I overstayed my visitor visa for....almost 7 years :S

[Klouk]

I know, that sound ridiculous.
So this is my story, I will try to make it short and in a decent english :
I came to Canada from France with a visitor visa, then I got a PVT, then visitor again. During that time I met my boyfriend (we are gay) and we got married a few days before my 6th visitor visa was denied. I received a letter which told me that my visitor extension was denied and that I had to leave Canada immediatly. I should have left. But I didn't. We should have applied for a sponsorship and PR but we didn't because we thought I was already "illegal" and that it wouldn't be accepeted.
So, life went on, and on, and on...almost 7 years. It was really hard for me.
Then we decided to finally do something about it and I left Canada 10 months ago.
We finally applied for sponsorship and PR, we sent everything and we paid everything right away (1040$ or something like that).
NOW :
I'm supposed to get the "sponsorship approval" in 2 weeks (I hope it will be approved) and I'm wondering if I can go back to Canada to visit my husband when I will get this approval? Or if my overstay will ban me for entering the country until I get the RP approval (if I get it..)?
What do you think? :S
Sorry for my english.

 

[Marlee]

Hey there,

Your passport is not being stamped once you leave Canada. Only when you enter. It is also not stamped if you return straight to the EU (given that you passport is French or of any other EU country). Hence, the Canadian government does not know anything about your overstay. Being denied for a visitor extension several years ago does not make you ineligible for a new visitor visa. Therefore, you can return to Canada on a visitor visa (which you will receive once you enter Canada). Every EU citizen has the right to stay up to 6 months a year.

 

[scylla]

Every EU citizen has the right to stay up to 6 months a year.

It's not a right. EU citizens can still be refused entry into Canada - or they can be allowed into Canada but only for a short visit (not the full six months). No visitor has the "right" to enter Canada - regardless of where they are from.

 

[Marlee]

Of course the immigration officer always has the right to refuse entry upon suspicion (e.g. the intentions of the visitor if the officer has the feeling he or she might want to work or study here illegally) but generally speaking - that is, if you can convince the officer that you are merely staying to visit your boyfriend - you will be allowed to stay for 6 months. As long as you are in the possession of a return ticket to France, you should be fine. I have entered Canada about 20 times as a tourist and never had any issues as a German citizen (even though I went to school here and have plenty of family here, therefore the officers would have reasons to be alarmed). My friend from Strasbourg had the same issue as you (she overstayed for one year and even worked in Québec illegally) and nothing ever happened. She simply went back to France after 1 1/2 years and returned 3 months later on a study permit. She was sponsored by her boyfriend and recently became a permanent resident. No one ever knew. You will be fine.

 

[Klouk]

Scylla is right.
I NEVER entered in Canada with a 6 months visa, they always asked me questions at the border and the more they gave me is 3 months with a stamp on my passport.
So I just presume that they will ask me questions again and as I cannot lie to them, they will know that I overstayed for years... I think the only thing that can save me is if they see that the sponsorship is accepted, the RP is on the way and everything is paid. There is nothing I can do more than that.

 

[Marlee]

Usually you can apply for an extension if they only give it to you for 3 months. And no, they will not know how long you have been staying in Canada previously unless you tell them. They never stamp your passport on your way out of Canada. Neither do they stamp your passport when you return to France. Hence, there is no record of when you left the country. Of course you have to lie, that's what my friend did as well and she never got in trouble for it. Do you think they would have approved her PR if they knew that she stayed in Québec for 1 1/2 years working illegally?! Certainly not. If she would have told the officers that, she would be banned from re-entering Canada for life.

 

[Klouk]

I already explained all the truth in my PR application...

 

[Marlee]

Ouch... :-X

 

[MilesAway]

You have to disclose it. If you don't, and CIC discovers it, then you would be slapped with a 5 year ban for misrepresentation.

There's a form where you have to list your history, jobs, etc. Overstaying is not a reason to deny PR. It would cause problems if you wanted to apply for a TRV in the future, but not for PR.

 

[Marlee]

Sure. You disclose to them that you stayed in their country for 7 years illegally and they reward you by granting you permanent residence. I highly, highly doubt it. Well, let's see what the outcome is. What's done is done. Good luck!

 

[scylla]

Sure. You disclose to them that you stayed in their country for 7 years illegally and they reward you by granting you permanent residence. I highly, highly doubt it. Well, let's see what the outcome is. What's done is done. Good luck!

Actually - that's exactly what happens. Unlike the US, overstays do not prevent you from obtaining PR status in Canada.

The most important thing someone can do is be 100% honest about overstays, illegal work and anything else of that sort in a PR application. These things will be forgiven. What will not be forgiven, is lying in the application about an overstay. This is misrepresentation which is punished by a refusal of the application and a 5 year ban from entering Cananda.

Providing the full details of the overstay in the PR application was 100% the right thing to do.

 

[Klouk]

I don't know how I could have lie about it. 7 years is a lot, and I had to justify everything.
I saw an immigration lawyer, he reviewed my application,I called CIC to get some infos, and I think I did the right thing by explaining everything. I'm married for more than 7 years now.
The point now is that I don't know what will happen if I go back to Canada when i'll get the sponsorship approved. Will they let me in, will they tell me to wait for the PR approval and send me back to France, I'm really scared :-X

 

[Marlee]

Well, I really hope it works out for you. I agree that lying is a risk and that you will be facing harsh consequences if CIC finds out that you have been making false statements in your application. However, I can only refer to cases among my own acquaintances, where illegal overstays have been punished very harshly. Of course we do not want that to happen but it is too late now anyway. I sincerely wish you all the best and hope that you and your husband will be able to live together soon. Legally and permanently.

 

[scylla]

Well, I really hope it works out for you. I agree that lying is a risk and that you will be facing harsh consequences if CIC finds out that you have been making false statements in your application. However, I can only refer to cases among my own acquaintances, where illegal overstays have been punished very harshly. Of course we do not want that to happen but it is too late now anyway. I sincerely wish you all the best and hope that you and your husband will be able to live together soon. Legally and permanently.

It doesn't sound like you have a firm understanding of how spousal sponsorship applications are reviewed. The key thing to prove is that the relationship is genuine. Overstays are forgiven and there are dozens of example where this has happened to members of this forum. People apply with no status in Canada all of the time.

 

[Marlee]

I am not trying to discourage anyone by making false statements. I can only refer to what I have seen so far. And some of the stories weren't that pretty. Maybe there were other factors which made them inadmissible which they did not mention to me (health problems, criminal record?). I am certain it also depends on the officer who is reviewing your file and eventually making the decision. In the end, all you can do is try.