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urgent/ husband can be in trouble

Halifax-Maple

Star Member
Jul 19, 2009
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Hello

My husband is European (does not need visa to enter Canada). We are planning for sponsorship; so he can move to me in Halifax. He visited us recently. He overstayed for uncompromised reasons. I am not trying to justify. The wrong thing is always wrong. But the fact remains: he overstayed. He left Canada 2 months ago. As you know in Canada airports, they don't stamp the departed passports. In his Eurpean country, they don't stamp the arrival citizens passport too. He is coming back to visit us in Canada in 2 days time. The Question is: will he face troubles? would immigration have an access to his departure details (2 months ago) from the airline database? he did not do anything wrong during his stay..he was not arrested at any time. He used Air Canada from Halifax to Toronto first, which was obviously countd as internal flight. He checked again in Toronto to Europe flight. I mean he was free to leave the airport in Toronto and go to the city as no body was watching or following him.
Again will he be ok to come back? or will he be suprised?

Please forgive me and don't think I am justifying any illegal activity. It just happened and we had no other choice.
I really appreciate your feedback

many thanks
 

Leon

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Jun 13, 2008
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You did have another choice. As soon as you knew he wouldn't be leaving within the time limit, you could have applied to extend his visit status.

Anyway, they probably don't know he overstayed so he will probably be ok.
 

Halifax-Maple

Star Member
Jul 19, 2009
130
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Leon said:
You did have another choice. As soon as you knew he wouldn't be leaving within the time limit, you could have applied to extend his visit status.

Anyway, they probably don't know he overstayed so he will probably be ok.
Hmmmmm. I am still nervous. "Probably..." means there is still a chance of facing trouble.

further feed back would be great.
 

Cocacola

Full Member
Jun 18, 2009
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If they checked his pasport when he left Canada the last time, he could have been fined or so. I wouldn´t be worried.

But I don´t know for sure, my guessing is based on when I overstayed my VISA in Israel many years ago, I was supposed to get fined for that, but I got away with that, my charm helped me :)
 

Halifax-Maple

Star Member
Jul 19, 2009
130
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Cocacola said:
If they checked his pasport when he left Canada the last time, he could have been fined or so. I wouldn´t be worried.
His passport was checked by the airliner (like anyone else). My worries are this :"do immigration officers have an access to airlines and flights' databse? They don't stamp passports on EXIT. So how do the immigration officers know the Cnd PRs stayed in Canada or out of Canada when they calculate the citizenship entitlement?

May be I am paranoid but I am certainly nervous when it comes to my dear husband.

Thanks
 

nguyentu2001

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Mar 19, 2009
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they enter your name and passport number on database every time you art in and out
 

Halifax-Maple

Star Member
Jul 19, 2009
130
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nguyentu2001 said:
they enter your name and passport number on database every time you art in and out
"they enter"..who are they?
Also, it is too late to apply for a new passport. he is arriving in 2 days
Thanks
 

AllisonChains08

Star Member
Feb 5, 2009
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Unless it's different where you are the person that I went through at customs scanned my passport so I'm assuming that puts on record when you arrived.. I don't think stamping it is the only means of keeping track of you.
 

Halifax-Maple

Star Member
Jul 19, 2009
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AllisonChains08 said:
Unless it's different where you are the person that I went through at customs scanned my passport so I'm assuming that puts on record when you arrived.. I don't think stamping it is the only means of keeping track of you.
My husband' passport was ONLY checked by the Air Canada person (during luggage check/weight process). No immigration officer was involved.
 

rjessome

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Feb 24, 2009
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Your spouse corrected his overstay when he left Canada. It's fine. Canada does not have exit controls on passports nor do they charge a fine if you overstay. If they find you have overstayed (while you are still here) they will issue you a removal order. And they have no other way of keeping track of you UNLESS you reveal your overstay through another measure, like a speeding ticket, etc.

Now what "could" happen is he could be questioned by CBSA officers upon entering Canada. They may be reluctant to let him enter if they feel he will not leave Canada at the end of his stay. The way to prevent this is bring solid proof that he will leave in the form of a return ticket, letter from his employer stating when he has to go back to work, records of any assets in his home country like property, etc. He must show ties that will allow them to believe he will leave. THIS CAN HAPPEN TO ANYONE and has nothing to do with his previous overstay unless he was issued a removal order. Then that's a whole other can of worms. But assuming he left of his own accord without "prompting" from CBSA, they do not have any knowledge of the overstay.

Be careful about giving and receiving advice on forums! There is some bad and paranoid advice in this thread. Get a new passport??? Whatever. You don't think his old and new would be linked? I mean, seriously.

And NO, CBSA does not access the airlines records for passport information unless there is cause to do so and after going through a bunch of legal wrangling that better be worthwhile, like catching a terrorist or something like that.
 

nguyentu2001

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Mar 19, 2009
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Halifax-Maple said:
nguyentu2001 said:
they enter your name and passport number on database every time you art in and out
"they enter"..who are they?
Also, it is too late to apply for a new passport. he is arriving in 2 days
Thanks
At customs, when the customs officers checking your passport, they keep a detail of your passport info....they might scan your passport as well. I am sure they have ways to keep track.