Parents overstay unintentionally by a year on supervisa. Need urgently advise.

[ali45]

Hello guys, I urgently advise. here are the details.
My mother come to Canada on supervisa in Nov 2021 and we thought that she got a 2-year entry, and we didn't check her entry on her passport, now we randomly checked her passport and realized that she only got a 6-month entry. We literally. don't know what to do. Also i have noticed that th restoration time is also gone. Please guys help me and give me advice on what to do. any contact number anything please let me know, I really don't want my mother to be illegal as the overstay was by mistake. Thanks

 

[scylla]

Hello guys, I urgently advise. here are the details.
My mother come to Canada on supervisa in Nov 2021 and we thought that she got a 2-year entry, and we didn't check her entry on her passport, now we randomly checked her passport and realized that she only got a 6-month entry. We literally. don't know what to do. Also i have noticed that th restoration time is also gone. Please guys help me and give me advice on what to do. any contact number anything please let me know, I really don't want my mother to be illegal as the overstay was by mistake. Thanks

If she has really overstayed, there is no way to fix this now since you are well past the 90 day restoration period. The only way to end the overstay is to leave Canada.

 

[ali45]

If she has really overstayed, there is no way to fix this now since you are well past the 90 day restoration period. The only way to end the overstay is to leave Canada.

Will this impact on her case when re enter to Canada she still has visa valid till 2028. Do you have any lawyer contact number. I really want my mom to be here without leaving this country.

 

[Munnu]

I am also overstay plz help me re-enter canada

 

[Munnu]

Valid visa 2027

 

[scylla]

I am also overstay plz help me re-enter canada

Your questions have already been answered. Don't post in other people's threads. No one can tell you what will happen. You will have to try traveling to Canada and see what happens when you arrive.

 

[Munnu]

Ok

 

[scylla]

Will this impact on her case when re enter to Canada she still has visa valid till 2028. Do you have any lawyer contact number. I really want my mom to be here without leaving this country.

There is no way to restore your mother's status at this point if she had overstayed as you have reported. If she wants to remain in Canada without leaving, then the only way to do that is to remain illegally/ without status. This forum is paid for by an immigration lawyer. You can try reaching out to them. Their info is at the top of the page.

 

[hydrakanth]

Check this website for details: https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/parent-grandparent-super-visa/about.html

Your mother will be voluntarily leaving Canada so hopefully the overstay may have a less of an impact.

 

[ali45]

Appreciate all of your responses. According to my research that she need to leave the country but when will she enter Canada can she get any penalties of any sort of issue. Or should I try one shot for apply restoration and will see what happen?

 

[Jets13]

Appreciate all of your responses. According to my research that she need to leave the country but when will she enter Canada can she get any penalties of any sort of issue. Or should I try one shot for apply restoration and will see what happen?

if by penalties you mean financial penalties then no. However, her overstay may negatively impact her entry back into Canada and it is possible she may be refused entry. It can also be that she explains herself and she has no issues at all. Nobody on this forum will be able to predict what will happen. How long is your parent planning on staying out of the country before trying to come back in? My guess is that they would need to stay out for a longer period.
I think it was mentioned in a post above that restoration is within 90 day period which has elapsed so no point in trying that.

 

[scylla]

Appreciate all of your responses. According to my research that she need to leave the country but when will she enter Canada can she get any penalties of any sort of issue. Or should I try one shot for apply restoration and will see what happen?

There is no point applying for restoration if her status expired more than 90 days ago. No chance of approval.

It's possible she may have no issues reentering Canada or it's possible she may. That will be up to the CBSA officer and is impossible for any of us to predict. As suggested above, she should live in her home country for a while before attempting to return for another visit to Canada.

 

[ali45]

Can she comeback after going back to home and come back after 2 to 3 months. Please advice.

 

[scylla]

Can she comeback after going back to home and come back after 2 to 3 months. Please advice.

She can try coming back whenever she wants. But it will be up to CBSA if she is allowed into Canada and for how long. No one can tell you what will happen. However it would be better to remain outside of Canada for longer if she has really overstayed that long to reduce the chances of issues at the border.

If you haven't done so already, you may want to get a consult with a lawyer to make sure you've interpreted the stamp on her passport correctly.

 

[Ksyppatel]

Ali45 what have you done for that? Any follow up?