Overstayed

Oceanic88

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Hi

Here is my situation. Im a Canadian living in Lombok, Indonesia. I'm married to a women from Lombok and we have a son who was born here and is over a year old.
At the time of our marriage, my visa was still good as I had extended my visa on arrival. So we have the buku nikah and all the legitimate documents. Also I have a new Canadian passport as my old one expired in March 2016, so I had that renewed through the consulate of Canada in Jakarta (still have the old one with the arrival stamp).
Since then (January 2015) I have overstayed my visa, due to lack of income to afford me leaving the country. I arrived to Indonesia with visa on arrival and I had the one month extention within that time I had married.
I plan to go back to Canada with my wife and son as soon as I have the money, but will they be able to come with me, as Im assuming i'll be deported and black listed. Also do I need to go to Jakarta airport to do this or can I leave here from Lombok airport?

I don't know when I'll have the tickets ready, It could be another few months or longer.

I'm not fooling around here in Indonesia for the last two years. I'm just trying to start a family and take care of my wife and son. I love Indonesia and my father is from Sumatera, but I was born and raised in Canada.

Please any advice on what I should be doing now, and what my next step should be. We just finished making my wife's passport. I really don't have money and that's kind of what lead me into this in the first place.

Thanks for your time.
 

Travellingchez

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Based on the thread is linked you to the recommendation is to surrender yourself to immigration at Bali airport as they have the full immigration there. You could easily take a.boat from Lombok to there.
 

William King

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Good luck, not a situation I'd want to be in.

I recall the advise being overstay is not a criminal offense, but working without the correct visa is so do not admit to working.
 

PhilippeD

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Hi Oceanic88

While reading your post I had Some page of the CIC (Canadian Immigration) open in the computer.
From what I know, Canada ask police certificate only for none citizen... but If you are deported they will probably know about it. I have no idea of how much this could give you trouble to sponsor your family.
You can sponsor your family even if you use an immigration loan (for repatriation) until you don't miss a payments or are in arrears.
At the exception if you are living in Quebec, you will need to do fill a sponsorship evaluation. You don't need to prove income for the Quebec and the process is a bit different.
 

dafluff

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I plan to go back to Canada with my wife and son as soon as I have the money, but will they be able to come with me, as Im assuming i'll be deported and black listed. Also do I need to go to Jakarta airport to do this or can I leave here from Lombok airport?

This is two separate issues. First issue, will you be deported and black listed. The answer is yes. The threads already pointed out by other posters already covers this situation. I also recommend getting out of Bali's airport, as they have a Kelas I Khusus Immigration on site (well, nearby).

The second issue is will your Indonesian family come with you? Ideally this means you apply first for landed immigrant visa with the Canadian embassy. This is not cheap either, but last I heard you can get this done within 6 months (used to be a 2-3 year process). http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp
 

Oceanic88

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Thanks for all the help and advice. It helps to know there are solutions and a way of getting around this.

1. I guess my first question was regarding me overstaying and leaving Indonesia. Now it's clear I should leave from Bali airport. I will bring my old passport which contains the stamp on arrival as well. And I should arrive to the airport well before my departure time maybe 10 or more hours before, to get things sorted out. My wife and son will come with me, and hopefully no problem. (as my wife is not aware and doesn't know what overstay is, or anything about immigration law for that matter..).

Does anyone know how long I will be blacklisted for?

2. As for my Indonesian family being sponsored. I was planning on having them arrive to Canada and then once inside sponsoring them from within Canada. But as dafluff said above, "Ideally this means you apply first for landed immigrant visa with the Canadian embassy."

Does this mean that we must do this now and wait the six months again?

Thanks everyone for your help with this. I guess i'm still coming up with a formidable plan.
 

dafluff

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Does anyone know how long I will be blacklisted for?

A minimum of 6 months. By law it then expires, unless someone requests an extension. However, in practice it often renews automatically until someone requests it to stop.

2. As for my Indonesian family being sponsored. I was planning on having them arrive to Canada and then once inside sponsoring them from within Canada. But as dafluff said above, "Ideally this means you apply first for landed immigrant visa with the Canadian embassy."

Does this mean that we must do this now and wait the six months again?

Thanks everyone for your help with this. I guess i'm still coming up with a formidable plan.

Alternatively you may seek a tourist visa for them, they go to Canada, then what? CBSA usually stamps a 6 month stay permit to tourist visas, then you have to exit Canada. To where? You will also need a bunch of supporting paperwork and translations for them, which may easiest be obtainable in Indonesia. If you have relatives in Indonesia who are able to provide these documents to you if needed, then that plan may work. Maybe peruse the CIC website and familiarize yourself with the application process and see what is needed.
 

Oceanic88

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So we just went to immigration office to make a passport for my son. And after taking the photo of my son, the man behind the desk asked where my kitas or visa was..We told him that my passport was at home. So he demanded we come back tomorrow with that a copy of my kitas. Now I'm stressed because it means we can't pay for the passport until I give them my kitas which I don't have. And they also have all our documents as a photo copy.
 

Bad_azz

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So we just went to immigration office to make a passport for my son. And after taking the photo of my son, the man behind the desk asked where my kitas or visa was..We told him that my passport was at home. So he demanded we come back tomorrow with that a copy of my kitas. Now I'm stressed because it means we can't pay for the passport until I give them my kitas which I don't have. And they also have all our documents as a photo copy.

Just to look at this from a different angle- let's assume you were out of the country.
How would they process a passport for your son then?
The passport is about your son - not about you- so there must be some logical way around this.

I dunno what it is but I suspect that your visa status is irrelevant in respect of your son having a passport if his mother is Indonesian & he has a birth certificate.

I could be way off base though.
 

atlantis

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Just to look at this from a different angle- let's assume you were out of the country.
How would they process a passport for your son then?
The passport is about your son - not about you- so there must be some logical way around this.

I dunno what it is but I suspect that your visa status is irrelevant in respect of your son having a passport if his mother is Indonesian & he has a birth certificate.

I could be way off base though.
You are almost on the right track BA. The father immigration status is irrelevant but his ID is, and this is why they need his passport, or a copy of it. Of course, if he would be out of the country, officially leaving in a few days for example and being too busy in the meantime to go to the kanIm, and that the mother would just bring a copy of the passport in a a couple of weeks or so, it would perhaps help. It would also mean that she would be lying to Imigrasi which is certainly not acceptable. Though it may be convenient.

Don't get me wrong, hey? I don't advocate to do it or to lie to Imigrasi. Just giving this example to elaborate on what your post implies and highlight that the copy of the KITAS is not imperatively necessary if he's not in the country, officially.
 

Bad_azz

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You are almost on the right track BA. The father immigration status is irrelevant but his ID is, and this is why they need his passport, or a copy of it. Of course, if he would be out of the country, officially leaving in a few days for example and being too busy in the meantime to go to the kanIm, and that the mother would just bring a copy of the passport in a a couple of weeks or so, it would perhaps help. It would also mean that she would be lying to Imigrasi which is certainly not acceptable. Though it may be convenient.

Don't get me wrong, hey? I don't advocate to do it or to lie to Imigrasi. Just giving this example to elaborate on what your post implies and highlight that the copy of the KITAS is not imperatively necessary if he's not in the country, officially.
Would anything else be acceptable as ID? Sim A/C?

If it was me I would get my bum out of the country and then my family at a later date- that way it is more or less on my terms - rather than risk being ejected before I had chance to prepare whatever needed to be dealt with.
 

PhilippeD

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A note for Oceanic88

Get a Police certificate (SKKB - Surat keterangan kelakuan Baik) for your wife BEFORE she leave the country.
You will need it, original, no copy accepted, for process a permanent residency for your wife.

It suck trying to get it while out of the country.
 

Oceanic88

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Thanks again guys for the advice.

So it turns out immigration office kept our buku nikah, so my wife has to go back and get them. We also want to try and proceed with making my son's passport, so my wife is gonna just tell them im out of the country., and see if they can just finish the process. I know it's a bit dicey but we really just need that passport for my son.

My parents (and us here of course) really want us to hurry and come back to Canada, because the whole situation is getting us all a bit stressed, espesially if we have to wait another 6-8 months in Indonesia for Canada to process the sponsor applications and my son's proof of citizenship.

So what my parents are thinking is to just make the Indonesian passports for my wife and son, and then apply them for a temporary stay visa. once they are in Canada hopefully we can extend their visas, and also start the process for them to become permanent residence.

hopeing and praying this will all go well...my wife will go back to the immigration office on monday without me.
 

Puspawarna

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Thank you for keeping us updated, Oceanic88. It is greatly appreciated when posters let others know what happens. Fingers crossed for you...hope it all works out.
 

PhilippeD

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I was in the same situation not long ago, not overstaying, but in hurry to come back to Canada.

The CCC (Certificate of Canadian Citizenship) can be apply only in person.
At the moment you have the CCC they will not issue a visa for a Canadian citizen

Over multiple e-mail with the Canadian consulate (they are very helpful) it had no other way to bring my kid (having their CCC) in Canada than they had their CANADIAN PASSPORT.
The passport need to be apply in person too, I ask for an exception, matter of distance (and the CCC was already done in person) and I was allowed to not have my kid apply in person at the embassy in Jakarta.

I strongly suggest you the contact the consulate (not the embassy) for ask advise as if you are better to CCC & passport your kid first or just got a visa for them as Indonesian (without CCC).

Also, search the web for whatever document you must needed in the future and have them prepare and translated before leaving.
Drive permit can be a pain depending of situation and province
I started the process for the Canadian child support (don't remember the exact name) a month before leaving Indonesia and it went very well - it was finished after my arrival - the Québécois child support counterpart procedure is a pain in the *** and not still finish (hoping it will be in the next month).
 

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