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Confusion with stamp and re-enter from USA

Peterpan.tintin

Full Member
Sep 24, 2018
24
4
A friend from India arrived to USA on visitor visa on Feb 2019
Arrived in Canada by crossing land border in personal car on Apr 5th, 2019 . They stamped on passport with date of Apr 5th, 2019
Returned to USA on Apr 7th
Arrived Canada by crossing land border in personal car in Aug 2019. They did not stamp passport this time.
Now he wants to stay for few months in Canada before returning to India.

Confusion is till when he can stay in Canada? Would that be 6 months from Apr 5th or 6 months from Aug

Please help
 

Mbukhari

Star Member
Aug 7, 2019
89
9
A friend from India arrived to USA on visitor visa on Feb 2019
Arrived in Canada by crossing land border in personal car on Apr 5th, 2019 . They stamped on passport with date of Apr 5th, 2019
Returned to USA on Apr 7th
Arrived Canada by crossing land border in personal car in Aug 2019. They did not stamp passport this time.
Now he wants to stay for few months in Canada before returning to India.

Confusion is till when he can stay in Canada? Would that be 6 months from Apr 5th or 6 months from Aug

Please help
At the time of entering Canada the immigration officer must have scanned his visa barcode in Aug 2019. Therefore, his stay is permitted for next 6 months from Aug 2019 provided visa is valid for next 6 months. Else, he has to exit Canada before visa expiry to avoid overstay.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
A friend from India arrived to USA on visitor visa on Feb 2019
Arrived in Canada by crossing land border in personal car on Apr 5th, 2019 . They stamped on passport with date of Apr 5th, 2019
Returned to USA on Apr 7th
Arrived Canada by crossing land border in personal car in Aug 2019. They did not stamp passport this time.
Now he wants to stay for few months in Canada before returning to India.

Confusion is till when he can stay in Canada? Would that be 6 months from Apr 5th or 6 months from Aug

Please help
Six months from August 2019. Every time you leave the country your status is reset.

Note that he can stay past the expiry of the visa - his status was granted by the officer letting him enter, and the default maximum status is six months. If he stays longer than six months from August 2019, he will be overstaying.
 

21Goose

VIP Member
Nov 10, 2016
5,246
1,616
AOR Received.
Feb 2017
At the time of entering Canada the immigration officer must have scanned his visa barcode in Aug 2019. Therefore, his stay is permitted for next 6 months from Aug 2019 provided visa is valid for next 6 months. Else, he has to exit Canada before visa expiry to avoid overstay.
No, not really. The visa expiry isn't linked to status. Status is granted at the border, when CBSA allows you in as a visitor. The visa merely allows you to travel to the border and ask for entry. It doesn't grant status by itself.

He can stay a maximum of six months from the time he was allowed in (unless CBSA gives you a shorter stay, the default is six months) even if his visa expires in the meanwhile.
 
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