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IceD.

Star Member
Mar 17, 2018
145
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I know someone who overstayed beyond 90 days. He left Canada voluntarily, without being found out. However, he did stay a year and a half when he should have only stayed 6 months on his temporary resident visa. Can he apply for a work visa or any other visa so that he can come back to Canada? Will he get found out? What are the consequences? I want to advise him properly on the steps to do, so I hope to get your feedback. Thanks.
 
If he is asked (in whatever application he chooses) if he ever exceeded his authorized stay, he must answer truthfully. Misrepresentation is very bad in the eyes of IRCC.

Depending on when he left Canada, he may already have a flag for the overstay, since as of 2019, all travelers were (apparently) tracked exiting Canada.

An extreme result would be if he is deemed to be inadmissible because of the overstay:
https://www.canada.ca/en/immigratio...immigrate-canada/inadmissibility/reasons.html

Examples of failure to comply with IRPA include:


  • temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits
  • permanent residents who haven’t lived in Canada for the required amount of time
  • people who have previously been deported and try to enter Canada without written authorization (In some cases you may need an Authorization to return to Canada (ARC) in order to be admitted to Canada.)
 
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I know someone who overstayed beyond 90 days. He left Canada voluntarily, without being found out. However, he did stay a year and a half when he should have only stayed 6 months on his temporary resident visa. Can he apply for a work visa or any other visa so that he can come back to Canada? Will he get found out? What are the consequences? I want to advise him properly on the steps to do, so I hope to get your feedback. Thanks.

Just because they believe their overstay hasn’t been recorded does not mean it hasn’t . Their data is recorded when they arrive , their data is recorded when they leave . Put two & two together. Consequences? Well it has shown they don’t follow immigration rules .