90 days or 30 days to exit?

[Resiliance96]

I'm just slightly confused when your visa expires, you have 90 days to exit? If you don't leave within those 90 days, you have 30 days to leave voluntarily OR get an order to leave??? So you have 120 days max to leave Canada by yourself before anything is enforced?

Or am I completely wrong? I left 26 days after my 90 days had expired because I found out too late about my visa end date and was rushing around to book a flight! I didn't get a leaving order etc, I just left as soon as I could.

Any help/info would be appreciated, I plan to visit my bf in July, I don't want any issues at the POE.. I left Canada over 1 year ago!

EDIT: I'm from the UK!

 

[scylla]

I'm just slightly confused when your visa expires, you have 90 days to exit? If you don't leave within those 90 days, you have 30 days to leave voluntarily OR get an order to leave??? So you have 120 days max to leave Canada by yourself before anything is enforced?

Or am I completely wrong? I left 26 days after my 90 days had expired because I found out too late about my visa end date and was rushing around to book a flight! I didn't get a leaving order etc, I just left as soon as I could.

Any help/info would be appreciated, I plan to visit my bf in July, I don't want any issues at the POE.. I left Canada over 1 year ago!

EDIT: I'm from the UK!

You should leave within 30 days of your status expiring if you want to ensure you don't have issues in the future. Not 90 and not 90 + 30.

If you left at around the 115 day point after your status expired, you'll want to remain outside of Canada for a while before returning. If you left over a year ago - you should be OK. Make sure you do a better job in the future of maintaining legal status in Canada. If you are asked about the overstay at the border when you enter in July, make sure you are 100% honest and don't try to cover anything up.

 

[zardoz]

I'm just slightly confused when your visa expires, you have 90 days to exit? If you don't leave within those 90 days, you have 30 days to leave voluntarily OR get an order to leave??? So you have 120 days max to leave Canada by yourself before anything is enforced?

Or am I completely wrong? I left 26 days after my 90 days had expired because I found out too late about my visa end date and was rushing around to book a flight! I didn't get a leaving order etc, I just left as soon as I could.

Any help/info would be appreciated, I plan to visit my bf in July, I don't want any issues at the POE.. I left Canada over 1 year ago!

EDIT: I'm from the UK!

You should have left as soon as possible after your visa expired, certainly within 30 days.
You would be considered to be an overstayer now. Your next POE experience will depend on many factors, of which this may be one.

 

[Resiliance96]

You should leave within 30 days of your status expiring if you want to ensure you don't have issues in the future. Not 90 and not 90 + 30.

If you left at around the 115 day point after your status expired, you'll want to remain outside of Canada for a while before returning. If you left over a year ago - you should be OK. Make sure you do a better job in the future of maintaining legal status in Canada. If you are asked about the overstay at the border when you enter in July, make sure you are 100% honest and don't try to cover anything up.

I emailed CIC to find out what was going on with my visa and the agent who emailed back said: "if your status has expired more than 90 days ago, it is important you leave Canada right away as it is no longer possible to ask for a restoration." He also said: "Please make the necessary arrangements to leave Canada in order to avoid being issued a removal order. If a removal occurs, an authorization to return to Canada will be necessary in order to return"

So.. I'm honestly not sure!!!?

I made flight arrangements and left a week from this email! So I left I assume 116 days over then ?

I'll have been outside of Canada for 1 year 4 months before I return. I won't lie, I wasn't issued any letters to leave so I honestly assumed I'd left voluntarily in a way..

 

[Resiliance96]

You should have left as soon as possible after your visa expired, certainly within 30 days.
You would be considered to be an overstayer now. Your next POE experience will depend on many factors, of which this may be one.

I know, It was a genuine mistake that I regret more than anything.. I'm fully aware I'm at fault for not keeping on top of it, I've beyond learned my lesson, I've come a very long way since then.

 

[scylla]

I emailed CIC to find out what was going on with my visa and the agent who emailed back said: "if your status has expired more than 90 days ago, it is important you leave Canada right away as it is no longer possible to ask for a restoration." He also said: "Please make the necessary arrangements to leave Canada in order to avoid being issued a removal order. If a removal occurs, an authorization to return to Canada will be necessary in order to return"

So.. I'm honestly not sure!!!?

I made flight arrangements and left a week from this email! So I left I assume 116 days over then ?

I'll have been outside of Canada for 1 year 4 months before I return. I won't lie, I wasn't issued any letters to leave so I honestly assumed I'd left voluntarily in a way..

The 90 days refers to restoring your status. If you are still within 90 days of your status expiring, you can apply to restore your status. This does NOT mean you can overstay your visit by 90 days or that you aren't truly in Canada illegally / without status until those 90 days are over. The clock starts ticking as soon as your visa expires. So yes - you were in Canada for 116 days without status / illegally. Again, since you've been out of Canada for a while, you should be good to return. I assume you've already obtained or will apply for an eTA (you need one to enter Canada now). Also strongly recommend you have a return ticket and keep your visit to Canada to a reasonable length.

You did leave voluntarily - that doesn't mean your overstay was OK.

 

[Resiliance96]

The 90 days refers to restoring your status. If you are still within 90 days of your status expiring, you can apply to restore your status. This does NOT mean you can overstay your visit by 90 days or that you aren't truly in Canada illegally / without status until those 90 days are over. The clock starts ticking as soon as your visa expires. So yes - you were in Canada for 116 days without status / illegally. Again, since you've been out of Canada for a while, you should be good to return. I assume you've already obtained or will apply for an eTA (you need one to enter Canada now). Also strongly recommend you have a return ticket and keep your visit to Canada to a reasonable length.

You did leave voluntarily - that doesn't mean your overstay was OK.

I agree, I was stupid for not keeping track of my visa and I take responsibility for my mistake, one I will never make again!

I will be applying for my eTA at the end of this month once I figure it my graduation date from school, July presumably. Ideally, I'd like to stay 25 days so I can spend my bf's birthday with him and visit some old friends, is 25 days too long? I will absolutely have my return ticket on me!

I agree it doesn't excuse it at all, I've learned a really valuable lesson..

 

[scylla]

25 days should be fine.

 

[Resiliance96]

25 days should be fine.

Thank you!