Visitor Visa Extension - Various Scenarios - Time sensitive

[truthprev]

Hi everyone,

I was hoping of getting some help. I am a Canadian citizen. My parents are on TRV landed in Canada on 20th October 2023. I have folloiwng points if somebody can shed some light on, would be great

1) When we entered Canada, at the primary kiosk, memory is a little fading as after a long flight from India to Canada and all the stress I was not really myself, they made me pick a date to return. In the invitation Letter I had entered 5 months so I think I chose 20th March 2024 which makes it 5 months. Question - Are we already doomed meaning my parents are alerady overstaying? or the rule of thumb of 6 months apply as we did not get any stamp or visitor record?
2) They say that you should apply 30 days before, after reviewing many threads I came to the conslusion that you can apply one day beofre the expiry so in this case can I apply anyday now and should be good provided that it is 6 months and not 5 months
3) Say I apply over this weekend and we leave country over Easter weekend to any of the sun destination countries - Mexico, Dominican etc? Upon return will we be given entry, how can we ensure it? if yes then
a) Should I withdraw the Visitor Record application that I would have applied over this weekend, can I even do that?
b) If I cannot withdraw the application and they go ahead and process it anyways
i) approve it then which one will hold 6 months in the Visitor record (if we get one) or the 6 months from the rentry to Canada after the Mexico trip
ii) they reject the Visitor record then can we still stay because we have been in and out
4) if we do not leave the country and get rejected, does it always happen that they ask us to leave the country immediately? or give time to restor the status? I mean is there a hard and fast rule around it or depends on the Visa Officer?
5) if we are rejected and asked to leave the country then we have to leave the country and again apply for a TRV or just leave the country and come back?

If it was fo rme alone that would have been OK but now that parents are involved who are aging and not keeping that well you can imagine the stress... so please any help will be appreciated!

 

[truthprev]

@Canada2020eh I was reffering to this post of mine.. If you could please have a look and answer as much as you can to the best of your ability /knowledge

 

[scylla]

Hi everyone,

I was hoping of getting some help. I am a Canadian citizen. My parents are on TRV landed in Canada on 20th October 2023. I have folloiwng points if somebody can shed some light on, would be great

1) When we entered Canada, at the primary kiosk, memory is a little fading as after a long flight from India to Canada and all the stress I was not really myself, they made me pick a date to return. In the invitation Letter I had entered 5 months so I think I chose 20th March 2024 which makes it 5 months. Question - Are we already doomed meaning my parents are alerady overstaying? or the rule of thumb of 6 months apply as we did not get any stamp or visitor record?
2) They say that you should apply 30 days before, after reviewing many threads I came to the conslusion that you can apply one day beofre the expiry so in this case can I apply anyday now and should be good provided that it is 6 months and not 5 months
3) Say I apply over this weekend and we leave country over Easter weekend to any of the sun destination countries - Mexico, Dominican etc? Upon return will we be given entry, how can we ensure it? if yes then
a) Should I withdraw the Visitor Record application that I would have applied over this weekend, can I even do that?
b) If I cannot withdraw the application and they go ahead and process it anyways
i) approve it then which one will hold 6 months in the Visitor record (if we get one) or the 6 months from the rentry to Canada after the Mexico trip
ii) they reject the Visitor record then can we still stay because we have been in and out
4) if we do not leave the country and get rejected, does it always happen that they ask us to leave the country immediately? or give time to restor the status? I mean is there a hard and fast rule around it or depends on the Visa Officer?
5) if we are rejected and asked to leave the country then we have to leave the country and again apply for a TRV or just leave the country and come back?

If it was fo rme alone that would have been OK but now that parents are involved who are aging and not keeping that well you can imagine the stress... so please any help will be appreciated!

I'll help with a few:
- If their passports were not stamped then they were given a six month stay.
- The extension has to be submitted before the six months ends. The 30 days is just a guideline.
- If they leave Canada, there is no way to guarantee they will be allowed to re-enter. If and how long they will be allowed to re-enter is always up to CBSA.
- If they remain in Canada, apply for the extension, and the extension is refused, then will need to apply for restoration.
- If they are rejected and end up having to leave Canada, they can return on their existing TRVs provided they are still valid. Generally it's a bad idea to leave and come back right away and this can cause issues at the border.

 

[truthprev]

Thank you so much for your response.

I'll help with a few:
- If their passports were not stamped then they were given a six month stay.
Ok
- The extension has to be submitted before the six months ends. The 30 days is just a guideline.
Ok
- If they leave Canada, there is no way to guarantee they will be allowed to re-enter. If and how long they will be allowed to re-enter is always up to CBSA.
hmm..Ya sounds right cause it depends on the CBSA officer so anything can happen. That is even the case of landed immigrant like you could be denied entry at the port of entry
- If they remain in Canada, apply for the extension, and the extension is refused, then will need to apply for restoration.
Ok
- If they are rejected and end up having to leave Canada, they can return on their existing TRVs provided they are still valid. Generally it's a bad idea to leave and come back right away and this can cause issues at the border.
Meaning leave the country spend say a month or two (or as much as possible) and then return.

So to resume - They are given 6 months. 30 days is a guideline so I can apply until 20th April but sooner the better (and that's what I will be doing).

For re-entry one depends on the CBSA officer- they can grant or refuse. If they are rejected and are given 90 days for restoration and even if that is also refused the initial TRV visa is still valid.
Let me know if I missed anything or something else comes to your mind!!!!