Married & Left Canada - confused. Please advise

[sonjy]

I am asking on behalf of a friend who is totally confused and worried. Any objective advise from our senior experts from the forum would be truly appreciated. Here it goes.

My friend (Canadian Citizen) got married in 2009 in Ontario with a Korean girl friend who he dated for more than 2 years.
While they were dating, she revealed that she had a removal order from Canada in 2006 when she overstayed her student status. She failed to comply and stayed in Canada. They were in love, so they got married.

After the marriage, they wanted to correct what went wrong. So both left Canada in early 2011 and apply for her PR from her home country in Korea. He told me the responses he's getting from Seoul Office is not positive. I believe they applied for Spouse-sponsored PR.

Is this the right thing?
Or does she have to get a pardon for overstaying and noncomplying with the removal order?
Do they have to apply for Authorization to Return to Canada (ARC)?

Could 5 years of non-compliance be a determining factor in her being permanently being banned from entering Canada? Or is there a chance of her getting pardoned in this case? Please advice. Thank you.

 

[missmymexi]

The ARC would be handled through the sponsorship process. Since she did not leave the country when the removal order was issued she will have a lifetime ban from Canada. You only get a temporary ban if you comply with the order.

There is no such thing as a pardon in this situation, it will be a tough road for them to prove she has not married to come to Canada, they will need lots of proof of the valdility of thier relationship. I would recommend that they get a lawyer in this case as it will be complicated and unfortunately they have alot against them at this point.

Even though she is technically banned from Canada, you can apply for the ARC, this is the government of Canada granting access for her to return, again you will need alot of proofs and reasoning as to why she should be allowed in Canada.

Hopefully someone else on this forum has had a similiar situation and can advise you more, we had an exclusion order but we complied so he only got a one year ban so its a different scenario. Good luck to them and i hope it all works out one way or another

 

[sonjy]

Thank you missmymexi for your guidance.

And as you mentioned, any other experience from otehr members would be nice to know and help understand their situation.

Thanks.