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Family class (spouse) but with an 11 mth overstay nine years ago...

Spun

Member
Jun 20, 2014
18
0
Please, someone help put my mind at ease! I'm worrying BIG time about applying for PR (Outland). Apologies if this is long, I'm trying to explain everything as clearly as possible.

By way of background: I'm British, my husband is Canadian. We have been together for 14 years, and married for six of those years. We have lived together in the UK for eight years, but we are planning to move to Canada to settle permanently. My husband's daughter from a previous relationship lives there so we want to move closer to her, and my husband is going to apply to sponsor me.

Evidence of our relationship is not a problem - we have LOTS of proof, dating back the full 14 years. Photos, plane ticket stubs, cards/letters, emails, wedding/honeymoon photos, etc. Family from both sides attended our wedding, we have jointly attended family weddings...so proving our relationship is genuine will not be any problem whatsoever.

My one source of worry is the fact that approximately nine years ago, I overstayed in Canada for approximately 11 months.

At the time, I had been visiting my partner for extended periods of time, just flying back to the UK to renew my visitor visa every six months. I renewed my visitor visa twice this way. I was granted a small extension on my first visitor visa. The third time I went to renew my visitors visa, I tried to do it via the US/Canada border (by road) - I had been told I could do this by a CIC person over the phone, but perhaps they misunderstood that I meant by bus rather than plane, because when I got to the Canadian border after a two week visit to the States, they told me that I couldn't renew my visitor visa that way. I told them I would apply for an extension, and they let me in....and then I have literally no idea why I didn't. Young and stupid, I guess.

I overstayed for approximately 11 months, but left voluntarily. I do not think the Canadian authorities even knew I overstayed. I have visited Canada several times since for short visits (two weeks at a time) and never had any problems.

I intend to be completely honest on my application, so here are my queries:

1) Will the fact I overstayed affect my application for PR negatively? Are they likely to refuse me? What should I expect to come of it - will they interview me?

2) How should I approach declaring this on the form? There is a question on the form that states I must put what I was doing and where for the last ten years. Ten years ago, I was at the start of my overstay period. On the form are you meant to put ten years from the date of your application, in which case the first thing I write in response to that question will be my 11 months of overstay? (I hope this is making sense.) Or should I start with the date of the last time I extended my visitor visa, and list the entire time I was in Canada, including the overstay period (which would be a period of 17 months, taking into account the six months visitor visa + the 11 months overstay). Do I put this as 'visiting' or 'visiting/out of status'?

3) During my extended visits, I was trying to find a way to stay legally so I was looking for employment that would sponsor me for a work visa, my husband and I were legally declared common law, we had tenancy agreements with both of our names on, etc. However, I was still on a visitor visa during all of this, so I was going to put England as my legal address. Is this correct? Should I explain all of this on my application?

Anybody that can help explain things to me would really help me put my mind at ease, and I would really appreciate it! Thank you!
 

Ponga

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Oct 22, 2013
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I'm so sorry to be the bearer of bad news, but...you need to find something else to worry about, because your overstay will NOT be a problem for you...especially since you left voluntarily and was never (officially) told to leave Canada. :)

It is imperative that you are completely honest in your application, because misrepresentation would REALLY give you something to worry about!


Good luck with your application!
 

Spun

Member
Jun 20, 2014
18
0
Ponga said:
I'm so sorry to be the bearer of bad news, but...you need to find something else to worry about, because your overstay will NOT be a problem for you...especially since you left voluntarily and was never (officially) told to leave Canada. :)
Ahhh fantastic! Thank you so much for putting my mind at ease Ponga! (Though I admit my stomach did sink when I read the first few words of your reply, haha!) That's such a relief. We have our heart set on moving to Canada, so it would be heartbreaking for there to be any problems with making that a reality.
 

VioletBlue

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Aug 30, 2013
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Ha Ha Ponga!! When I read your "Im so sorry to be bearer of bad news...." I was like What!?!?! This person is Wrong!!....aaand then I read the rest of it ;P

Yeah Spun you have nothing to worry about...in compared to some of us...Go ahead and apply and just wait for your PR ;)
 

Spun

Member
Jun 20, 2014
18
0
Ah, thank you so much! :D I am feeling so much better!

I guess, in terms of the "where have you been the last 10 years" question, I'll just put the date at which my visitor visa started running from and list all of the time I was in Canada (17 months total). Probably easier that way? But then what would I put for my address during that time - Canada (where I was visiting) or England (where I was still technically living, since I was only in Canada on a visitor visa)?
 

VioletBlue

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Aug 30, 2013
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You can always add a note on a separate paper and explain the address thing....You were visiting Canada...but permanent addy was in UK" yadda yadda....just tell them everything honestly and nothing to worry about ;)
 

Spun

Member
Jun 20, 2014
18
0
Oh that makes sense! This immigration stuff is so overwhelming, sometimes it's hard to see the simple solutions to things, haha. Thank you!