minor overstay in Canada

[fanziyi]

My husband somehow did not extend my two kids' (7 and 5 yo) visitor permit when he renewed his own and mine 6 months ago. so my kids' permit expired in Nov 2013. While we were in Monteal we indeed extended my kids' health card without being asked for their permits. we moved here in Toronto since April. When we applied for health card in Toronto recently, service Ontario asked for valid permits for my kids. I called CIC which informed me that my kids have to leave Canada right away as they are out of status.

Someone knows if this could be fixed within Canada? I feel extremely sorry for my ignorance.

Both me and my husband have a valid work permit until March 2015.

Thank you for sharing ur opinion...

 

[canadavisa13]

hi fanziyi,

sorry to hear about your situation.
because it is more then 90 days since your kids permit expired you can't apply for a restoration of status from within canada so no other option is left honestly and they have to leave the country as soon as possible,its already about 6 months since their permits expired so the longer the stay the more the situation is getting complicated.
they have to leave now voluntarily and apply from outside canada,if approved they will be allowed entry again without any issues.if they decide to stay then they will be issued a removal order and banned from applying for any sort of canadian visas for a certain period of time.
i also would like to remind you that you have committed a misrepresentation by extending your kids health care card with an expired permits,if you get caught in the future the consequences maybe harsh.

i hope you find help in my post,good luck.

 

[fanziyi]

Thank you Canadavisa13 for your helpful information. One lawyer share similar opinion as yours. but another lawyer insist we stay and fix the problem from within Canada otherwise my kids will be denied a visa even banned from entering Canada in the future. I don't mind leaving Canada with my kids. Just wanted to seek a safer way in the sake of kids' future not to be affected.

For the health card, when we extended that for my kids in Montreal we told them that kids' permits expired and they still issued us the extension until Nov 2014. This actually misled me in belief that kids' permits don't have to be renewed. Thanks that we moved here in Toronto and that we were asked for their permits so that I have realized this is such a big issue. Even the new school did not ask for any permits for the kids. why no one gave me any hints...

 

[scylla]

Ignore the second lawyer. It's too late to restore your children's status from within Canada because you are well past the 90 period allowed for restoration. The ONLY option is for your children to leave Canada. You should do this as soon as you can to avoid being issued a departure or even deportation order and complicating your situation even further.

A health card has nothing to do with someone's legal status in Canada. It's not an immigration document.

The fact you were confused about your children's status will be seen as your responsibility by CIC and cannot be used as an argument for keeping your children in Canada. It's up to you (not others) to keep their status valid.

 

[dalma11]

We have been in exactly same situation. First I applied in Romania (home country) for visitor visa for my 5 years old, but that was not enough, we had to leave Canada, so we went to USA border. I was so scared as they told me from the first beginning that chances to be all of us deported are quite big, but I took my chance. We told the immigration the truth, as I forgot to apply for her extension after her new passport was issued and I realised only when her health care card expired...She issued my child visa according our work permit. This is my advice for you, go to border, leave Canada and then re-enter base on work permit and hopefully they will issue a new visa for them.

 

[fanziyi]

We have been in exactly same situation. First I applied in Romania (home country) for visitor visa for my 5 years old, but that was not enough, we had to leave Canada, so we went to USA border. I was so scared as they told me from the first beginning that chances to be all of us deported are quite big, but I took my chance. We told the immigration the truth, as I forgot to apply for her extension after her new passport was issued and I realised only when her health care card expired...She issued my child visa according our work permit. This is my advice for you, go to border, leave Canada and then re-enter base on work permit and hopefully they will issue a new visa for them.

Thank you so much Dalma11, for sharing your own story. How long was your kid out of status? in order to leave Canada for USA, did you update your Canadian visa and apply for a USA visa? Would you please tell me exactly how you dealt with that? My 5yo is an American but the other one is Chinese?

 

[dalma11]

we didn,t apply for US visa, we just went to the US /Canada border and left Canada but not enter in the US, you will tell them that you just want to renew your visa and the Americans will stamp yours passports then you go to immigration Canada. be honest with them, I`m pretty sure will be ok. if you would like any other details let me know. I know how it was for me, how scared we were...

her visa was expired for more then 5 months.

 

[fanziyi]

we didn,t apply for US visa, we just went to the US /Canada border and left Canada but not enter in the US, you will tell them that you just want to renew your visa and the Americans will stamp yours passports then you go to immigration Canada. be honest with them, I`m pretty sure will be ok. if you would like any other details let me know. I know how it was for me, how scared we were...

her visa was expired for more then 5 months.

Hi Dalma11, I just can't thank you enough for saving us. I am indeed so scared that I consulted with a few lawyers but none of them gave useful information like this. I still have some questions here:

1. What additional documents did you provide to them besides work permit?
2. Are there any forms i should fill for immigration Canada?
3. Can my husband and I renew our own visa at the border too?
4. Which border did you go?
5. How much does it cost approximately and what's the payment method?

 

[dalma11]

1. What additional documents did you provide to them besides work permit?
we had our passports, all the work permits (even the expired ones) and her expired visa (visas)

2. Are there any forms i should fill for immigration Canada?
No
3. Can my husband and I renew our own visa at the border too?
you have your work permit, what visa do you need to renew? basically you do the "flagpole", and you said that your work permit is valid until march 2015 isn`t? Before we left Canada we ask the Canadian visa officer if we can come back based on our valid work permits and she said yes, those work permits are like re-entry visas for us, temporary workers but just for flagpole.

4. Which border did you go?
Coutts, we are in Alberta, so this one is the closest

5. How much does it cost approximately and what's the payment method?
I think it was $75 Cad, but now they changed the fees and will be 100 cad/person, I do not remember if was debit or cash, you should have some cash with you just in case....

 

[fkl]

3. Can my husband and I renew our own visa at the border too?
you have your work permit, what visa do you need to renew? basically you do the "flagpole", and you said that your work permit is valid until march 2015 isn`t? Before we left Canada we ask the Canadian visa officer if we can come back based on our valid work permits and she said yes, those work permits are like re-entry visas for us, temporary workers but just for flagpole.

That is not true exactly. If you are from a visa exempt country (which means you don't need a visit to visit Canada), all you need to work here is a work permit.

However, for people belonging to NON visa exempt countries, when they get a work permit, they also get a visa to enter Canada. Visa is stamped on passport and is used only when you need to exit and reenter Canada. A work permit IS NOT a visa for the purpose of entry. It is authorization to work. Often people coming on work permits get a single entry trv (valid for six months only). This means that if they exit and reenter Canada - they would require trv again.

Often people apply and get multiple entry trv along with work permits (CIC has changed rules recently and all trvs are now multiple entry costing 100 CAD (instead of 75 CAD single entry OR 150 CAD multiple entry earlier).

So I believe the Original poster meant that they came on a single entry trv - still have valid work permits but want to renew their TRV.

 

[dalma11]

our work visas were expired 4 years before the date we did the flagpole. no visa was issued at the date of re-enter in Canada from US except for our child and we are not from a exempt visa country. I told you exactly how it happened, it is your choice to believe it or not...
+ I already mentioned that all we did was flagpole

 

[fkl]

Ah... there is no such thing as "work visa". There is a temp resident visa AND there is a work permit. Visa is stamped on passport (although the stamp also shows whether your status in canada is visitor, student or worker) , work permit is a separate letter which people OFTEN staple with their passports BUT it's not a travel document. It states conditions under which you can work in Canada.

I am not questioning your situation. May be there are additional details involved of some sort.

But the above is absolutely the documentary procedure. Please be very clear about it. I don't want others to read and "assume they can travel on work permits"

Update:

This is a work permit
https://www.google.ca/search?q=sample+work+permit&tbm=isch&tbo=u&source=univ&sa=X&ei=cVmAU4KRBsma8QGn4YCICw&ved=0CCcQsAQ&biw=1600&bih=775#facrc=_&imgdii=WeioRQfgQKq35M%3A%3Bsjn3XY96C9nAxM%3BWeioRQfgQKq35M%3A&imgrc=WeioRQfgQKq35M%253A%3BRbvF-otWVLFepM%3Bhttps%253A%252F%252Fwww.brocku.ca%252Fwebfm_send%252F28436%3Bhttp%253A%252F%252Fwww.brocku.ca%252Finternational-services%252Fstudent-services%252Finternational-student-guide%252Finternational-services%252Fstudent-services%252Fvisas-permits-2-temp%3B2480%3B3508


And this is a temp resident visa
https://www.google.ca/search?q=sample+work+permit&tbm=isch&tbo=u&source=univ&sa=X&ei=cVmAU4KRBsma8QGn4YCICw&ved=0CCcQsAQ&biw=1600&bih=775#facrc=_&imgdii=WeioRQfgQKq35M%3A%3B8ElA8QTyyZt80M%3BWeioRQfgQKq35M%3A&imgrc=WeioRQfgQKq35M%253A%3BRbvF-otWVLFepM%3Bhttps%253A%252F%252Fwww.brocku.ca%252Fwebfm_send%252F28436%3Bhttp%253A%252F%252Fwww.brocku.ca%252Finternational-services%252Fstudent-services%252Finternational-student-guide%252Finternational-services%252Fstudent-services%252Fvisas-permits-2-temp%3B2480%3B3508

Hope that helps

 

[zardoz]

Ah... there is no such thing as "work visa". There is a temp resident visa AND there is a work permit. Visa is stamped on passport (although the stamp also shows whether your status in canada is visitor, student or worker) , work permit is a separate letter which people OFTEN staple with their passports BUT it's not a travel document. It states conditions under which you can work in Canada.

I am not questioning your situation. May be there are additional details involved of some sort.

But the above is absolutely the documentary procedure. Please be very clear about it. I don't want others to read and "assume they can travel on work permits"

Update:

This is a work permit
https://www.google.ca/search?q=sample+work+permit&tbm=isch&tbo=u&source=univ&sa=X&ei=cVmAU4KRBsma8QGn4YCICw&ved=0CCcQsAQ&biw=1600&bih=775#facrc=_&imgdii=WeioRQfgQKq35M%3A%3Bsjn3XY96C9nAxM%3BWeioRQfgQKq35M%3A&imgrc=WeioRQfgQKq35M%253A%3BRbvF-otWVLFepM%3Bhttps%253A%252F%252Fwww.brocku.ca%252Fwebfm_send%252F28436%3Bhttp%253A%252F%252Fwww.brocku.ca%252Finternational-services%252Fstudent-services%252Finternational-student-guide%252Finternational-services%252Fstudent-services%252Fvisas-permits-2-temp%3B2480%3B3508


And this is a temp resident visa
https://www.google.ca/search?q=sample+work+permit&tbm=isch&tbo=u&source=univ&sa=X&ei=cVmAU4KRBsma8QGn4YCICw&ved=0CCcQsAQ&biw=1600&bih=775#facrc=_&imgdii=WeioRQfgQKq35M%3A%3B8ElA8QTyyZt80M%3BWeioRQfgQKq35M%3A&imgrc=WeioRQfgQKq35M%253A%3BRbvF-otWVLFepM%3Bhttps%253A%252F%252Fwww.brocku.ca%252Fwebfm_send%252F28436%3Bhttp%253A%252F%252Fwww.brocku.ca%252Finternational-services%252Fstudent-services%252Finternational-student-guide%252Finternational-services%252Fstudent-services%252Fvisas-permits-2-temp%3B2480%3B3508

Hope that helps

You might wish to revisit the second link...

 

[fanziyi]

1. What additional documents did you provide to them besides work permit?
we had our passports, all the work permits (even the expired ones) and her expired visa (visas)

2. Are there any forms i should fill for immigration Canada?
No
3. Can my husband and I renew our own visa at the border too?
you have your work permit, what visa do you need to renew? basically you do the "flagpole", and you said that your work permit is valid until march 2015 isn`t? Before we left Canada we ask the Canadian visa officer if we can come back based on our valid work permits and she said yes, those work permits are like re-entry visas for us, temporary workers but just for flagpole.

4. Which border did you go?
Coutts, we are in Alberta, so this one is the closest

5. How much does it cost approximately and what's the payment method?
I think it was $75 Cad, but now they changed the fees and will be 100 cad/person, I do not remember if was debit or cash, you should have some cash with you just in case....

Hi dalma11, I really appreciate your coming back and answering all my questions.
Yes, we have exactly same situation as you had. Both me and my husband are working and our work permits are good until March 2015. Our single-entry visas expired almost two years ago. I only hope we will have same good luck as your. I will keep you posted on this.

 

[fkl]

You might wish to revisit the second link...

Hi Zardoz,

It was what i could find publicly available it still is the visa (and not study or work permit itself). Though image of W1 might have been better which is what you probably meant.