+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Chances of TRV for Canada after overstaying in US

AG317

Hero Member
Jan 28, 2016
230
9
Category........
Visa Office......
Lima
Job Offer........
Pre-Assessed..
App. Filed.......
23-02-2016
Doc's Request.
06-04-2016
AOR Received.
22-03-2016
File Transfer...
29-03-2016
Med's Request
21-03-2017
Med's Done....
03-12-2015 Re-Done 23-03-2017
Passport Req..
31-03-2017
VISA ISSUED...
11-04-2017
LANDED..........
20-04-017
Hi Guys,

my husband overstayed his work visa in the states a few years back. He left volunteerly, after we started dating and crossed into Canada illegally so we could get married. After we got married, we both travelled to Europe and South America. I'm back in Canada now, and he is in his home country Peru, we are waiting for our Spousal Application to be processed.

Question, what are the chances he will get approved for a TRV after not only being illegal in the states, but also crossing into canada without papers. Mind you, he left both places volunteered and never got caught. has a clean criminal record too.

We just want to spend christmas together, so when we called and asked abut our sponsorship application, the visa office told him to apply for a TRV.

We never even thought that was an option considering his history, but now we are unsure
 

scylla

VIP Member
Jun 8, 2010
93,150
20,638
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
With immigration violations into two countries - one being Canada - the chances of being approved are effectively nil. I think the illegal entry into Canada will be especially problematic. Having said that, you can certainly try.

I'm assuming you were 100% honest about his immigration history in his immigration application. You need to do the same if you apply for a TRV.
 

AG317

Hero Member
Jan 28, 2016
230
9
Category........
Visa Office......
Lima
Job Offer........
Pre-Assessed..
App. Filed.......
23-02-2016
Doc's Request.
06-04-2016
AOR Received.
22-03-2016
File Transfer...
29-03-2016
Med's Request
21-03-2017
Med's Done....
03-12-2015 Re-Done 23-03-2017
Passport Req..
31-03-2017
VISA ISSUED...
11-04-2017
LANDED..........
20-04-017
scylla said:
With immigration violations into two countries - one being Canada - the chances of being approved are effectively nil. I think the illegal entry into Canada will be especially problematic. Having said that, you can certainly try.

I'm assuming you were 100% honest about his immigration history in his immigration application. You need to do the same if you apply for a TRV.
Yes, we were absolutely honest in our sponsorhsip application.
We are hoping that the fact that he left, over a year ago, will show that he wasn't/isnt desperate to stay at any cost.

Also, he has a residence Visa for Germany as wel as a Family permit for the UK thru me, since I am a EU National.
We are thinking we should show copies of those too.
Basically be honest in the cover letter/letter of invitation.

Say we got our Sponsorship Approval back in March, were hoping the PR Processing would be done by Christmas, but since it isn't, we are trying TRV. IF for whatever reason his PR doesn't get approved, and his TRV expires, we have the options of either moving to Germany or the UK and start a life there. So we aren't desperate for Canada. Not sure if that'll help
 

scylla

VIP Member
Jun 8, 2010
93,150
20,638
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
AG317 said:
Yes, we were absolutely honest in our sponsorhsip application.
We are hoping that the fact that he left, over a year ago, will show that he wasn't/isnt desperate to stay at any cost.

Also, he has a residence Visa for Germany as wel as a Family permit for the UK thru me, since I am a EU National.
We are thinking we should show copies of those too.
Basically be honest in the cover letter/letter of invitation.

Say we got our Sponsorship Approval back in March, were hoping the PR Processing would be done by Christmas, but since it isn't, we are trying TRV. IF for whatever reason his PR doesn't get approved, and his TRV expires, we have the options of either moving to Germany or the UK and start a life there. So we aren't desperate for Canada. Not sure if that'll help
Again - there's certainly no harm in applying for the TRV. Worst case scenario you'll be refused. It won't impact the PR application. I don't think the above information has an impact one way or the other.

I do think you should be expecting longer than normal processing times for the PR application given his immigration history. Overstays and illegal entries tend to impact processing times since additional time is taken to review the file.