Advice- Voluntarily leaving Canada After overstayed

[Juuluu]

I was recently on student visa and my student visa expired. I overstayed my student visa for one year.

The reason for this was because I was applying for a work visa after my 4 year study period and was waiting on the answer but got rejected. Then my passport was expiring so I was applying for a new passport from Canada and it took a while to process abroad.

When my passport arrived my partner and I were trying to apply for common law because we didn’t want to get married yet. The person who was helping us with the documents told me to leave Canada and come back in to Canada a visitor as my student visa expired In order for me to apply for common law. Then my new status would be visitor visa instead of student visa.

I left Canada recently to the US by car and when I tried to reenter they did not allow me in. And told me that’s i overstayed and they would not allow me in at that moment. They said that I can appeal the situation or just voluntarily leave Canada. I chose to voluntarily leave. But either way I was not allowed to enter Canada.

It’s been over a month now and my partner and I have gotten married instead. My partner is a Canadian citizen by birth.

Do you think if I try to enter Canada now, this time by plane/air would they allow me to enter? I’m from a visa exempted country.


Is voluntarily leaving the same as being deported? Is there anyway I can get the information written on my record?

 

[scylla]

I was recently on student visa and my student visa expired. I overstayed my student visa for one year.

The reason for this was because I was applying for a work visa after my 4 year study period and was waiting on the answer but got rejected. Then my passport was expiring so I was applying for a new passport from Canada and it took a while to process abroad.

When my passport arrived my partner and I were trying to apply for common law because we didn’t want to get married yet. The person who was helping us with the documents told me to leave Canada and come back in to Canada a visitor as my student visa expired In order for me to apply for common law. Then my new status would be visitor visa instead of student visa.

I left Canada recently to the US by car and when I tried to reenter they did not allow me in. And told me that’s i overstayed and they would not allow me in at that moment. They said that I can appeal the situation or just voluntarily leave Canada. I chose to voluntarily leave. But either way I was not allowed to enter Canada.

It’s been over a month now and my partner and I have gotten married instead. My partner is a Canadian citizen by birth.

Do you think if I try to enter Canada now, this time by plane/air would they allow me to enter? I’m from a visa exempted country.


Is voluntarily leaving the same as being deported? Is there anyway I can get the information written on my record?

No - you cannot get the information that's written on your record. However you can be certain the denial of entry has been recorded and will come up each time you try to enter Canada.

If you were refused entry a month ago and overstayed for a year, it's almost certainly too early to return to Canada. A year is a long overstay. If the US is your home country, you should work to establish ties there for 6+ months before attempting to return. Ties are things like employment, property rental/ownership, etc. If the US is not your home country, then you should return to your home country and establishes ties there for a number of months before attempting to return.

Your partner can apply to sponsor you in the meantime using the outland sponsorship process.

 

[Juuluu]

No - you cannot get the information that's written on your record. However you can be certain the denial of entry has been recorded and will come up each time you try to enter Canada.

If you were refused entry a month ago and overstayed for a year, it's almost certainly too early to return to Canada. A year is a long overstay. If the US is your home country, you should work to establish ties there for 6+ months before attempting to return. Ties are things like employment, property rental/ownership, etc. If the US is not your home country, then you should return to your home country and establishes ties there for a number of months before attempting to return.

Your partner can apply to sponsor you in the meantime using the outland sponsorship process.

To be exact it was 8 months, does it make a difference? I got rejected for the work visa after four years of university. My temporary resident visa expired.

I’m not a US resident, currently just on a visitor visa in USA. Just got married in the states a month after voluntarily leaving Canada. Since I got rejected I have considered going back to my country but my car and all my belongings are still in Canada.

Even if I’m married and I’m from a visa exempted country and my partners a citizen, I’ll get rejected if I try to enter? Is there any way I can enter to just settle those things, like clear up the house and sell the car?

If I fly in from USA to Canada by air is there a less likelihood I’ll get rejected entrance?

 

[scylla]

To be exact it was 8 months, does it make a difference? I got rejected for the work visa after four years of university. My temporary resident visa expired.

I’m not a US resident, currently just on a visitor visa in USA. Just got married in the states a month after voluntarily leaving Canada. Since I got rejected I have considered going back to my country but my car and all my belongings are still in Canada.

Even if I’m married and I’m from a visa exempted country and my partners a citizen, I’ll get rejected if I try to enter? Is there any way I can enter to just settle those things, like clear up the house and sell the car?

If I fly in from USA to Canada by air is there a less likelihood I’ll get rejected entrance?

8 months is still a pretty long overstay. The marriage may make things worse rather than better since it may make IRCC more concerned you have plans on remaining in Canada long term (and aren't just a visitor). No real difference between flying and crossing through a land border. In both cases it's possible you may have problems and there's no way to guarantee entry (even if it's just a short visit to settle things). It will be up to the CBSA officer if you are allowed in (and for how long) or refused. The fact you are in the US as a visitor weakens your case unfortunately. But you can certainly give it a shot and see what happens. If it looks like you're going to be refused, just take the refusal and don't argue. You don't want to end up with an exclusion order (i.e. 1 year ban).

 

[Juuluu]

8 months is still a pretty long overstay. The marriage may make things worse rather than better since it may make IRCC more concerned you have plans on remaining in Canada long term (and aren't just a visitor). No real difference between flying and crossing through a land border. In both cases it's possible you may have problems and there's no way to guarantee entry (even if it's just a short visit to settle things). It will be up to the CBSA officer if you are allowed in (and for how long) or refused. The fact you are in the US as a visitor weakens your case unfortunately. But you can certainly give it a shot and see what happens. If it looks like you're going to be refused, just take the refusal and don't argue. You don't want to end up with an exclusion order (i.e. 1 year ban).

Can you explain to me what you mean by being a US visitor weakens my case? Do you think I should go to another country or home country first and then fly into Canada ? Would that help?

Let’s say I do try to fly and enter Canada again. Based on my case, what are the potential scenarios that can happen when I attempt to enter Canada?

1) I successfully enter with no problems
2) I get rejected and they refuse my entrance
3) voluntarily leave
4) what are the other scenarios that can happen?

Can you explain to me what voluntary leave considered? Is it considered refusal of entry? Or deported? Or what does it mean?

Can they put me in jail/detention after trying to enter after I overstayed? I heard someone got out put into jail because they tried to reenter after overstaying. They weren’t deported but left themselves after overstaying and then tried to reenter. But got put in jail.

 

[Wonderland_1010]

Can you explain to me what you mean by being a US visitor weakens my case? Do you think I should go to another country or home country first and then fly into Canada ? Would that help?

Let’s say I do try to fly and enter Canada again. Based on my case, what are the potential scenarios that can happen when I attempt to enter Canada?

1) I successfully enter with no problems
2) I get rejected and they refuse my entrance
3) voluntarily leave
4) what are the other scenarios that can happen?

Can you explain to me what voluntary leave considered? Is it considered refusal of entry? Or deported? Or what does it mean?

Can they put me in jail/detention after trying to enter after I overstayed? I heard someone got out put into jail because they tried to reenter after overstaying. They weren’t deported but left themselves after overstaying and then tried to reenter. But got put in jail.

What scylla meant that being in the US without permanent status such as a visitor status does not help your case because you are in a country that has no home ties to which shows that you do not want to go back to your home country and is willing to overstay again. Secondly you haven't lived in your home country longer than you should have stay in Canada which also shows that you will try to stay in Canada longer than you should be allowed to.

In my opinion you trying to enter Canada after being denied entry again does not look good. Possible situation that can happen is CBSA officers will issue you an exclusion order and ban you from entering Canada for one year. You will probably have difficulty in obtaining any visa from Canada in the future.

 

[scylla]

1) I successfully enter with no problems
2) I get rejected and they refuse my entrance
3) voluntarily leave
4) what are the other scenarios that can happen?

You could receive an exclusion order. An exclusion order would ban you from re-entering Canada in any capacity for a full year. It's rare - but does happen. It's unlikely you would be held - but this could happen for a very short time if you fly in, are refused entry, and are then sent back on the next flight home. In that case they could put you in an immigration hold while they wait for that return flight.

Best option would be to return to your home country and remain there for several months before attempting a trip back to Canada. When you come back to Canada, you should keep the trip short (1 week preferably).

 

[russ6970]

To be exact it was 8 months, does it make a difference? I got rejected for the work visa after four years of university. My temporary resident visa expired.

I’m not a US resident, currently just on a visitor visa in USA. Just got married in the states a month after voluntarily leaving Canada. Since I got rejected I have considered going back to my country but my car and all my belongings are still in Canada.

Even if I’m married and I’m from a visa exempted country and my partners a citizen, I’ll get rejected if I try to enter? Is there any way I can enter to just settle those things, like clear up the house and sell the car?

If I fly in from USA to Canada by air is there a less likelihood I’ll get rejected entrance?

I got rejected for the work visa after four years of university. My temporary resident visa expired.
Was it a PGWP you were applying for after university? If so, why was it rejected?

My temporary resident visa expired
You mention your TRV had expired, but then say you are from a visa exempt country? Where are you actually from, as a visa exempt country does not need a TRV.

 

[Juuluu]

I got rejected for the work visa after four years of university. My temporary resident visa expired.
Was it a PGWP you were applying for after university? If so, why was it rejected?

My temporary resident visa expired
You mention your TRV had expired, but then say you are from a visa exempt country? Where are you actually from, as a visa exempt country does not need a TRV.

Yes, it was the post grad work permit. I got rejected because they said I didn’t send all the pages of my transcript. That wasn’t true, I sent all the pages and all the documents required. They sent me a email stating that, that’s the reason why I got rejected and they stated that my “temporary resident visa” As of that day I received the email is expired. I have 90 days to reinstate my status. During that time I was trying to apply for common law but my passport was expiring in two months. And it took a while for my passport to come because I was apply out of my home country.

But I believe the real reason they may have rejected me is becuase I didn’t study 4 years university consecutively. I left for one year in between those years. But besides university. I studied in Canada for high school too.

I’ve also asked them that same question too. But she didn’t explain to me why I was given a TRV. I’m from Hong Kong. I thought I wasn’t required to have one. ( I think what they meant by TRV maybe Student visa?)

 

[Juuluu]

You could receive an exclusion order. An exclusion order would ban you from re-entering Canada in any capacity for a full year. It's rare - but does happen. It's unlikely you would be held - but this could happen for a very short time if you fly in, are refused entry, and are then sent back on the next flight home. In that case they could put you in an immigration hold while they wait for that return flight.

Best option would be to return to your home country and remain there for several months before attempting a trip back to Canada. When you come back to Canada, you should keep the trip short (1 week preferably).

Do you think I should still apply for spousal sponsorship?
How long does it take to process and receive an answer?

If I apply for spousal sponsorship and the documents have been submitted, can I try to enter Canada? Or do it need to be approved first?

Does it help if I just want to go back to Canada and sell my belonging and pack up. Is there any way I can prove to them I do not intend to stay for long. My spouse is apply for pr in Hong Kong and were planning to move back once things are settled.

 

[scylla]

Do you think I should still apply for spousal sponsorship?
How long does it take to process and receive an answer?

If I apply for spousal sponsorship and the documents have been submitted, can I try to enter Canada? Or do it need to be approved first?

Does it help if I just want to go back to Canada and sell my belonging and pack up. Is there any way I can prove to them I do not intend to stay for long. My spouse is apply for pr in Hong Kong and were planning to move back once things are settled.

It only makes sense to apply for PR if you are actually planning on living in Canada. If you are both moving to Hong Kong, then it doesn't make sense to spend the time and money to apply for PR in Canada. Processing of the PR application will take around 12 months. Having a PR application in progress does not give you the right to enter Canada - you won't have the right to enter Canada until the processing of the application has been completed and your PR visa has been issued.

Again, whether you are allowed into Canada as a visitor is entirely up to the CBSA officer you encounter at the border. The fact that you overstayed and already have a refused entry is in the system and complicates your situation. You can certainly try entering again and see what happens - there's always some chance you may be allowed in. Worst case scenario is an exclusion order (1 year ban).

Your spouse may have to pack things up and sell things on your behalf.

 

[russ6970]

Yes, it was the post grad work permit. I got rejected because they said I didn’t send all the pages of my transcript. That wasn’t true, I sent all the pages and all the documents required. They sent me a email stating that, that’s the reason why I got rejected and they stated that my “temporary resident visa” As of that day I received the email is expired. I have 90 days to reinstate my status. During that time I was trying to apply for common law but my passport was expiring in two months. And it took a while for my passport to come because I was apply out of my home country.

But I believe the real reason they may have rejected me is becuase I didn’t study 4 years university consecutively. I left for one year in between those years. But besides university. I studied in Canada for high school too.

I’ve also asked them that same question too. But she didn’t explain to me why I was given a TRV. I’m from Hong Kong. I thought I wasn’t required to have one. ( I think what they meant by TRV maybe Student visa?)

Yes they probably meant Student visa as that technically is a temporary visa. If you didn't study full-time, unfortunately you were correctly refused.

 

[scylla]

Agreed with the above. The PGWP was correctly refused since the studies were not continuous (because of the one year break).

 

[JM2019]

Hi sir\madam
I started working in Canada last May 2013 and my work permit is until Dec 2013. But I moved in Alberta Oct 2013 because I need to find a new job coz I need money for my father because he had a sick.but I have 90 days to find a job or find lmo right.unfortunately no one can give me a lmo until my friend give me a lmo number last march 29 2014 running out of time I have 3days more.I applying the lmo thru online and I past march 30 2014 I'm not sure or march 31 2014.I'm waiting almost 2 weeks then I receive email from CIC unfortunately refuse my application and said the CIC u need to exit Canada asap thats why I'm looking money to all my friends I got the ticket and I'm going back to Philippines is April 22 2014.my question is is there any possible to comeback again in Canada.I have an employer now.thanks for answering my concern.God bless

 

[JM2019]

PS..do I need to write an explanation letter when I past my all documents