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Overstayed work visa in canada?

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Kimmy4life

Newbie
May 6, 2019
4
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Hi there. I have a friend (tammy) who came to canada on a work visa. She came from south Africa. While here in canada she met my other friend (lisa-Canadian) and they fell in love. They moved in with each other and have been living together and raising lisa's 3 children together for the past 7 years. While here tammy has not worked since meeting lisa. Lisa supports tammy and the kids fully. Tammy attends church every Sunday and absolutely loves canada. She is of a brown color and is a gay woman. Back home she is frowned upon for both these things. She doesnt want to leave Canada and return to her home town. She fully believes canada is where she is meant to be. Tammy wants nothing more than to have status here in canada. Right now she has nothing. No Id of any kind. Lost her passport and now very expired visa. She has no Bill's or property in her name. She hasn't worked in canada other than the time during her work visa b4 she met and moved in with lisa. She has never studied in canada either.

How can tammy get citizenship and remain in canada? What are her options? Does she have any?
 
Probably time to consult an immigration lawyer before she is detected and issued a departure order/ ban which could happen at any time should there be any interaction with any government agency.

As for citizenship she would need to go through PR process first which is likely going to be problematic given such an overstay. Once a PR then needs 3 years physical presence in the 5 years preceding application time so citizenship is 5 or more year plan .

South Africa seems to have a very liberal attitude to LGBT and whilst any country does have incidents that does not seem to be any reason to be an issue in returning to South Africa .

As said probably best consult a lawyer and not amateurs on a public forum.
 
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Kimmy4life said:
Hi there. I have a friend (tammy) who came to canada on a work visa. She came from south Africa. While here in canada she met my other friend (lisa-Canadian) and they fell in love. They moved in with each other and have been living together and raising lisa's 3 children together for the past 7 years. While here tammy has not worked since meeting lisa. Lisa supports tammy and the kids fully. Tammy attends church every Sunday and absolutely loves canada. She is of a brown color and is a gay woman. Back home she is frowned upon for both these things. She doesnt want to leave Canada and return to her home town. She fully believes canada is where she is meant to be. Tammy wants nothing more than to have status here in canada. Right now she has nothing. No Id of any kind. Lost her passport and now very expired visa. She has no Bill's or property in her name. She hasn't worked in canada other than the time during her work visa b4 she met and moved in with lisa. She has never studied in canada either.

How can tammy get citizenship and remain in canada? What are her options? Does she have any?
Click to expand...

There is no direct path to citizenship.

Tammy can be sponsored for permanent residency by Lisa as a common law partner since they have been living together for more than one full year. Tammy needs a valid passport to apply for permanent residency. So the first step is to get a valid passport.

They will also have to be able to prove that they have lived together for at least one full year. If her name isn't on any bills or on the property, they should change this immediately and they may have to wait another year before they have sufficient proof to apply for PR as a common law couple.
 
She has absolutely no Id. Her family doesnt really speak to her as she has been outcasted for being gay. How would she go about even getting id or passport or bill
 
Kimmy4life said:
She has absolutely no Id. Her family doesnt really speak to her as she has been outcasted for being gay. How would she go about even getting id or passport or bill
Click to expand...

Each country has different rules for how passports are issued. She will need to research to determine how to apply for a new SA passport from within Canada and if that's possible without having status in Canada. I would recommend that she start here:

http://www.dha.gov.za/index.php/civic-services/travel-documents
 
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