Overstayed WHV and re entering

[andrewpc]

Hi there....

I overstayed my WHV from the UK by around a year. I wasn’t issued a removal order and left of my own accord, I believe this ‘forgives’ my overstay?

Fast forward around 9 months and I am coming back into the country to visit friends and family for around 10 days and have been issued an Eta without any issue, i have return direct flights booked from the uk and wondering if it’s likely i will experience any issues re-entering Canada based on this overstay or does the issuing of the Eta mean I’m in a favourable position.

I appreciate this isn’t an exact science but any insight or information you could offer would be very much appreciated.

 

[scylla]

Hi there....

I overstayed my WHV from the UK by around a year. I wasn’t issued a removal order and left of my own accord, I believe this ‘forgives’ my overstay?

Fast forward around 9 months and I am coming back into the country to visit friends and family for around 10 days and have been issued an Eta without any issue, i have return direct flights booked from the uk and wondering if it’s likely i will experience any issues re-entering Canada based on this overstay or does the issuing of the Eta mean I’m in a favourable position.

I appreciate this isn’t an exact science but any insight or information you could offer would be very much appreciated.

The fact you left of your own accord does not forgive your overstay.

A year overstay is really quite a long time and a big violation of your visa. The fact you've been issued an ETA is certainly a good sign. I would ensure you keep your trip to the 10 days as planned. I would additionally carry proof of ties to the UK just in case (e.g. proof of employment, property rental / ownership). You should be fine. If asked any questions - answer everything truthfully.

 

[andrewpc]

The fact you left of your own accord does not forgive your overstay.

A year overstay is really quite a long time and a big violation of your visa. The fact you've been issued an ETA is certainly a good sign. I would ensure you keep your trip to the 10 days as planned. I would additionally carry proof of ties to the UK just in case (e.g. proof of employment, property rental / ownership). You should be fine. If asked any questions - answer everything truthfully.

Thanks very much for the response, very speedy and somewhat put my mind at ease.

I have rental documents, a letter sent from my employer and also figure I will take with me my marraige documents proving I am getting married in the uk in July? Do you think that will be enough?

I also have a follow up question if that’s alright? My wife to be is a Canadian citizen and we are planning on moving back to Canada later this year/early next through spousal support PR, as long as I am fully truthful on my application and detail my overstay, am I right in saying that the overstay won’t be held against me? I have read a few threads and get the impression the overstay only becomes an issue if lied about, am I correct with that?

Finally, when I have applied and submitted out of country PR through my spouse, what’s the likelihood that i will be able to come to Canada as a visitor and await its processing?