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Overstay, will it harm Immigration for my UK Husband?

SBatten

Member
May 15, 2010
15
0
Just over a year ago, my husband and I applied to extend his visitation 2 months before he was suppose to leave Canada, but we received a letter 6 months after stating his visitor extension was denied and he had lost his status. We paid and sent out the documentation they required to restore his status and requested the extension again, however we never received a reply. I had ask for help on this situation and were told he should leave immediately and to start the immigration process over, but due to personal and financial reason he has overstayed his visit and we are trying to start our application for him to immigrate as my spouse from England to Canada all over again.

If my husband leaves Canada now and we apply for Immigration again while he is living in England, when the time comes and he is approved will there be any trouble at the border because of his lengthy overstay? Because of his overstay, will I be unable to travel to England to visit him?
Would it be easier for me to live with him in the UK instead?

Any help would be greatly appreciated. :)
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
282
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
SBatten said:
If my husband leaves Canada now and we apply for Immigration again while he is living in England, when the time comes and he is approved will there be any trouble at the border because of his lengthy overstay?
There won't be any trouble at the border once he has a PR visa. By the time they decide to give him a PR visa, all the potential issues will have been resoved by the visa officer. It is while processing his PR visa that there may be some delay because of his overstay. I would try to counteract this by including a lot of proof your relationship is genuine (more than the average Canadian/UK couple would need).
Because of his overstay, will I be unable to travel to England to visit him?
His overstaying in Canada will have no impact on your ability to visit him in England. Don't tell them at the border - unless they ask, in which tell the truth. They won't ask about his problems staying in Canada when you enter England, most likely.
Would it be easier for me to live with him in the UK instead?
You could go to the UK and visit him while you are waiting for his outland application to be processed (if you are a Canadian citizen). Probably you would have no trouble going there for a visit.