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How does CBSA handle visitor visa overstays?

worstbird

Newbie
Apr 12, 2014
3
0
Hello all. I am from a visa-exempt country. I have overstayed my allowed stay (6 months) by 4 months. I was reading up on the CBSA website about departure orders and deportation orders. I understand that to resolve your overstay all you must do is leave, but my concern is.. would I know or be made aware if at any point I received / will receive a departure order? Will I be notified? Do they just go through their system every so often and send out departure orders? If I received nothing in the mail, does this mean I do not have a departure order?
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
worstbird said:
Hello all. I am from a visa-exempt country. I have overstayed my allowed stay (6 months) by 4 months. I was reading up on the CBSA website about departure orders and deportation orders. I understand that to resolve your overstay all you must do is leave, but my concern is.. would I know or be made aware if at any point I received / will receive a departure order? Will I be notified? Do they just go through their system every so often and send out departure orders? If I received nothing in the mail, does this mean I do not have a departure order?
I think its best not to find out as it could hamper your chances of being allowed back into Canada in the future. A departure order gives you 30 days to leave the country, I believe (although not certain) you receive a departure order in writing.
 

Jalex23

VIP Member
Apr 12, 2013
4,463
369
Calgary
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-09-2013
Doc's Request.
09-04-2014
AOR Received.
06-11-2013
Med's Request
05-04-2014
Med's Done....
20-05-2014
Passport Req..
07-07-2014
VISA ISSUED...
14-07-2014
LANDED..........
06-09-2014
worstbird said:
Hello all. I am from a visa-exempt country. I have overstayed my allowed stay (6 months) by 4 months. I was reading up on the CBSA website about departure orders and deportation orders. I understand that to resolve your overstay all you must do is leave, but my concern is.. would I know or be made aware if at any point I received / will receive a departure order? Will I be notified? Do they just go through their system every so often and send out departure orders? If I received nothing in the mail, does this mean I do not have a departure order?
No. You can overstay as much as you can....

Be sure not to need to come back, most probably you will be denied entry for a long while.
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
Jalex23 said:
No. You can overstay as much as you can....

Be sure not to need to come back, most probably you will be denied entry for a long while.
I don't really think advocating someone overstay 'as much as they can' is particularly good advice.
 

Jalex23

VIP Member
Apr 12, 2013
4,463
369
Calgary
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-09-2013
Doc's Request.
09-04-2014
AOR Received.
06-11-2013
Med's Request
05-04-2014
Med's Done....
20-05-2014
Passport Req..
07-07-2014
VISA ISSUED...
14-07-2014
LANDED..........
06-09-2014
brucem said:
I don't really think advocating someone overstay 'as much as they can' is particularly good advice.
It is not an advice, it is a fact.

Many people have overstayed even for years. Doing a simple search in the forum would point to that.

First in google: http://www.canadavisa.com/canada-immigration-discussion-board/overstayed-my-tourist-visa-by-a-year-pleas-help-t123644.15.html
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
Jalex23 said:
It is not an advice, it is a fact.

Many people have overstayed even for years. Doing a simple search in the forum would point to that.

First in google: http://www.canadavisa.com/canada-immigration-discussion-board/overstayed-my-tourist-visa-by-a-year-pleas-help-t123644.15.html
Im sorry what exactly are you saying.....that it's ok to overstay your visa just because other people do it? Quite frankly that is singularly the worst piece of advice I've ever seen on this forum.

Lots of people overstay but a lot get caught, removed and banned from Canada.
 

Jalex23

VIP Member
Apr 12, 2013
4,463
369
Calgary
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-09-2013
Doc's Request.
09-04-2014
AOR Received.
06-11-2013
Med's Request
05-04-2014
Med's Done....
20-05-2014
Passport Req..
07-07-2014
VISA ISSUED...
14-07-2014
LANDED..........
06-09-2014
brucem said:
Im sorry what exactly are you saying.....that it's ok to overstay your visa just because other people do it? Quite frankly that is singularly the worst piece of advice I've ever seen on this forum.
Can you please point exactly to where I wrote this down?
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
Jalex23 said:
Can you please point exactly to where I wrote this down?
You quite clearly stated in your first post that people can 'overstay as much as they can' implying that the OP should continue to overstay. You then went on to say that he shouldn't want to come back anytime soon.

You continued this by then stating that 'many people have overstayed for years'.

Your advice is both encouraging the OP to break immigration law and further put at risk any future trips to Canada. I would strongly suggest you refrain from encouraging others to break immigration laws as its wholly irresponsible.
 

Jalex23

VIP Member
Apr 12, 2013
4,463
369
Calgary
Category........
Visa Office......
CPP-Ottawa
NOC Code......
2171
Job Offer........
Pre-Assessed..
App. Filed.......
05-09-2013
Doc's Request.
09-04-2014
AOR Received.
06-11-2013
Med's Request
05-04-2014
Med's Done....
20-05-2014
Passport Req..
07-07-2014
VISA ISSUED...
14-07-2014
LANDED..........
06-09-2014
brucem said:
You quite clearly stated in your first post that people can 'overstay as much as they can' implying that the OP should continue to overstay. You then went on to say that he shouldn't want to come back anytime soon.

You continued this by then stating that 'many people have overstayed for years'.

Your advice is both encouraging the OP to break immigration law and further put at risk any future trips to Canada. I would strongly suggest you refrain from encouraging others to break immigration laws as its wholly irresponsible.
Unfortunately I can't do a thing about your interpretations, I can only be responsible of what I write.

For future "interpretations" of any of my posts please stick to the facts, don't read between lines and don't make me responsible of anything I didn't write explicitly.

Thanks.
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
Jalex23 said:
Unfortunately I can't do a thing about your interpretations, I can only be responsible of what I write.

For future "interpretations" of any of my posts please stick to the facts, don't read between lines and don't make me responsible of anything I didn't write explicitly.

Thanks.
I'm not debating anymore with you. What you said was 'explicitly' clear and didn't need any interpretation. You encouraged someone to break immigration law....very very irresponsible...end of.
 

surleplateau

Star Member
Sep 13, 2013
189
14
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-12-2014
Doc's Request.
CSQ rqst'd 23-03-2015
Nomination.....
CSQ rcv'd 05-05-2015
AOR Received.
27-02-2015 err?
File Transfer...
09-03-2015
Med's Request
upfront
Med's Done....
09-09-2014
Interview........
waived; IP Sep 2015
Passport Req..
waived
VISA ISSUED...
COPR 22-10-2015
LANDED..........
09-01-2016 YAY!!!
brucem said:
What you said was 'explicitly' clear and didn't need any interpretation. You encouraged someone to break immigration law....
No, you interpreted his statement "No. You can overstay as much as you can...." as encouragement, but that's not necessarily his meaning or intent. But that phrase is stating that a person has the ability to overstay (as much as possible), not that it is the right thing to do, only that the ability to overstay exists.

And then in the next line comes the more nuanced opinion or advice:

[quote author=Jalex23]Be sure not to need to come back, most probably you will be denied entry for a long while.[/quote]

The reality is that the ability to overstay exists, but there are consequences to that, as expressed by Jalex23. You "most probably... will be denied entry for a long time."

Edit to add in case someone misinterprets my explanation of the above miscommunication: I do not advocate or encourage anyone to overstay their status in any country. It can come back to bite you in the ass later. So don't do it!!!
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Jalex23 knowledge of visas/immigration rules is exceptional.... the advice he has posted in the past - he has several posts to his credit - does not encourage anyone to break the laws
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
If I said you CAN go to the shops.....you CAN buy that shirt.....you CAN pay me later. I am giving you permission, encouragement or telling you it's ok to carry out that action.

You CAN overstay as much as you CAN.

I rest my case.

I will guess that English is not his native language so maybe that is why it is written that way but he may not have had that intent.

However Bryanna he has more negative votes than positive so Ill reserve my right to say that it wasn't the greatest bit of advice, and a few other people seem to have thought that about his other posts.

This will be my last post on this thread so I will not be responding to anything else.
 

surleplateau

Star Member
Sep 13, 2013
189
14
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
29-12-2014
Doc's Request.
CSQ rqst'd 23-03-2015
Nomination.....
CSQ rcv'd 05-05-2015
AOR Received.
27-02-2015 err?
File Transfer...
09-03-2015
Med's Request
upfront
Med's Done....
09-09-2014
Interview........
waived; IP Sep 2015
Passport Req..
waived
VISA ISSUED...
COPR 22-10-2015
LANDED..........
09-01-2016 YAY!!!
From learnenglish.britishcouncil.org/en/english-grammar/verbs/modal-verbs/ability-permission-requests-and-advice

I quote the parts regarding the verb "can" and left out the other modal verb forms.

ability, permission, requests and advice

The modal verbs are can, could, may, might, shall, should, will and would.

The modals are used to do things like talking about ability, asking permission making requests, and so on.

We use can to talk about someone’s skill or general abilities:

She can speak several languages.
He can swim like a fish.
They can’t dance very well.

We use can to talk about the ability to do something at a given time in the present or future:

You can make a lot of money if you are lucky.
Help. I can’t breathe.
They can run but they can’t hide.

We use can to ask for permission to do something:

Can I ask a question, please?
Can we go home now.

We use can to give permission:

You can go home now if you like.
You can borrow my pen if you like.

We use can to say that someone has permission to do something:

We can go out whenever we want.
Students can travel free.
So "can" can lead to a misinterpretation of intention. :)