Overstaying Canada Visa due to Canadian Spouse

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Hi,
I am hoping someone has some advice here. My friend is from Australia and married a Canadian, they lived in Australia but in the last two years of marriage they moved back to Canada. He got just a regular 6 month visa planning on getting his citizenship from his marriage. His wife kept putting off signing the paperwork and a year later after visa long expired she asked for a divorce.  She has a child involved that he helped raise.  It was most likely her plan all along to not sign the papers so now he is here illigally in Canada. The divorce proceedings will be long going and not much has been decided yet but he would like to go back to Australia for a month or two to visit his family for xmas as it has been about 2 years now. 
Will he have a problem leaving Canada and what will happen when he wants to come back?  He is still legally married to the Canadian. What should he do to ensure he can come back? HELP
thanks

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Tigerlilly Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Dec 2009 Status: Offline Points: 2	Post Options Post Reply Quote Tigerlilly Report Post Thanks(0) Quote Reply Topic: Overstaying Canada Visa due to Canadian Spouse Posted: 08 Dec 2009 at 11:04am
	Hi, I am hoping someone has some advice here. My friend is from Australia and married a Canadian, they lived in Australia but in the last two years of marriage they moved back to Canada. He got just a regular 6 month visa planning on getting his citizenship from his marriage. His wife kept putting off signing the paperwork and a year later after visa long expired she asked for a divorce. She has a child involved that he helped raise. It was most likely her plan all along to not sign the papers so now he is here illigally in Canada. The divorce proceedings will be long going and not much has been decided yet but he would like to go back to Australia for a month or two to visit his family for xmas as it has been about 2 years now. Will he have a problem leaving Canada and what will happen when he wants to come back? He is still legally married to the Canadian. What should he do to ensure he can come back? HELP thanks

canvis2006 Members Profile Send Private Message Find Members Posts Add to Buddy List Moderator Group Joined: 29 Nov 2009 Location: Toronto Status: Offline Points: 2574	Post Options Post Reply Quote canvis2006 Report Post Thanks(0) Quote Reply Posted: 08 Dec 2009 at 11:58am
	He is here in Canada illegally. Did Immigration Canada send him any reminders to leave as his stay was expired? If not, probably they dont even know that he is still here. There is no exit control in Canada. Just book flight and leave! I dont know if he will or will not face issues because he has aussie passport....which is visa exempt (since aussie is also under queen rule)

Tigerlilly Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 08 Dec 2009 Status: Offline Points: 2	Post Options Post Reply Quote Tigerlilly Report Post Thanks(0) Quote Reply Posted: 08 Dec 2009 at 1:07pm
	He did not receive any reminders or anything. We are just worried about him coming back and being able to continue with his divorce proceeding etc. Should he apply for another type of visa or something?