Spouse Sponsor- Marrying my Canadian gf while i overstayed and left voluntarily.

[ayushi4]

Hi,
I came to canada in student visa, however due to family situation and other circumstances, i was not able to finish the course and was forced to join work. I visited my home country and came back and was told my expiry to my visa. I overstayed and left the country voluntarily. I have a gf in canada who is a canadian citizen and we decided to marry. I left canada in oct 2018, will there be any problems in applying when she is applying for a spousal sponsorship ?


Kindly advise me what is the best way my gf can bring me to Canada

 

[scylla]

Hi,
I came to canada in student visa, however due to family situation and other circumstances, i was not able to finish the course and was forced to join work. I visited my home country and came back and was told my expiry to my visa. I overstayed and left the country voluntarily. I have a gf in canada who is a canadian citizen and we decided to marry. I left canada in oct 2018, will there be any problems in applying when she is applying for a spousal sponsorship ?


Kindly advise me what is the best way my gf can bring me to Canada

There should be no issue provided you can demonstrate that your relationship is genuine. Note that you must either be married or common law in order for her to sponsor you.

Make sure you are 100% honest about your immigration history in Canada in your application. I would avoid saying that you were "forced to join work". No one forced you. You made a decision to do this.

 

[canuck_in_uk]

Hi,
I came to canada in student visa, however due to family situation and other circumstances, i was not able to finish the course and was forced to join work. I visited my home country and came back and was told my expiry to my visa. I overstayed and left the country voluntarily. I have a gf in canada who is a canadian citizen and we decided to marry. I left canada in oct 2018, will there be any problems in applying when she is applying for a spousal sponsorship ?


Kindly advise me what is the best way my gf can bring me to Canada

Agree with above. You made the choice to work illegally. No one forced you to do it.

 

[ayushi4]

Yes, no one forced me. It was my decision. I understand that.

I want to be 100 % honest, but what do you mean by immigration history ?
Should my gf mention anywhere that my visa was expired when she is applying for spousal visa?

Will there be any chances that this could get rejected. Will the process of applying spousal visa be intervened because of my overstay?

Kindly tell me possible ways that my gf could get me here.
1. Spousal Visa?

Should my gf contact immigration lawyer to prepare for this process or would she be able to fill the application with all supporting documents of our marriage.

There should be no issue provided you can demonstrate that your relationship is genuine. Note that you must either be married or common law in order for her to sponsor you.

Make sure you are 100% honest about your immigration history in Canada in your application. I would avoid saying that you were "forced to join work". No one forced you. You made a decision to do this.

 

[ayushi4]

Agree with above. You made the choice to work illegally. No one forced you to do it.

I agree... no one forced to me to work. I made the choice. Kindly give me a solution as to how my gf could sponsor me after marriage?

Will my overstay affect in the spousal sponsorship application process?

 

[scylla]

Yes, no one forced me. It was my decision. I understand that.

I want to be 100 % honest, but what do you mean by immigration history ?
Should my gf mention anywhere that my visa was expired when she is applying for spousal visa?

Will there be any chances that this could get rejected. Will the process of applying spousal visa be intervened because of my overstay?

Kindly tell me possible ways that my gf could get me here.
1. Spousal Visa?

Should my gf contact immigration lawyer to prepare for this process or would she be able to fill the application with all supporting documents of our marriage.

Your girlfriend needs to sponsor you for PR using the outland sponsorship process (assuming you are outside of Canada). If you don't want to go that route then you would have to qualify for PR on your own and apply through an economic immigration stream like Express Entry.

There are a number of forms you will need to complete as part of the process. For the dates you were in Canada without authorization, you should list your status as such on the forms. If you were ever refused a visa to Canada or any other country, you will need to provide this information as well.

 

[ayushi4]

Your girlfriend needs to sponsor you for PR using the outland sponsorship process (assuming you are outside of Canada). If you don't want to go that route then you would have to qualify for PR on your own and apply through an economic immigration stream like Express Entry.

There are a number of forms you will need to complete as part of the process. For the dates you were in Canada without authorization, you should list your status as such on the forms. If you were ever refused a visa to Canada or any other country, you will need to provide this information as well.

Applying for spouse sponsorship is different from applying for PR for spouse right? Like the processing times . which is better process to apply for without having rejected. As i am aware, once the application gets rejected, it is very hard to process again.
Yes, I am outside of Canada.

When my girlfriend completes the forms also, she would need to mention those unauthorized dates of me staying in canada?
Applying for PR means, mentioning these dates what are the chances of getting rejected?

 

[scylla]

Applying for spouse sponsorship is different from applying for PR for spouse right?

No - it's the same thing.

 

[ayushi4]

No - it's the same thing.

When my girlfriend completes the forms also, she would need to mention those unauthorized dates of me staying in canada?
Applying for PR means, mentioning these dates what are the chances of getting rejected?

 

[canuck_in_uk]

When my girlfriend completes the forms also, she would need to mention those unauthorized dates of me staying in canada?
Applying for PR means, mentioning these dates what are the chances of getting rejected?

You need to complete your forms and yes, you will be required to declare your overstay. The overstay is not a reason for refusal as long as it is declared.

 

[canuck78]

Also need to declare the illegal work. Assume you didn’t pay taxes. That would be something you should do.

Seems counterintuitive but if you aren’t honest about all mistakes you could end up with a ban. Assume they will also examine your relationship carefully given that you were asked to leave Canada.

 

[ayushi4]

I left Canada voluntarily.
Thank you for letting me know.
"Seems counterintuitive but if you aren’t honest about all mistakes you could end up with a ban". Can this be avoided in any case?

Also need to declare the illegal work. Assume you didn’t pay taxes. That would be something you should do.

Seems counterintuitive but if you aren’t honest about all mistakes you could end up with a ban. Assume they will also examine your relationship carefully given that you were asked to leave Canada.