Overstayed and coming back

[Pvp11]

hi,
I am married to a Canadian citizen, we moved to Canada in March and applied for my PR in September with him sponsoring me, we are also waiting for our daughters citizenships.
I thought that once I applied for my PR I could stay in Canada, but I just discovered that is not the case, that I needed to get an extension, I have now overstayed for 70 days without knowing it.
I am not applying for a restoration of my status, but I have a flight scheduled to leave in 10 days, for a week, but I’m worried they won’t let me back in.
Does anyone have a similar experience? I also have a multiple entry visa so I don’t need to apply for a new ETA, I’m also flying directly to my country, not going through the US.

Does the fact that I have a pr application in process, a Canadian husband, and that I left before the “90 day restoration time” avoid any trouble. Anyone who overstayed was able to return with no issues?

 

[Buletruck]

None of those exempt you from meeting the same requirements as any other foreign national. It will all depend on how the CBSA officer you encounter views it.

 

[Pvp11]

I understand it doesn’t exempt the requirements, I’m just trying to hear if someone had a similar experience and how did it go trying to come back into Canada

 

[Buletruck]

I understand it doesn’t exempt the requirements, I’m just trying to hear if someone had a similar experience and how did it go trying to come back into Canada

Your question inquires about having a PR application or Canadian husband help you avoid issues with CBSA. The answer is no it doesn’t help you avoid troubles with CBSA. The 90 day restoration time is a grace period to apply for restoration, not so you can remain an extra 90 days beyond you visa expiry date. You have overstayed, period. If CBSA decides you aren’t a genuine visitor, then they can refuse you entry. If they do, don’t make to big a fuss or it may result in a one year ban if you aggravate them enough.

Does the fact that I have a pr application in process, a Canadian husband, and that I left before the “90 day restoration time” avoid any trouble.

 

[canuck_in_uk]

hi,
I am married to a Canadian citizen, we moved to Canada in March and applied for my PR in September with him sponsoring me, we are also waiting for our daughters citizenships.
I thought that once I applied for my PR I could stay in Canada, but I just discovered that is not the case, that I needed to get an extension, I have now overstayed for 70 days without knowing it.
I am not applying for a restoration of my status, but I have a flight scheduled to leave in 10 days, for a week, but I’m worried they won’t let me back in.
Does anyone have a similar experience? I also have a multiple entry visa so I don’t need to apply for a new ETA, I’m also flying directly to my country, not going through the US.

Does the fact that I have a pr application in process, a Canadian husband, and that I left before the “90 day restoration time” avoid any trouble. Anyone who overstayed was able to return with no issues?

Also note that if you applied inland and are refused entry, your inland app is abandoned, as you no linger meet the requirements, and you have to start again with an outland app.

 

[Pvp11]

Thanks for all the replies, basically what I would like to know now is, is it safer to apply for my restoration now (I’m still within the 90 day period) without leaving or leave Canada and try to come back in a week after? I personally would like to leave and visit my family but want to do what’s right and less risky. Without affecting my pr application or being denied in.

 

[canuck_in_uk]

Thanks for all the replies, basically what I would like to know now is, is it safer to apply for my restoration now (I’m still within the 90 day period) without leaving or leave Canada and try to come back in a week after? I personally would like to leave and visit my family but want to do what’s right and less risky. Without affecting my pr application or being denied in.

Your safest option is to apply for Restoration and remain in Canada. Entry is not guaranteed and your overstay increases the chances of refusal of entry.

Did you apply inland or outland?

 

[Pvp11]

Your safest option is to apply for Restoration and remain in Canada. Entry is not guaranteed and your overstay increases the chances of refusal of entry.

Did you apply inland or outland?

Thank you! I applied inland for my PR, do I need to notify that I have overstayed ( even when I was still In status when my Sponsorship PR application was received)?

 

[canuck_in_uk]

Thank you! I applied inland for my PR, do I need to notify that I have overstayed ( even when I was still In status when my Sponsorship PR application was received)?

Too bad you didn't include the OWP app with your inland PR app.

No, you don't need to notify. Just apply for Restoration.

 

[Pvp11]

One more question, My passport expires in March 2020, I was planning on renewing it in the consulate at the end of January, what happens if my restoration still in process? I’ve been reading it can take 3-4 months to receive a response, can I get the new passport and send proof of valid passport, or will my restoration be denied if my passport is close to expire?

 

[canuck_in_uk]

One more question, My passport expires in March 2020, I was planning on renewing it in the consulate at the end of January, what happens if my restoration still in process? I’ve been reading it can take 3-4 months to receive a response, can I get the new passport and send proof of valid passport, or will my restoration be denied if my passport is close to expire?

You can renew and send proof. I would suggest renewing as soon as possible.