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Overstayed Tourist Visa, Have Working Holiday Visa, what will happen upon re-entry?

Buletruck

VIP Member
May 18, 2015
6,686
2,531
Others can comment, but I’d say you stand about a 50/50 chance of being refused entry and having your visa cancelled. The issue being you have shown your intent is to remain in Canada, regardless of you status. CBSA will have access to the dates you entered both Canada and the US, so it will be apparent you overstayed. Having a child born in Canada won’t be a determining factor, particularly since your BF is only here on a WP. It’s all going to depend on the CBSA officer you encounter at entry.
 

spousalsponsee

Hero Member
Apr 21, 2017
573
170
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.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I also think that having your family stay together in Canada will not be viewed as a good reason for you to have overstayed in Canada. Many Canadian citizens are not given a visa for their spouses to attend the birth of their baby. I would make sure you bring proof of your paid hospital bills when you try to come to Canada again.
 

DSny

Newbie
Feb 19, 2018
2
0
I also think that having your family stay together in Canada will not be viewed as a good reason for you to have overstayed in Canada. Many Canadian citizens are not given a visa for their spouses to attend the birth of their baby. I would make sure you bring proof of your paid hospital bills when you try to come to Canada again.
We used a midwife here so we had no fees to pay.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
We used a midwife here so we had no fees to pay.
You got very lucky. There are very few pro bono midwife spots. You should be very thankful that those midwives were willing to work for so many months without getting paid. I would consider paying for the services you received once you can. That way they may be able to offer another pro bono birth to another mother in need without taking money out of their own pocket because they care about maternal health.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
You got very lucky. There are very few pro bono midwife spots. You should be very thankful that those midwives were willing to work for so many months without getting paid. I would consider paying for the services you received once you can. That way they may be able to offer another pro bono birth to another mother in need without taking money out of their own pocket because they care about maternal health.
The midwives still get paid. "Free" midwife services are paid by the taxpayers.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I have come to discover that midwives are salaried and not bill for service so you are right. Not sure how this woman got free care given she is a visitor. It’s one thing if the midwife group is offering to work pro bono but given the wait lists to get into a midwife practice for Canadian citizens and PRs why are we paying this women’s healthcare? She is American citizen, her partner works and she is able bodied. Rididculous.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
Was pretty surprised about the free care. This is what I have found out so far. I am waiting to see what the national policy is but under Ontario policy care shouls habr not been free.

"Midwifery care is free for everyone who is a resident of Ontario (i.e. it’s free if you don’t have OHIP yet but will after three months because you are moving here). This government coverage includes routine tests and appointments. However, the Ontario government does not pay for hospital stays for those still waiting for their OHIP to begin.



Visitors to Canada will not have their care paid for by the government, thus must pay out of pocket. Many midwife practices choose not to serve non-residents due to the shortage of midwives available to residents. However, if a clinic does serve a visitor, the visitor must always pay for their own care.



Unfortunately at this time there aren’t enough midwives in Ontario to serve everyone who wants midwifery care, and some will be disappointed. Our association hopes that someday there will be enough midwives in the province for all the people who want them."