I am a US citizen recently married to a Canadian citizen. I am currently filling out my spousal permanent resident application. I recently crossed the border into Canada and was informed that I overstayed a previous visit. I thought if an agent stamped my passport, I could stay in Canada for 6 months as a visitor. The passport was stamped for a one month stay but I was never informed and the passport stamp was not was easy to read or understand. I never over stayed the 6 months visitor status. Since the overstay I crossed into Canada twice with no issues. The border agent vaguely told me not to overstay again that ignored “could” affect my application. I was so confused and shocked with the overstay information that I was afraid to ask anymore questions. I have not found much information or anywhere on the application that I would declare my overstay. Does anyone have any insight into how an overstay can affect a spousal PR application? Please help
Overstay
- Thread starter AAS334
- Start date
Hey what's the update? Can you get a new visa with letting them know you overstayed??
Did you not read the original post IRCC have on record that the OP overstayed at some point so if they are ever asked the question in the future have they overstayed they must always declare the fact with an explanation. Not declaring would be misrepresentation leading to a possible ban from entering the country for a while.
Just because the OP, a US citizen, entered the country a few times after the overstay means nothing given their immigration record will still show their previous history and the border officer at the time of those follow on entries probably just used some discretion. Honesty with CBSA and IRCC is the only policy to be followed.
Thanks for the reply. I do understand there was 6 months period ban from re-entering the country. However, 2 of my refusals were after that temporary ban. And the reason was still purpose of visit. So my guess is that I failed to convince the visa officer that I will leave Canada by the end of my study permit time.
Now I hired a new iccrc agent to work with me. She seems quite professional. Our strategy is to present the documentation of my diseases, which indeed affected my ability to act during my overstay and for the bad grades of last year. I have doctors' note and some measurements to proof my disease both from my home country and Canada. Hope they will understand my situation back then and my honesty will be rewarded.
Btw, all documents are true and trackable. What do you guys think? Do I still have a slim chance??
I doubt that. Overstay is a serious offence. I overstayed and returned to my home country willingly. I want to re-enter Canada and finish my degree but still got rejected for purpose of visit.
I called an immigration law firm and the lawyer bluntly told me not to try applying again after being rejected so many times. He also said I have a very slim chance to re-enter just because of my overstay.
Then I called a few other immigration agencies and they also told me the chance would be between 10% to 30%.
All people I called are professional and licensed.
So just for whoever is overtly optimistic that the government would be forgiving enough to give you the second chance. Think again and be prepared to get disappointed.