybear]

I believe I have overstayed in Canada for 8 months past my 90 days..

I genuinely thought my application was okay and received, i had no idea they didn't receive it until a few days ago.. So I thought i was implied status and I thought it was taking longer because it was 2 applications (visit extension & restoration of temporary residency)

as soon as I found out I booked flights

The thing is, I want to return to Canada in around 9-12 months to visit the friends I made here, I'd be able to show the border officer papers from work & school to show I have ties to the UK, I'm scared I won't be allowed to enter again

I'm worried that when I try to leave Canada they're going to book it as I overstayed, or fine me.. Many people told me not to mention the overstay and just stay out of the country for a long time before attempting to come back.

 

[canuck_in_uk]

I believe I have overstayed in Canada for 8 months past my 90 days..

I genuinely thought my application was okay and received, i had no idea they didn't receive it until a few days ago.. So I thought i was implied status and I thought it was taking longer because it was 2 applications (visit extension & restoration of temporary residency)

as soon as I found out I booked flights

The thing is, I want to return to Canada in around 9-12 months to visit the friends I made here, I'd be able to show the border officer papers from work & school to show I have ties to the UK, I'm scared I won't be allowed to enter again

I'm worried that when I try to leave Canada they're going to book it as I overstayed, or fine me.. Many people told me not to mention the overstay and just stay out of the country for a long time before attempting to come back.

You should have only been submitting one application to restore your status as a visitor. There is no Implied Status granted when applying for Restoration; a person can remain in Canada but is still out of status. If the Restoration app is refused, it essentially legalizes the person's stay retroactively to when they lost it. If the Restoration app is refused, the person is considered to have been out of status the entire time.

As I already advised in your other thread, you can just leave; there are no exit controls and there will not be a fine. Whether you are allowed back in again in a year, no one can say. However, if asked by CBSA or on any immigration applications, you will be required to state the overstay; if you don't, you will be committing fraud.

 

[peachybear]

You should have only been submitting one application to restore your status as a visitor. There is no Implied Status granted when applying for Restoration; a person can remain in Canada but is still out of status. If the Restoration app is refused, it essentially legalizes the person's stay retroactively to when they lost it. If the Restoration app is refused, the person is considered to have been out of status the entire time.

As I already advised in your other thread, you can just leave; there are no exit controls and there will not be a fine. Whether you are allowed back in again in a year, no one can say. However, if asked by CBSA or on any immigration applications, you will be required to state the overstay; if you don't, you will be committing fraud.

But I don't know exactly how long I did overstay, and how do they even know if I did ?

 

[scylla]

But I don't know exactly how long I did overstay, and how do they even know if I did ?

If you've overstayed 8 months past the 90 days - then you've overstayed 11 months. They will know based on when your original allowed stay / visa ended vs. when you leave.

That's a long overstay. Recommend you remain outside of Canada for a year before returning.

 

[peachybear]

If you've overstayed 8 months past the 90 days - then you've overstayed 11 months. They will know based on when your original allowed stay / visa ended vs. when you leave.

That's a long overstay. Recommend you remain outside of Canada for a year before returning.

So when I do come back even in a year they're going to question me about it..? Im not exactly sure of the dates thought since it all happened around May! I know it's been almost a year.. I'm very depressed because of this now..

Should I get the eta thing i think before i come back to canada?

 

[canuck_in_uk]

So when I do come back even in a year they're going to question me about it..? Im not exactly sure of the dates thought since it all happened around May! I know it's been almost a year.. I'm very depressed because of this now..

Should I get the eta thing i think before i come back to canada?

It's pretty easy to figure out when your status expired.

Yes, it is entirely possible that CBSA may question you about the overstay when trying to re-enter.

If you don't already have a valid eTA, yes, you will need to apply for one.

 

[canuck_in_uk]

I believe they asked me to leave by 10th may or 90 days apply for restoration :/

How are they going to know that I did overstay though, I thought there is no exit stamp.. I won't lie but would I need to mention it..?

So I will absolutely need to get at eTA even though I'm from a visa exempt country?

Did you not keep the letter?

Contiually asking "how will they know I overstayed" implies that you will lie about it if you can. This forum is not the place to seek advice about fraud.

Being visa-exempt means you need an eTA.

 

[peachybear]

I believe they asked me to leave by 10th may or 90 days apply for restoration :/

How are they going to know that I did overstay though, I thought there is no exit stamp.. I won't lie but would I need to mention it..?

So I will absolutely need to get at eTA even though I'm from a visa exempt country?

-EDIT I don't think I received a departure order, I thought those are for 30 days.. I

It's pretty easy to figure out when your status expired.

Yes, it is entirely possible that CBSA may question you about the overstay when trying to re-enter.

If you don't already have a valid eTA, yes, you will need to apply for one.

I believe they asked me to leave by 10th may or 90 days apply for restoration because I made a mistake on my first visa application they said to reapply within the 90 days or go so I did reapply, I found out today they never received my application. so.. :/ I don't think I've gotten a departure order because aren't those 30 days? I didn't get one in the mail, I don't even know what it looks like or anything..

How are they going to know that I did overstay though, I thought there is no exit stamp.. I won't lie but would I need to mention it..?

So I will absolutely need to get at eTA even though I'm from a visa exempt country?

 

[peachybear]

Did you not keep the letter?

Contiually asking "how will they know I overstayed" implies that you will lie about it if you can. This forum is not the place to seek advice about fraud.

Being visa-exempt means you need an eTA.

I dont think so, I couldn't find it within my files.. stupid me i know.

I won't lie, I'm just curious as to how they actually do know! I will be honest with them..

I didnt need it first time i came here though, does it help me get back in or?

 

[Buletruck]

Of course you need to mention it.

Well, if you got a letter saying you need to leave, and didn't apply for restoration, they will expect you to provide proof of a departure within the 30 days they gave you. You don't supply the proof, they will automatically assume you overstayed. They can also figure it out from passport stamp.

 

[canuck_in_uk]

I dont think so, I couldn't find it within my files.. stupid me i know.

I won't lie, I'm just curious as to how they actually do know! I will be honest with them..

I didnt need it first time i came here though, does it help me get back in or?

The eTA did not become mandatory until the end of 2016. No, it does not help you get back in.

 

[peachybear]

Of course you need to mention it.

Well, if you got a letter saying you need to leave, and didn't apply for restoration, they will expect you to provide proof of a departure within the 30 days they gave you. You don't supply the proof, they will automatically assume you overstayed. They can also figure it out from passport stamp.

It said 90 days not 30.. And I did apply, they didn't receive my application, I don't have my application number I only have my UCI from previous visas

I'm not planning to come back for an entire year.. At that time I will have proof that I will be returning after my visit..

 

[peachybear]

The eTA did not become mandatory until the end of 2016. No, it does not help you get back in.

Alright thanks

 

[Buletruck]

It said 90 days not 30

OK, 90 days. You still didn't leave within the time required. Your departure information will be about 9 months past the date you were expected to leave, hence an overstay.