Hi,
I overstayed my tourist visa in Canada by 3-4 months. I’m a US citizen. The reason for overstay is because I had a baby here and if I left it would be hard to keep the family together as my boyfriend could not come to the states with me since he is an EU citizen (he’s here on a work permit) and we are not married.
When my visa was due to expire, I applied for a working holiday visa through the IEC program. I was granted this, however have not activated it yet. I never extended my tourist visa because by the time I realized I could it was after the 30 day limit before my visa was due to expire.
I will be taking a trip to the US for two weeks with my baby. She has a Canadian passport since she is a Canadian citizen. I will attempt to activate my IEC work permit on my way back in to Canada.
What are my chances of getting let back in, especially as I will have my baby with me? Will they be willing to overlook my overstay because of the family hardship it would have created? Please note I have not been working here in Canada, I have been staying at home looking after the baby. The only law broken was that I overstayed. Has anyone dealt with a situation like this? Are there any precautions I can take to help my situation when I come back in?
I will be entirely truthful and am happy to hand my phone and all documents over to the immigration officer. I just don’t want my family to be torn up which is part of the reason I never left to reactivate my tourist visa in the first place.
I feel like if it was a problem they wouldn’t have approved my working holiday visa?
What 'family hardship' would stopping you from entering create? Neither you nor your partner has a long-term in Canada (and I can't imagine why you had a baby there instead of in the US - if you're wondering, no, that baby couldn't sponsor you for residency until it was at least 18). In addition, by unnecessarily overstaying your visitor status (when you could have easily extended it), and having a baby in Canada, you're basically demonstrating that your intent is to stay long-term, which isn't compatible with visitor status, and doesn't sit comfortably alongside a temporary work permit.
Realistically, you should have extended your stay as a visitor, or left the country & if you wanted, had your partner visit you in the Us (which, as you say he's an EU national, would have been easy), or gone to visit in his country of origin.
You might get back in, but nobody can guarantee it.