Overstayed working Holiday but PR Approved

[Boons]

My Australian partner was on a working holiday visa that expired Dec 2018. He had applied for permanent residency in September 2018 and ended up deciding to go back home and wait instead of applying for restoration or a bridging visa. He left Canada January 2019 and his PR was approved March 2019. We are planning a trip to activate his PR but aren’t sure if the two week overstay will cause problems.

His lawyer suggested that it wouldn’t be a problem depending on the immigration officer and to explain that once he had decided to leave he needed a few weeks to get things in order and sell his belongings (car, furniture etc)

 

[Sachin Manro]

My Australian partner was on a working holiday visa that expired Dec 2018. He had applied for permanent residency in September 2018 and ended up deciding to go back home and wait instead of applying for restoration or a bridging visa. He left Canada January 2019 and his PR was approved March 2019. We are planning a trip to activate his PR but aren’t sure if the two week overstay will cause problems.

His lawyer suggested that it wouldn’t be a problem depending on the immigration officer and to explain that once he had decided to leave he needed a few weeks to get things in order and sell his belongings (car, furniture etc)

No
According to me, I don’t think so two weeks overstay would create any problem
Immigration has full of records
No need to be worry

 

[Bs65]

Only word of advice is to not volunteer any information or strike up a conversation to CBSA just present self at the border with COPR for processing. A couple weeks unlikely to be an issue although should really have formally applied to extend stay as a visitor to sell car etc. but at least he left and that would be a positive.

 

[jomz]

My Australian partner was on a working holiday visa that expired Dec 2018. He had applied for permanent residency in September 2018 and ended up deciding to go back home and wait instead of applying for restoration or a bridging visa. He left Canada January 2019 and his PR was approved March 2019. We are planning a trip to activate his PR but aren’t sure if the two week overstay will cause problems.

His lawyer suggested that it wouldn’t be a problem depending on the immigration officer and to explain that once he had decided to leave he needed a few weeks to get things in order and sell his belongings (car, furniture etc)

The COPR has an expiry date. Are you sure it is not expired?

 

[canuck_in_uk]

My Australian partner was on a working holiday visa that expired Dec 2018. He had applied for permanent residency in September 2018 and ended up deciding to go back home and wait instead of applying for restoration or a bridging visa. He left Canada January 2019 and his PR was approved March 2019. We are planning a trip to activate his PR but aren’t sure if the two week overstay will cause problems.

His lawyer suggested that it wouldn’t be a problem depending on the immigration officer and to explain that once he had decided to leave he needed a few weeks to get things in order and sell his belongings (car, furniture etc)

The overstay won't be a problem. He will be fine landing.

 

[star.igg]

My Australian partner was on a working holiday visa that expired Dec 2018. He had applied for permanent residency in September 2018 and ended up deciding to go back home and wait instead of applying for restoration or a bridging visa. He left Canada January 2019 and his PR was approved March 2019. We are planning a trip to activate his PR but aren’t sure if the two week overstay will cause problems.

His lawyer suggested that it wouldn’t be a problem depending on the immigration officer and to explain that once he had decided to leave he needed a few weeks to get things in order and sell his belongings (car, furniture etc)

Just don't bring it up. Lol. Canada does not maintain immigration records for exit but looking through the pages of a passport CBSA can establish when you left so like someone else said already, don't strike up a conversation about it.

 

[Bs65]

Just don't bring it up. Lol. Canada does not maintain immigration records for exit but looking through the pages of a passport CBSA can establish when you left so like someone else said already, don't strike up a conversation about it.

Not aware that passports are stamped on exit however if CBSA really wanted to see when someone left the country they could investigate flight manifests from an airline but only likely would think if looking into some major exception or investigation not a regular entry..

Note that CBSA are planning to start mandatory Airline exit reporting from next year so will close off this gap in the process which currently only covers land border exit records so assume CBSA at POE will start to have this information to hand.

https://www.cbsa-asfc.gc.ca/btb-pdf/eeair-esaerien-eng.html

 

[star.igg]

Not aware that passports are stamped on exit however if CBSA really wanted to see when someone left the country they could investigate flight manifests from an airline but only likely would think if looking into some major exception or investigation not a regular entry..

Note that CBSA are planning to start mandatory Airline exit reporting from next year so will close off this gap in the process which currently only covers land border exit records so assume CBSA at POE will start to have this information to hand.

https://www.cbsa-asfc.gc.ca/btb-pdf/eeair-esaerien-eng.html

Passports are stamped at arrival and any CBSA agent can figure out based on that when you would have left Canada.

 

[Bs65]

Passports are stamped at arrival and any CBSA agent can figure out based on that when you would have left Canada.

not actually true as CBSA no longer routinely stamp passports unless asked or they want to indicate a specific exit date. Specifically with airports that have inspection kiosks, most of the international POEs

https://www.cbsa-asfc.gc.ca/travel-voyage/pik-bip-eng.html?wbdisable=true

All totally irrelevant to the OPs post anyway who should have issues landing with a COPR assuming still valid.

 

[Boons]

The COPR has an expiry date. Are you sure it is not expired?

Yes he has until late January 2019 to enter Canada. It felt like a long allowance but is very convenient for us.

Thank you everyone for the information so far!

 

[star.igg]

not actually true as CBSA no longer routinely stamp passports unless asked or they want to indicate a specific exit date. Specifically with airports that have inspection kiosks, most of the international POEs

https://www.cbsa-asfc.gc.ca/travel-voyage/pik-bip-eng.html?wbdisable=true

All totally irrelevant to the OPs post anyway who should have issues landing with a COPR assuming still valid.

I meant when they arrive in a different country.