OVERSTAYED OVER A YEAR/ SPONSORED ON MY BOYFRIEND’S PERMANENT RESIDENCY

[Dragon5]

Hello,

So basically. I have overstayed my AVE for more than a year now, close to two years. I was living with my boyfriend. I have studied at the University, though I wasn’t allowed as I did not have any student permit. But, it was like I was in my home country, as it was online. So the immigration didn’t know.
Now, my boyfriend is applying for his permanent residency, and he is going to add me as his legal spouse. We have the proof that we lived together for more than a year.

My only concern is, knowing that I’ve overstayed, would they still let me get my permanent residency threw my boyfriend?

 

[YVR123]

But you were in Canada while studying online. You need a study permit. So you were studying in Canada without a permit.

Do you mean common law partner (not legal spouse) for his PR application?

 

[Dragon5]

But you were in Canada while studying online. You need a study permit. So you were studying in Canada without a permit.

Do you mean common law partner (not legal spouse) for his PR application?

Yes.

Yes, a common law partner.

 

[scylla]

Hello,

So basically. I have overstayed my AVE for more than a year now, close to two years. I was living with my boyfriend. I have studied at the University, though I wasn’t allowed as I did not have any student permit. But, it was like I was in my home country, as it was online. So the immigration didn’t know.
Now, my boyfriend is applying for his permanent residency, and he is going to add me as his legal spouse. We have the proof that we lived together for more than a year.

My only concern is, knowing that I’ve overstayed, would they still let me get my permanent residency threw my boyfriend?

When did you fall out of status exactly?

Do you still hold a valid passport? If so, how long is it still valid for?

Being out of status can in certain circumstances create issues in applying for PR.

 

[Dragon5]

When did you fall out of status exactly?

Do you still hold a valid passport? If so, how long is it still valid for?

Being out of status can in certain circumstances create issues in applying for PR.

I fall out of status in February 2020. But, because I’ve lost my passport, I made a new one a the embassy of my country in Toronto. So, I’ve applied for a new AVE in September 2021, and now I have a valid AVE.

Yes I have a valid passport. It is valid for 10 years now, so until 2030.

I know, but because we are living together, and he is the one who is adding me to his application, I wanted to know if it may be ok.

 

[Dragon5]

I fall out of status in February 2020. But, because I’ve lost my passport, I made a new one a the embassy of my country in Toronto. So, I’ve applied for a new AVE in September 2021, and now I have a valid AVE.

Yes I have a valid passport. It is valid for 10 years now, so until 2030.

I know, but because we are living together, and he is the one who is adding me to his application, I wanted to know if it may be ok.

Because, I had an AVE, but the officer put a stamp on it with a date. So it doesn’t matter if I have an AVE for 5 years, I had to, at least, get out of the country before coming back again. But I failed to do that in time, and then Covid happened so I just stood in the country, living with my boyfriend.

 

[scylla]

I fall out of status in February 2020. But, because I’ve lost my passport, I made a new one a the embassy of my country in Toronto. So, I’ve applied for a new AVE in September 2021, and now I have a valid AVE.

Yes I have a valid passport. It is valid for 10 years now, so until 2030.

I know, but because we are living together, and he is the one who is adding me to his application, I wanted to know if it may be ok.

Sorry, what's an AVE?

 

[Dragon5]

Sorry, what's an AVE?

It’s a permission to enter Canada for a list of country. With an AVE you don’t need a VISA. It is valid for 5 years, and you can come and go as you wish, but you cannot stay more than 6 months in Canada.

For example:
- You can come and stay 5 months, go to US for few days, and come back to Canada, and stay 5 or 6 months again.
But, sometimes the agent border can put a stamp on your passport with a date. When he thinks you may gonna stay more than 6 months. Then, you have to leave the country at this date or before. But, you can still come back and stay again during 1 to 6 months, if an agent border doesn’t put a stamp in you passport with a date.

 

[scylla]

It’s a permission to enter Canada for a list of country. With an AVE you don’t need a VISA. It is valid for 5 years, and you can come and go as you wish, but you cannot stay more than 6 months in Canada.

For example:
- You can come and stay 5 months, go to US for few days, and come back to Canada, and stay 5 or 6 months again.
But, sometimes the agent border can put a stamp on your passport with a date. When he thinks you may gonna stay more than 6 months. Then, you have to leave the country at this date or before. But, you can still come back and stay again during 1 to 6 months, if an agent border doesn’t put a stamp in you passport with a date.

AVE is not a thing in Canada. It doesn't exist.

Are you talking about an eTA?

 

[Dragon5]

AVE is not a thing in Canada. It doesn't exist.

Are you talking about an eTA?

Yes, it’s the same thing.
eTA is English and AVE is in French, depending on the language of the website. So it does exist.
As I am French, I got an AVE, same as eTA.

 

[scylla]

Yes, it’s the same thing.
eTA is English and AVE is in French, depending on the language of the website. So it does exist.
As I am French, I got an AVE, same as eTA.

Ah - sorry, it didn't occur to me that you were using the French term.

In that case you are still out of status. Getting the eTA approved did not put you back in status. It just allows you to travel to Canada again in the future.

Unfortunately it's too late now to restore your status. There was a public policy in place that allowed people who fell out of status last year to restore their status this year. However unfortunately that public policy came to an end in August and they are no longer accepting applications.

To the best of my knowledge, your status is going to cause issues in the PR application. You should hire a Canadian immigration lawyer for advice - or make the decision to leave Canada to fix your status.

You also really need to stop studying immediately. You've been studying illegally and this adds yet another problem to the fact that you are out of status. IRCC has access to travel records and airline manifests and will know you were in Canada all of this time. There's no way to hide that and you need to be 100% honest about your travel record in any application to Canada, as well as your overstay and status.