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strandedinLA

Newbie
Mar 22, 2016
2
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I recently overstayed my work visa by a nearly month without realizing it. I only found out after returning home to visit my parents and getting to immigration back in Canada.

In the end I was given form IMM1282 "Allowed to Leave Canada" and no other forms and told that I was not allowed to return to Canada for a period of 6 months unless I received a Temporary Resident Permit. I was then advised to go to the consulate to speak with them and to apply for both a TRP and a Work Permit simultaneously.

Upon arriving at the consulate I was informed that they no longer answered immigration questions but suggested that I visit a Visa Application Centre (VAC) where I might be able to get some help even though they do not deal with TRPs. Finally, someone did offer to help telling me that I needed form IMM1444E (Application for Criminal Rehabilitation) with the "For information" box checked since I did not actually have any criminal offenses. I then proceeded to complete that form and went to the VAC for further information to make sure that I had things at least somewhat in order. They then told me that I needed a different set of forms, but that "the ones I filled out should work, probably"

Every agency I speak to seems to think that I should have been given other forms at the border, though the IMM1282 "Allowed to Leave Canada" was all I got (other than an information sheet for people inadmissible for entry which just stated that I would need a TRP)

I am completely confused. I just wan to return home to my common law partner, my pets, my job, and my life and I do not know where to begin. I have, so far filled out the IMM144E, a work permit application, and a request to extend my stay in Canada (which I was told to complete by the VAC people) are any of these appropriate? Do I submit them all together? The Work Permit extension is supposed to be sent to Alberta, while the other forms are supposed to go to the New York consulate (apparently the Los Angeles consulate does not handle any of the applications anymore).
 
In the end I was given form IMM1282 "Allowed to Leave Canada" and no other forms and told that I was not allowed to return to Canada for a period of 6 months unless I received a Temporary Resident Permit.

It sounds like you were also issued a 6 month Exclusion Order; is that correct?

Since you are no longer IN Canada, applying to extend your stay in Canada doesn't work.

Unfortunately, since you've overstayed your WP (and I suppose it's fair to assume that you also continued to work as well?), getting a TRP is going to be very difficult, IMO.

Good luck!
 
Were you working during the one month overstay?

If you worked during this month (i.e. worked without authorization), it's quite likely you've been banned for applying for another work permit for a period of six months. This is normally what happens when you are caught working illegally.

On what basis did you obtain your work permit? Was it through an LMIA/LMO? ICT? Something else?
 
I am assuming that it was an exclusion order though I was given no paperwork other than the IMM1282 "Allowed to Leave Canada" form. As for working, yes, I had been working for 3 weeks of the time I overstayed. I was not "caught" and sent out, but discovered the overstay upon reentry into Canada after having been back in the US for a week visiting family.

Is there a way to be allowed to return, even as a visitor? My wife/common law partner is there alone now.
 
So sorry to hear this...even though it was your responsibility to know when your status expired. I know...it's NOT what you want to hear right now.

Unfortunately, even though you weren't `caught' working, CBSA may very well already be aware of this, based on your exit date (or entry date into The U.S.); they're pretty sharp when it comes to figuring these things out.

Since they told you that you would need a TRP to enter Canada, that's probably the only way you're going to be able to return.

You could take your chances and try to re-enter now (because you did NOT receive an actual Exclusion Order), but...you run the risk of getting one (which would be for at least a year or more) if you do. Personally, I wouldn't do it.


Good luck!
 
Do you have any plans to apply for PR? If so, this might help you (down the road).

Do you have proof that you and your partner qualify for her to sponsor you (have lived together for at least 365 days consecutively)?
 
On 18th January 2021 I landed in Canada but the border officer doesn't let me in, despite having my COPR owing to covid 19 restrictions. They issue an imm1282 r42 and ask me to take another flight and come after restrictions.
My pr visa is going to expire in November 2021 and if travel restrictions is lifted by then, will I be able to use the same visa to travel or......?
They didn't put any red cross on the visa
Help me pls
 
On 18th January 2021 I landed in Canada but the border officer doesn't let me in, despite having my COPR owing to covid 19 restrictions. They issue an imm1282 r42 and ask me to take another flight and come after restrictions.
My pr visa is going to expire in November 2021 and if travel restrictions is lifted by then, will I be able to use the same visa to travel or......?
They didn't put any red cross on the visa
Help me pls
you can use same COPR or extend it. All on the website.
 

There's no impact to your COPR.

I don't understand why you attempted a landing when this isn't allowed at this time apart from a few exceptions.

Anyway - no impact to your COPR. You will need to wait for travel restrictions to lift before you can try landing again.
 
There's no impact to your COPR.

I don't understand why you attempted a landing when this isn't allowed at this time apart from a few exceptions.

Anyway - no impact to your COPR. You will need to wait for travel restrictions to lift before you can try landing again.
It's like I got an issue with à neighbour and he threat en me.
 
It's like I got an issue with à neighbour and he threat en me.

Unfortunately that doesn't change the fact that you cannot travel to Canada to land at this time.
 
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Unfortunately that doesn't change the fact that you cannot travel to Canada to land at this time.
@scylla,
Hope u r fine Scylla.
I have my copr and visa for permanent residency but not allowed to land owing to travel restrictions.
Can I apply for a work permit (open) to be able to land ?
Will that affect my pr ?
 
@scylla,
Hope u r fine Scylla.
I have my copr and visa for permanent residency but not allowed to land owing to travel restrictions.
Can I apply for a work permit (open) to be able to land ?
Will that affect my pr ?

On what basis do you plan to apply for an open work permit?