PLZ help! American husband overstayed in Canada

[Zuhra Z]

Hi,

I am a Canadian citizen married to an American citizen. I sent an inland sponsorship application which was received on January 24, 2014. Until now, he has just gotten his Certificat de Selection du Quebec (CSQ). We are waiting for the rest. The last time he entered Canada was on December 17, 2013. We recently applied for a visitor visa extension as we realized he had stayed for more than six months which is not allowed. Our application was sent back to us because we applied too late. They said his status is already expired and that we can't even apply for restoration since 90 days have passed. It says he must leave voluntarily or further action may be taken. My question is, what to do next? Should he stay, take the risk, and wait for his permanent residency application? If he is removed from Canada, I guess his pr app would be cancelled. Should he leave and try to come back in around 2 weeks, when he might be denied entry because he overstayed this time, which would cancel his inland app if he's denied entry? Should he leave and not come back until he gets his papers, which might once again affect his app since he has to be living in Canada for the inland app? Please help. I know I'm not the only one, but this situation is very stressful to us right now.

Thanks a lot in advance

 

[Jalex23]

Hi,

I am a Canadian citizen married to an American citizen. I sent an inland sponsorship application which was received on January 24, 2014. Until now, he has just gotten his Certificat de Selection du Quebec (CSQ). We are waiting for the rest. The last time he entered Canada was on December 17, 2013. We recently applied for a visitor visa extension as we realized he had stayed for more than six months which is not allowed. Our application was sent back to us because we applied too late. They said his status is already expired and that we can't even apply for restoration since 90 days have passed. It says he must leave voluntarily or further action may be taken. My question is, what to do next? Should he stay, take the risk, and wait for his permanent residency application? If he is removed from Canada, I guess his pr app would be cancelled. Should he leave and try to come back in around 2 weeks, when he might be denied entry because he overstayed this time, which would cancel his inland app if he's denied entry? Should he leave and not come back until he gets his papers, which might once again affect his app since he has to be living in Canada for the inland app? Please help. I know I'm not the only one, but this situation is very stressful to us right now.

Thanks a lot in advance

Do as CIC requested, trying to stay is an direct offense to Canada.

WHen to come back? When he is going to land. Before that he will be refused entry most likely.

 

[canuck_in_uk]

Did you even read the guide before sending off that visitor app? You can't extend status when a person has no status in the first place and can only restore status within 90 days of expiration. There was no chance of that app ever being approved. All you did was draw serious attention to the fact that he is illegally in Canada; you would have been way better off doing nothing and waiting.

Normally, inland applicants out of status can just sit tight and wait it out. However, he has been ordered to leave Canada, so sitting tight is not an option anymore. His best bet is to leave Canada and try to re-enter, hoping that he gets a sympathetic CBSA officer.

 

[Zuhra Z]

Thank you for your replies!

@canuck_in_uk: Yes, I read it, but someone told me that they have overstayed many times and requested extensions later which were granted. I shouldn't have listened to him.