New passports at the border

[giuseppe1795]

Hello to everyone one.

Background information

I'm in Canada as a turist and my passport expired, i renewed my passport at the Italian embassy while i was in Canada.

My status expired becouse i had some complcatiocom getting my passport renewed befobe my status would expire.

My wife is a permanent resident in Canada and im planning to apply for sponsorship.

My questions

1. At the border when i show up with a new passport woild they be able to link it back to my old passport?

2. If I exit Canada to re enter should that be a good way to restor my status?

3. Since my passport as no stamp and it's new, would they be able to find out I overstayed?

For what I know in my case I have 2 options:

1 Apply for sponsorship without status and that wouldn't allow me to have a work permit befor the end of my application process from my understanding.

2. Cross tth border to US and reenter asking for temporary residence and then process my application. By my opinion this will allow me to get a work permit sooner then option one.

I want to confirm that option to is the go for and if eventually is there any other options. By the way I'm past the 3 months to restore my status with application.

Thank you for your time.

 

[LifeDreamer]

You don't go through immigration on your way out, you simply board the plane. The airlines passes a passenger manifest to the CBSA which includes you name, date of birth, nationality, passport number ..etc. On the US border, there is exit tracking directly shared by CBP. This way the government "knows" you left however they cannot use this as evidence you overstayed unless you admit to it. But when you arrive in Italy you most likely would get a passport stamp showing your arrival date. This stamp can be used to show you overstayed as well as being questioned about previous travel to Canada in your eTA/TRV and having to detail your life activities in your PR application. All this data will point to your overstay which will be a problem for you in traveling to Canada in the future your TRVs will be refused for having a history of contravening immigration rules. However it will not be a problem for your spousal PR application.

 

[Bryanna]

@guiseppe1795

As you have an Italian passport, you will need an eTA linked to your new passport if you intend to fly back to Canada. You won't be applying for a TRV.


1. No, you cannot apply for inland spousal sponsorship under the SCLPC class because you do not have valid temporary resident status

2. You won't need an eTA if you re-enter by land. However, as LifeDreamer has explained, your overstay will show up

 

[giuseppe1795]

@guiseppe1795

As you have an Italian passport, you will need an eTA linked to your new passport if you intend to fly back to Canada. You won't be applying for a TRV.


1. No, you cannot apply for inland spousal sponsorship under the SCLPC class because you do not have valid temporary resident status

2. You won't need an eTA if you re-enter by land. However, as LifeDreamer has explained, your overstay will show up

But if i leave at Niagara and I don't get any permit to access US they will send me back, and at that point when I face a the CIC officer wouldn't they kinda have not choice to let me in even if for short time since they can't send me back to US. Also to be said that when i came back here i got a eTA even if I overstayed in past.

Then if they will let me enter i can propcess applications to from in land sponsorship that will lock me in impiedi status and i will have a statuse with non need to extend my visitor permit. Snd in 3 months received a work permit. Do you think is this possible and what if i apply for outland, is it really true processing is faster ? And how long would you have to expect to wait before to be able to work.?

 

[Bryanna]

But if i leave at Niagara and I don't get any permit to access US they will send me back, and at that point when I face a the CIC officer wouldn't they kinda have not choice to let me in even if for short time since they can't send me back to US. Also to be said that when i came back here i got a eTA even if I overstayed in past.

Then if they will let me enter i can propcess applications to from in land sponsorship that will lock me in impiedi status and i will have a statuse with non need to extend my visitor permit. Snd in 3 months received a work permit. Do you think is this possible and what if i apply for outland, is it really true processing is faster ? And how long would you have to expect to wait before to be able to work.?

How long have you overstayed/been without status?

Have you overstayed in the past as well? (You mentioned about getting an eTA even if you had a previous overstay)

 

[canuck_in_uk]

1. No, you cannot apply for inland spousal sponsorship under the SCLPC class because you do not have valid temporary resident status

While wording on the website may suggest otherwise, a person without status is allowed to apply for sponsorship in Canada and the app cannot be refused for that reason.

 

[canuck_in_uk]

But if i leave at Niagara and I don't get any permit to access US they will send me back, and at that point when I face a the CIC officer wouldn't they kinda have not choice to let me in even if for short time since they can't send me back to US. Also to be said that when i came back here i got a eTA even if I overstayed in past.

Then if they will let me enter i can propcess applications to from in land sponsorship that will lock me in impiedi status and i will have a statuse with non need to extend my visitor permit. Snd in 3 months received a work permit. Do you think is this possible and what if i apply for outland, is it really true processing is faster ? And how long would you have to expect to wait before to be able to work.?

No, they don't have to let you in. They can refuse you entry and detain you until they get you on the next flight to Italy. Or they can issue a Visitor Record to allow you entry for a day or two and if you don't show up to leave, issue an arrest warrant and have you deported. Applying inland is no guarantee against being removed from Canada.

If it is too late to apply for Restoration, they you need to decide whether to remain in Canada out of status or return to Italy.

 

[Bryanna]

While wording on the website may suggest otherwise, a person without status is allowed to apply for sponsorship in Canada and the app cannot be refused for that reason.

Agreed. Many applicants have applied without status. However, there's no guarantee and the decision for allowing the 'out of status' sponsorship application is still with IRCC.

Worst case scenario, his sponsorship application would trigger off a notification to CBSA for removal. It's a risk the OP needs to consider. Hopefully, his PR app is ready to be submitted.

Also, not sure if he has a history of overstaying (aside of his spousal PR app) + not sure why he believes the US might refuse him entry

 

[canuck_in_uk]

Agreed. Many applicants have applied without status. However, there's no guarantee and the decision for allowing the 'out of status' sponsorship application is still with IRCC.

Worst case scenario, his sponsorship application would trigger off a notification to CBSA for removal. It's a risk the OP needs to consider. Hopefully, his PR app is ready to be submitted.

Also, not sure if he has a history of overstaying (aside of his spousal PR app) + not sure why he believes the US might refuse him entry

As per the public policy established by the Minister, spousal sponsorship apps cannot be refused because of a lack of status. https://www.canada.ca/en/immigration-refugees-citizenship/corporate/mandate/policies-operational-instructions-agreements/immigration-refugee-protection-act-spousal-policy.html

While it is possible, it is very rare that IRCC actually takes action against spousal applicants that have overstayed. It generally only happens when the person has worked or studied illegally. Even then, it is still rare, likely because it is not cost-effective to remove someone when they will be returning legally as PRs through sponsorship anyways.

 

[giuseppe1795]

Fir

How long have you overstayed/been without status?

Have you overstayed in the past as well? (You mentioned about getting an eTA even if you had a previous overstay)

4 months but I had a little situation where i was supposed to ask for an extension and realized that my passport expired and at my embassy i had some situations that delayed me and made me unable to apply to renew my status.

I lived in canada in the past with a work permit for 3 years then I stoped to study and asked for a visitor permit wich i extended.

At that timee. I met my wife and between arranging the merriage and getting ready her paperwork to travel to italy (since she is from Philippines she needed a visa to travel to italy) that took 2 moths and a refusal for an extension that i waited for about 5 months or more i end up overstating almost 1year

We went to see Italy
after 3 months my wife had a family emergency so she had to go back to Toronto and I went with her. I applied for eta and when i got to the airport i i haven't even spoke to a officer

What could be the officer reaction to my case. i honestly had bad lack i was trying to do everything right

What's my best option.

 

[nitt]

HI Bryanna,

I was reading a lot of discussions and you are great helping and advising people what to do.

Could you please advise me regarding Visitor visa of my brother.

My brother is in Dubai on work permit. He has Travel history to Canada. He came to study in 2010 and 2011 but did not complete the study and left the country after 1.5 year because of the homesickness. Last year in December 2017 he got married and I was not able to attend his marriage. My Sister In law went to Dubai to visit him on tourist visa. Currently she is staying there and her Dubai visa will be expiring on June 27 2018. I am Permanent Resident of Canada as well as Self -employed.

I am inviting them here for summer. I am planning to file online ( if you say its better to apply at VAC in Dubai I can send them there too).

My brother has 15000 AED in account and my sister in law has 10000 CAD in her bank account ( In home country). I am not putting my financial documents. However, I will be using letter from accountant that me and me wife are self employed and our notice of assessment was this much year 2017 and we currently do not owe any taxes to CRA.

Questions.

1. What are the chances to get TRV approved.
2. Total trip is 34 days.
3. Brother ties back home in India ( Mother) and in Dubai where he will be going back after the vacation for the Job.
4. Sisiter in law has a family back home mom,dad and brother.
5. Sisiter in law was persuing degree before the marriage she was in the last semester. But she decided to take a drop for a year.
6. Should I get the letter from school that she did not attend the 6 semester which is again scheduled to begin in Jan 2019. On completion of the degree she will be issued the degree.
7. Or I am thinking over.
8. Last not but least My bother income is 5000 AED but monthly bank statement states about average transaction of 15000 AED because as a Sales he gets incentives which is based on performance.
9. I also got the seprate letter stating from his Job. He is getting the salary and incentives based on the performance.

Please advise I am planning to file visa tommorow. Thank you a lot in Advance

 

[canuck_in_uk]

Fir


4 months but I had a little situation where i was supposed to ask for an extension and realized that my passport expired and at my embassy i had some situations that delayed me and made me unable to apply to renew my status.

I lived in canada in the past with a work permit for 3 years then I stoped to study and asked for a visitor permit wich i extended.

At that timee. I met my wife and between arranging the merriage and getting ready her paperwork to travel to italy (since she is from Philippines she needed a visa to travel to italy) that took 2 moths and a refusal for an extension that i waited for about 5 months or more i end up overstating almost 1year

We went to see Italy
after 3 months my wife had a family emergency so she had to go back to Toronto and I went with her. I applied for eta and when i got to the airport i i haven't even spoke to a officer

What could be the officer reaction to my case. i honestly had bad lack i was trying to do everything right

What's my best option.

Given you have now overstayed twice, I would not advise leaving unless you plan to remain outside of Canada while the sponsorship app processes.

 

[canuck_in_uk]

HI Bryanna,

I was reading a lot of discussions and you are great helping and advising people what to do.

Could you please advise me regarding Visitor visa of my brother.

My brother is in Dubai on work permit. He has Travel history to Canada. He came to study in 2010 and 2011 but did not complete the study and left the country after 1.5 year because of the homesickness. Last year in December 2017 he got married and I was not able to attend his marriage. My Sister In law went to Dubai to visit him on tourist visa. Currently she is staying there and her Dubai visa will be expiring on June 27 2018. I am Permanent Resident of Canada as well as Self -employed.

I am inviting them here for summer. I am planning to file online ( if you say its better to apply at VAC in Dubai I can send them there too).

My brother has 15000 AED in account and my sister in law has 10000 CAD in her bank account ( In home country). I am not putting my financial documents. However, I will be using letter from accountant that me and me wife are self employed and our notice of assessment was this much year 2017 and we currently do not owe any taxes to CRA.

Questions.

1. What are the chances to get TRV approved.
2. Total trip is 34 days.
3. Brother ties back home in India ( Mother) and in Dubai where he will be going back after the vacation for the Job.
4. Sisiter in law has a family back home mom,dad and brother.
5. Sisiter in law was persuing degree before the marriage she was in the last semester. But she decided to take a drop for a year.
6. Should I get the letter from school that she did not attend the 6 semester which is again scheduled to begin in Jan 2019. On completion of the degree she will be issued the degree.
7. Or I am thinking over.
8. Last not but least My bother income is 5000 AED but monthly bank statement states about average transaction of 15000 AED because as a Sales he gets incentives which is based on performance.
9. I also got the seprate letter stating from his Job. He is getting the salary and incentives based on the performance.

Please advise I am planning to file visa tommorow. Thank you a lot in Advance

Create your own thread instead of hijacking.

 

[Bryanna]

Fir


4 months but I had a little situation where i was supposed to ask for an extension and realized that my passport expired and at my embassy i had some situations that delayed me and made me unable to apply to renew my status.

I lived in canada in the past with a work permit for 3 years then I stoped to study and asked for a visitor permit wich i extended.

At that timee. I met my wife and between arranging the merriage and getting ready her paperwork to travel to italy (since she is from Philippines she needed a visa to travel to italy) that took 2 moths and a refusal for an extension that i waited for about 5 months or more i end up overstating almost 1year

We went to see Italy
after 3 months my wife had a family emergency so she had to go back to Toronto and I went with her. I applied for eta and when i got to the airport i i haven't even spoke to a officer

What could be the officer reaction to my case. i honestly had bad lack i was trying to do everything right

What's my best option.

Is your PR application ready to be submitted?