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How's best to go about this?

Apr 14, 2018
8
0
Hey, everyone.

Okay, so here's my situation; I'm a British citizen (by birth, if that makes a difference), and I am looking to leave the UK onto pastures new. In the summer of 2017, I was in New York, and somehow, through clumsiness, managed to overstay by two days. I wasn't aware of this until, in December 2017 I attempted to return to New York to visit a friend only to be turned away by immigration and sent back to the UK on the next flight, due to having overstayed previously. Obviously, this was a heartbreaking and messy situation, and on my return I had discovered that the Customs Officer at US Immigration had taken away my ESTA (Visa Waiver Program), so I am now unable to travel to the US without a visa, and even with a visa, I would struggle to enter due to not being able to prove a certain amount of income, etc (this is what an immigration lawyer told me).

I've always enjoyed travelling, and I lived in Jamaica from 2010 to 2016, returning to the UK due to a marriage breakdown. The UK has never been my place of choice to live, and I've often thought about Canada as being an option. However, due to my newly-acquired "history" of overstaying, I'm wondering if I'd even be allowed to travel to Canada, much less live there. I now have a fear of landing in an airport and being told I'm not allowed to enter the country. I've thought about buying a return ticket to Toronto, only to be put off by the fact that I don't know if what's happened previously is going to be a "black mark" against my name/passport. The utter discomfort of not knowing is really bothering me. Can anyone point me in the direction of where to get advice about this? Is this an issue the Canadian Embassy here in England would deal with?

Any advice/help would be much appreciated - thank you.
 

canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
Hey, everyone.

Okay, so here's my situation; I'm a British citizen (by birth, if that makes a difference), and I am looking to leave the UK onto pastures new. In the summer of 2017, I was in New York, and somehow, through clumsiness, managed to overstay by two days. I wasn't aware of this until, in December 2017 I attempted to return to New York to visit a friend only to be turned away by immigration and sent back to the UK on the next flight, due to having overstayed previously. Obviously, this was a heartbreaking and messy situation, and on my return I had discovered that the Customs Officer at US Immigration had taken away my ESTA (Visa Waiver Program), so I am now unable to travel to the US without a visa, and even with a visa, I would struggle to enter due to not being able to prove a certain amount of income, etc (this is what an immigration lawyer told me).

I've always enjoyed travelling, and I lived in Jamaica from 2010 to 2016, returning to the UK due to a marriage breakdown. The UK has never been my place of choice to live, and I've often thought about Canada as being an option. However, due to my newly-acquired "history" of overstaying, I'm wondering if I'd even be allowed to travel to Canada, much less live there. I now have a fear of landing in an airport and being told I'm not allowed to enter the country. I've thought about buying a return ticket to Toronto, only to be put off by the fact that I don't know if what's happened previously is going to be a "black mark" against my name/passport. The utter discomfort of not knowing is really bothering me. Can anyone point me in the direction of where to get advice about this? Is this an issue the Canadian Embassy here in England would deal with?

Any advice/help would be much appreciated - thank you.
Hi

Have you applied for an eTA?
 
Apr 14, 2018
8
0
Hi

Have you applied for an eTA?
I haven't applied for anything as I'm a bit unsure of exactly what it is I'm 'qualified' to apply for, considering my situation is a little strange. I've googled stuff pertaining to my situation and have yet to find anything concrete.

Due to my ESTA being taken away, I'm not sure if I still class as a "visa-exempt traveller", thus not being sure if I'd be eligible for an ETA.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
You may still run into issues if you are able to travel to Canada. They will want you to see that you can support yourself during your travels.
 
Apr 14, 2018
8
0
Yes you can be asked to show that you have enough funds to support your stay in Canada when you land. Your previous posts suggested you were considering a longer stay.
I was, but I wanted to come and visit for a week first. If I'm booked into an AirBnB and I have a return flight, they're not likely to ask me to prove income, etc, are they? Thanks for your replies so far.
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
I haven't applied for anything as I'm a bit unsure of exactly what it is I'm 'qualified' to apply for, considering my situation is a little strange. I've googled stuff pertaining to my situation and have yet to find anything concrete.

Due to my ESTA being taken away, I'm not sure if I still class as a "visa-exempt traveller", thus not being sure if I'd be eligible for an ETA.
You MUST apply for an eTA if you want to board a plane to Canada as a visitor. You need to be honest and truthful about any questions relating to overstays in other countries.
If the eTA is approved, then you should be able to come to Canada as a visitor. Just have a return ticket and proof of funds that show you can support yourself while here.
If the eTA is denied, you can't travel to Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/apply.html
 
Apr 14, 2018
8
0
You MUST apply for an eTA if you want to board a plane to Canada as a visitor. You need to be honest and truthful about any questions relating to overstays in other countries.
If the eTA is approved, then you should be able to come to Canada as a visitor. Just have a return ticket and proof of funds that show you can support yourself while here.
If the eTA is denied, you can't travel to Canada.
https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/eta/apply.html
Thanks for the link and the info.
 

bellaluna

VIP Member
May 23, 2014
7,379
1,769
I haven't applied for anything as I'm a bit unsure of exactly what it is I'm 'qualified' to apply for, considering my situation is a little strange. I've googled stuff pertaining to my situation and have yet to find anything concrete.

Due to my ESTA being taken away, I'm not sure if I still class as a "visa-exempt traveller", thus not being sure if I'd be eligible for an ETA.
IMO your mistake was also attempting to re-enter the US after a few months of overstaying. I suggest not applying for an eTA until the summer at the earliest.
 
Apr 14, 2018
8
0
IMO your mistake was also attempting to re-enter the US after a few months of overstaying. I suggest not applying for an eTA until the summer at the earliest.
Yes. Unfortunately, I wasn't aware I'd overstayed until I was at the airport being questioned. It was a matter of less than two days. I'd clumsily miscalculated my 90 days as 3 months, so in my head I was leaving the US a day early, not two days late. Stupid, silly mistake, and now I'm paying for it.

May I ask what the reasoning is behind not applying until the summer or later? I'm just wondering what those couple of months difference will make to the possible outcome.

Thank you.