discretion of customs regarding entry into canada...????

[jclark]

My fiance overstayed his six month visit in canada by two months. We went to the US for a holiday and upon returning to canada he was detained by customs, sent to an immigration holding facility for 5 days whereupon the judge stated that as he was leaving the country voluntarily he would have no issue upon returning to Canada. We have since been told that it will be up to the discretion of whatever customs agent he gets. That appears to me to be rolling the dice and we have now hired someone to investigate whatever restrictions canadian immigration has put on my fiance (if any). Has anyone else had an experience similiar to this? It seems rather a grey area with no clear cut answers that I can find.
What can we expect? How does immigration "red flag" someone?

We just want to get married and be done with this.

any thoughts and experiences would be greatly appreciated

 

[uncychopper]

ya I had a somewhat similar exp , except i overstayed my visa by 3 years , I was asked to leave Canada and am not allowed to return untill oct 15 , unless I fill out the application to return to canada (ARC) and pay the fee . I have since submitted the common law sponsorship application and am waiting on a reply. My partner has been approved as a sponsor and they are now proccessing my end of the app. As far as I'm concerned as long as the relationship is genuine I see no real reason for them to dismiss the app. I will let ya know how I get on . I am hoping for a positive answer anyday now.

 

[jclark]

how long was it since you left and they said you could return on october 15th...under what circumstance was that? i have heard that you have to be out of country for six months...I hope everything goes well with your situation...i'm thinking of going to england in september, but now i'm wondering if I can't do anything there to further our cause of getting married
this is all so convuluted.

 

[uncychopper]

hi not sure if you got my reply to your e-mail but hopefully you did and it helps a bit ..

 

[Eric Parker]

"How does immigration "red flag" someone?"

With me, it was because I answered that I met my friend 'on-line' and, apparently, that answer gets you sent to a customs officer who admonishes you about how meeting someone 'on-line' is not an appropriate way or reason to visit Canada. Since then, I get to be screened twice in customs when I visit now and have with me a load of documents to show that I am not some sort of internet stalker.

 

[Leon]

They probably have your passport number red-flagged.