I know someone who, after their work permit expires applied to extend their stay still was declined.now, she is planning to marry someone who is a landed immigrant.if she is an overstay, after she marry does she have to go back to her country?or she can stay here?
Overstay
- Thread starter Justin1234
- Start date
Marriage gives no status in Canada. However, if she marries a PR and they apply as an "Inland" application, it can give her Implied Status. (But not always.)
If they apply as an "Outland" application, she would need to leave Canada or risk being deported. She could techincally stay, but will have explaining to do when she tries to land from inside Canada. She would also be lying on her application about her location, address, and status. That would be grounds to reject her visa.
Did she apply for extend her stay as a worker or a visitor? It's best she file for a restoration of status (if needed) and a visitor's visa asap. That way she can remain in status until she and her husband apply for her PR visa. The government can and will deport her if they chose, even if she's married to a PR or citizen. Even with an Inland application, it can take 2-3 months to prepare the application after the marriage. By that time, she can expect a departure order from CIC in her mailbox.
If they apply as an "Outland" application, she would need to leave Canada or risk being deported. She could techincally stay, but will have explaining to do when she tries to land from inside Canada. She would also be lying on her application about her location, address, and status. That would be grounds to reject her visa.
Did she apply for extend her stay as a worker or a visitor? It's best she file for a restoration of status (if needed) and a visitor's visa asap. That way she can remain in status until she and her husband apply for her PR visa. The government can and will deport her if they chose, even if she's married to a PR or citizen. Even with an Inland application, it can take 2-3 months to prepare the application after the marriage. By that time, she can expect a departure order from CIC in her mailbox.
There is no implied status of any kind for a spousal application made in Canada unlike what is available through permits for change of conditions related to extensions for student, visitor or workers.
What can happen in practice is an enforcement officer may write a report that results in a removal order if he encounters someone who has overstayed such as this case. The officer could decide not to write the report and instead see that the person departs Canada. This would be beneficial to the person concerned who would not have to obtain consent to return to Canada if approved on a spousal application from their country in less than the year they would normally be required to remain outside the country when excluded for overstay.
If the officer were to decide to not take enforcement action only because there was a spousal application submitted they would need to document the reason for this and it would have to be quite compelling circumstances.
The only point at which a spousal application submitted from within Canada would prevent enforcement action is if the applicant has been approved in principle, passed Stage 1 toward landing, otherwise, barring any other form of stay granted by the Federal Court or as the result of a pre-removal risk assessment, there is nothing in law, to prevent that person being required to depart.
What can happen in practice is an enforcement officer may write a report that results in a removal order if he encounters someone who has overstayed such as this case. The officer could decide not to write the report and instead see that the person departs Canada. This would be beneficial to the person concerned who would not have to obtain consent to return to Canada if approved on a spousal application from their country in less than the year they would normally be required to remain outside the country when excluded for overstay.
If the officer were to decide to not take enforcement action only because there was a spousal application submitted they would need to document the reason for this and it would have to be quite compelling circumstances.
The only point at which a spousal application submitted from within Canada would prevent enforcement action is if the applicant has been approved in principle, passed Stage 1 toward landing, otherwise, barring any other form of stay granted by the Federal Court or as the result of a pre-removal risk assessment, there is nothing in law, to prevent that person being required to depart.