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Extend visa within Canada

Confusedaunty

Newbie
Nov 11, 2017
2
0
Hi,
My mother came to Canada on 21May 2017 and I had applied to extend her visa for another 6 months on Oct 7,2017. She visited USA last week and just came today but at the Canadian border, her passport got stamped and the expiry of Visa is 19 Nov 2017.
We showed the documents for the extension of visa but the border officer said that her application to extend visa is invalid as she visited to USA, and she can not stay in Canada after 19 Nov, 2017.

Do I need to apply again for the extension of Visa? Will she be still on implied status?
Can we apply for an extension just a week before in this case?

Please help.


CA
 

Bs65

VIP Member
Mar 22, 2016
13,187
2,420
You need to apply again ASAP given quite rightly once someone leaves Canada having applied to extend stay in Canada then the extension is read as no longer being required given the fact of having left Canada so any entry back into the country would be assessed from scratch again.

In this case having already spent near 6 months in the country she has only been given leave to stay until the full 6 months is up. She was lucky to have been allowed back in as she could have come across a CBSA officer who might not have been so lenient and refused entry even though as it is she only got a weeks grace.

Others can correct me as I am not 100 percent sure but think if you apply straight away before 11/19 then until a decision is made she would be on implied status as she would have been previously with the initial extension application if she had not left the country..
 
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Confusedaunty

Newbie
Nov 11, 2017
2
0
Thank you very much for the reply.
After contacting IRCC we were told that the implied status will begin after the end of the legal status (19 Nov, 2017). In that case she can still stay in Canada and can not leave until the decision is made.