Previously Overstayed Will I be allowed back in?

[big henyr]

Hi Everyone,

Any advice would be greatly appreciated as my case is a little different but (hopefully) simple:

I moved to Canada on a 2 year temporary work permit that expired in May (youth mobility).
I moved to Canada as my now fiancee is Canadian and her work took her there (we had met in the Uk (I am from the UK)).

I run my own business in the UK so my work is not considered work for immigration purposes (from the Canadian immigration website), however I got the work permit to do "things properly" so that I could open a bank account pay taxes etc.

Earlier this year, my Fiancee sponsored my permanent residency application and an application for an Open work permit before my initial 2 year work permit expired. However after my two year work permit had expired it got sent my whole application back as I was missing the UK Police certificate.

At that point I realised that I had no status in Canada (even though I had been told by the immigration call centre that this would not happen). I applied to reinstate my status (within 90 days), and that was in the process of being done. However while that was being done my grand mother (whom I was really close to) passed away so I had to return to Europe for the funeral.

I was not issued a departure or deportation notice, but I left of my own will (I was only staying in Canada as I had been told that I could not leave until the restoration of status was complete. This in itself was a pain as because of my work I have to travel a lot)).

At this stage because Canada does not record departure, my restoration of status is still on going. What I want to find out is if I am best to leave the restoration run it's course so that my status is restored (even if I am not longer in the country at least it will show that I did the necessary to resolve it. Obviously it will be null immediately as it does not allow entry but at least I will not have the overstayed black mark against my name) before going back to Canada or if I can go back before it is complete and try to enter on a tourist visa? Basically will the fact that I previously overstayed (less than 90 days) mean that I will be bared from entering?

I would come with proof that my work in the UK is not considered work for immigration purposes, that I can financially support myself and have a return flight leaving Canada.

I am particularly interested in coming to Canada for a couple of days as I have a holiday planned with my fiancee and the flights are booked from Canada and cannot be changed. So I was hoping of coming into Canada for a day or 2 flying off, coming back to Canada for a day and flying back to Europe (I have some things to sort out for my grand mothers inheritance and would have an internal EU flight (she lived in Europe) booked before going coming to Canada (which is extra proof that I intend to leave Canada as I would have my flight leaving Canada and my next flight after that booked).

Ultimately it comes down to this:
Is there any automatic banning of people who overstay from coming back in to Canada in the case where they left of their own choice (ie where not subject to departure / deportation orders. The reason for this is that I am not worried about proving that I would leave as I have very strong ties to the UK).
I read somewhere that if I tried to come in and the person at the border force refused to let me in then I could be banned from coming back in for a year, is this true?
What would be the risk if I tried to come in and the boarder agent refused?

 

[monkeys89]

It's not super simple.

1. Canada does not have exit immigration, true, but there is some data sharing with airlines and other countries, plus where you exited to, did they stamp your passport on arrival? Your passport should then therefore show you overstayed. Additionally, you applied for a restoration of status, which necessitates status being expired, so IRCC knows you were in Canada without status.

2. If any form anywhere asks if you have overstayed a visa, you must answer yes. If IRCC examines your travel records and finds that you overstayed and misrepresented it, you'll have significant challenges.

3. I don't know if there's an "automatic" ban, but remember that your visa application (and entry application) is subject to review on the question of "is this person likely to overstay a visa?" Since you've overstayed once already, you will need to be ready to prove how you will be different this time around.

4. I believe that CBSA can issue you a travel record with a prohibition on entry. I'm not 100% confident, but I believe they can.

In terms of risk if you tried to come in and the border agent refused - think about the fact that you overstayed and IRCC knows you did. Then ask yourself what proof you have that you will not overstay again.

Importantly, booked airline tickets are not proof that you will not overstay.