Overstayed Visa in Canada, help.

[trudyla]

My American fiance has overstayed his visitor Visa and we're about to get married and start the permanent residence paperwork. How will this impact us and what can we do about it?
Thank you

 

[k.h.p.]

He won't be eligible for an open work permit. If CBSA comes knocking, they won't necessarily order him removed if a PR application is pending, but it's still possible.

He shouldn't leave Canada as he may not be re-admitted.

 

[canuck_in_uk]

My American fiance has overstayed his visitor Visa and we're about to get married and start the permanent residence paperwork. How will this impact us and what can we do about it?
Thank you

By how long?

 

[trudyla]

By how long?

Not totally sure, about 6 months. It's a bit of a story, with some ptsd around border crossing.

 

[trudyla]

He won't be eligible for an open work permit. If CBSA comes knocking, they won't necessarily order him removed if a PR application is pending, but it's still possible.

He shouldn't leave Canada as he may not be re-admitted.

We're getting married first, and then we're going to submit the PR application and going to explain everything in the application, and hope the overstay will be forgiven. When you say he won't be eligible for open work permit do you mean for now, or...?

 

[canuck_in_uk]

We're getting married first, and then we're going to submit the PR application and going to explain everything in the application, and hope the overstay will be forgiven. When you say he won't be eligible for open work permit do you mean for now, or...?

The overstay is not a reason for the PR app to be refused.

He would only be eligible to apply for the OWP after AIP, which comes at the very end of the PR process anyways.