Urgent Visitor visa query for mother in law

[ramansingh05]

Hi All,

We are family of 3 (PR) residing in Canada since 2018. We applied visitor visa for my mother in law and she only got this mid May 2023. I have below queries:

1: She will be coming around april 2023, My question is can she stay for 2-3 months once she entered before expiry of her Visa? or she has to leave by mid May before the expiry? Will she face any issue at the Canadian airport.

2: We applied visa for father-in-law but got rejected once. Is it good time to file it or should we wait?

Please help so we can book tickets accordingly

 

[scylla]

Hi All,

We are family of 3 (PR) residing in Canada since 2018. We applied visitor visa for my mother in law and she only got this mid May 2023. I have below queries:

1: She will be coming around april 2023, My question is can she stay for 2-3 months once she entered before expiry of her Visa? or she has to leave by mid May before the expiry? Will she face any issue at the Canadian airport.

2: We applied visa for father-in-law but got rejected once. Is it good time to file it or should we wait?

Please help so we can book tickets accordingly

1. She can stay for as long as CBSA allows. Normally this is six months.
2. You can reapply anytime. None of us can tell you if you should do that now or wait. What were the refusal reasons? Can you put together a stronger application?

 

[ramansingh05]

1. She can stay for as long as CBSA allows. Normally this is six months.
2. You can reapply anytime. None of us can tell you if you should do that now or wait. What were the refusal reasons? Can you put together a stronger application?

Thanks @scylla. You mean she can enter prior to expire her visa and then she can stay max 6 months right? So one doesn't have to leave within the visa expiry limit.

 

[scylla]

Thanks @scylla. You mean she can enter prior to expire her visa and then she can stay max 6 months right? So one doesn't have to leave within the visa expiry limit.

Again, how long she is allowed to stay will be determined by CBSA when she arrives. Most people are given six months.

She does not need to leave in mid May. She can stay as long as she is given on entry by CBSA.

 

[vijayar]

Thanks @scylla. You mean she can enter prior to expire her visa and then she can stay max 6 months right? So one doesn't have to leave within the visa expiry limit.

Is her current visa expiring in May 2023 and she is planning her visit in Apr 2023 ? Is that correct ? In that situation not sure if she will be allowed 6 months stay as her visa would be in expired state and she will be rendered illegal. At the most she will be allowed to stay for the remaining period of her current visa and she will have to exit the country on before the expiry date.

 

[scylla]

Is her current visa expiring in May 2023 and she is planning her visit in Apr 2023 ? Is that correct ? In that situation not sure if she will be allowed 6 months stay as her visa would be in expired state and she will be rendered illegal. At the most she will be allowed to stay for the remaining period of her current visa and she will have to exit the country on before the expiry date.

This is 100% wrong. Please do not comment if you don't understand Canadian immigration rules.

 

[vijayar]

This is 100% wrong. Please do not comment if you don't understand Canadian immigration rules.

I am trying to understand this better, maybe not aware of all facts like you, but most countries do not allow anyone to stay with an expired visa. Yes you can continue staying as no one checks, you can exit the country also without issues, but then you get marked for overstaying. Canada with such stringent checks for issuing visa should be no different. Would be more than happy to update myself with your experience and knowledge on this.

 

[scylla]

I am trying to understand this better, maybe not aware of all facts like you, but most countries do not allow anyone to stay with an expired visa. Yes you can continue staying as no one checks, you can exit the country also without issues, but then you get marked for overstaying. Canada with such stringent checks for issuing visa should be no different. Would be more than happy to update myself with your experience and knowledge on this.

Again, you are 100% wrong and clearly do not understand Canadian immigration rules.

There is no overstay issue. This is not an overstay on an expired visa.

The TRV validity date is for entry into Canada ONLY. It does not determine how long you are allowed to stay in Canada. The length of your stay in Canada is determined by CBSA on arrival. Most are given the default six month visit.

 

[cansha]

I am trying to understand this better, maybe not aware of all facts like you, but most countries do not allow anyone to stay with an expired visa. Yes you can continue staying as no one checks, you can exit the country also without issues, but then you get marked for overstaying. Canada with such stringent checks for issuing visa should be no different. Would be more than happy to update myself with your experience and knowledge on this.

Official source

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/visa-validity-expiry-dates.html

The expiry date on the TRV is the date by which the visa must be used to seek admission into Canada. If the visa is not used on or before that date, it ceases to be valid.


The validity date is NOT the suggested duration of the visit. At the port of entry examination, CBSA officers determine the length of time temporary residents are authorized to stay in Canada.

 

[vijayar]

Again, you are 100% wrong and clearly do not understand Canadian immigration rules.

There is no overstay issue. This is not an overstay on an expired visa.

The TRV validity date is for entry into Canada ONLY. It does not determine how long you are allowed to stay in Canada. The length of your stay in Canada is determined by CBSA on arrival. Most are given the default six month visit.

That is understood. So in OP's case, his mothers visa is expiring mid May 2023, assuming she arrives in Canada in Apr 2023, if CBSA does not stamp her passport, she can stay for 6 months ? Is the understanding correct ?

 

[scylla]

That is understood. So in OP's case, his mothers visa is expiring mid May 2023, assuming she arrives in Canada in Apr 2023, if CBSA does not stamp her passport, she can stay for 6 months ? Is the understanding correct ?

They will most likely stamp her passport if she has a TRV. If they do not handwrite a date on that stamp, then she has been allowed in for six months.

 

[vijayar]

They will most likely stamp her passport if she has a TRV. If they do not handwrite a date on that stamp, then she has been allowed in for six months.

Thanks for the same. This is good to know info. I stand corrected & updated.

 

[ramansingh05]

I can surely trust @scylla as you helped me in quite no of queries. Thanks always. But she has to enter the country on or before 17th May 2023 and then CBSA can decide to put an exit date or she has to leave by around 16th Niv 2023. She can't enter after 17th May 2023 right?