Leaving Canada after visa expired

[Samhuang]

My mother is on the visitor visa to visit me. her visa will expire on Sept 28th 2014. however, for some reason, she wants to stay until Oct 4th 2014. that is one week after her visa expired. is it gonna be a problem? We understand the implied status would be the best idea. thanks

 

[rhcohen2014]

My mother is on the visitor visa to visit me. her visa will expire on Sept 28th 2014. however, for some reason, she wants to stay until Oct 4th 2014. that is one week after her visa expired. is it gonna be a problem? We understand the implied status would be the best idea. thanks

i don't believe there is implied status on a visitor visa (though if i'm wrong someone will let you know). Once it's expired, the person is there illegally. I'm pretty sure implied status is when someone is in Canada on a visa and they have an application for extension, PR, study permit, etc currently in process.

The best thing to do is to apply for an extension of her visit. It needs to be done at least 30 days prior to the visa's expiration. If you apply for an extension, THEN she has implied status until a decision is made. If an unfavorable decision is made, she will have to leave or else it can risk future visits. The extension can be applied online or in the mail. I believe implied status begins as soon as the application is received... so some people choose to apply through mail, because it takes longer to process.

 

[Ashra]

i don't believe there is implied status on a visitor visa (though if i'm wrong someone will let you know). Once it's expired, the person is there illegally. I'm pretty sure implied status is when someone is in Canada on a visa and they have an application for extension, PR, study permit, etc currently in process.

The best thing to do is to apply for an extension of her visit. It needs to be done at least 30 days prior to the visa's expiration. If you apply for an extension, THEN she has implied status until a decision is made. If an unfavorable decision is made, she will have to leave or else it can risk future visits. The extension can be applied online or in the mail. I believe implied status begins as soon as the application is received... so some people choose to apply through mail, because it takes longer to process.

I agree.

 

[encantado]

Once it's expired, the person is there illegally.

No. The date of expiry of your visa (the same as with visa to the USA) is the last date your can enter Canada. If it is visitor visa, usually you have 6 months to stay here legally after the day of arrival. Or the officer at the border can restrict this period and put the date into your passport when u must leave Canada. So, if your visa has been already expired but 6 months of being here didn't come to the end you can stay here legally. But it's just only about visitor visas.

 

[obib]

To avoid complications especially when re-applying for another entry Visa from outside Canada,It wont hurt to just apply for an extension 1 month before the expiration of the current Visa cheers!

 

[rhcohen2014]

No. The date of expiry of your visa (the same as with visa to the USA) is the last date your can enter Canada. If it is visitor visa, usually you have 6 months to stay here legally after the day of arrival. Or the officer at the border can restrict this period and put the date into your passport when u must leave Canada. So, if your visa has been already expired but 6 months of being here didn't come to the end you can stay here legally. But it's just only about visitor visas.

the OP's mother is ALREADY IN CANADA on a visitor visa, so i find it difficult to believe she can stay in canada for an extra 6 months after it expires without proper authorization if she's already entered the country and started the clock on the visa.

 

[encantado]

the OP's mother is ALREADY IN CANADA on a visitor visa, so i find it difficult to believe she can stay in canada for an extra 6 months after it expires without proper authorization if she's already entered the country and started the clock on the visa.

Read once again. I didn't tell that she can stay for EXTRA 6 months. I wrote about 6 months since the date she arrived. And there is nothing illegal in staying in Canada after your visitor visa has expired if the period of 6 months didn't come to the end.

 

[Alurra71]

My mother is on the visitor visa to visit me. her visa will expire on Sept 28th 2014. however, for some reason, she wants to stay until Oct 4th 2014. that is one week after her visa expired. is it gonna be a problem? We understand the implied status would be the best idea. thanks

There is an expiration on your visitor visa that is marked for Sept 28, 2014. This is NOT a multiple entry visa, it is a single use visitor visa and your mother has two choices here. She can either leave Canada on or before Sept 28, 2014 OR she can apply to extend that visa either online or by mail.

Rhcohen2014 is correct in this matter. There is no implied status just given to her. If your mother decides to remain here without attempting to extend her visa she is here illegally and while only for a very short time, it could have negative impacts on any later visas she applies for. If she does in fact apply to extend her visa and she has not received either a new visa or a denied renewal by Sept 28, 2014 she can remain in Canada on implied status until she does receive a response from CIC.

encantado is completely incorrect in regards to this particular post as this is not a multiple entry visa that is being discussed. The OP's mother was given a single entry visitor visa with a specific expiration date of Sept 28, 2014. It was 'activated' the moment she first entered Canada and now will expire on Sept 28, 2014.

 

[encantado]

There is an expiration on your visitor visa that is marked for Sept 28, 2014. This is NOT a multiple entry visa, it is a single use visitor visa and your mother has two choices here. She can either leave Canada on or before Sept 28, 2014 OR she can apply to extend that visa either online or by mail.

Rhcohen2014 is correct in this matter. There is no implied status just given to her. If your mother decides to remain here without attempting to extend her visa she is here illegally and while only for a very short time, it could have negative impacts on any later visas she applies for. If she does in fact apply to extend her visa and she has not received either a new visa or a denied renewal by Sept 28, 2014 she can remain in Canada on implied status until she does receive a response from CIC.

encantado is completely incorrect in regards to this particular post as this is not a multiple entry visa that is being discussed. The OP's mother was given a single entry visitor visa with a specific expiration date of Sept 28, 2014. It was 'activated' the moment she first entered Canada and now will expire on Sept 28, 2014.

It doesn't matter whether it is multiple entry visa or single entry visa. Sept 28 2014 is the last day when she could enter Canada if she hadn't done it before. As she is already here and as it is single entry visa, for sure she can't use it for re-enter before Sept 28, 2014. But if the duration of her stay in Canada remains less than 6 months before Oct 4, 2014 (as she wants) it is not illegal. It's common rule for canadian and american visas, the date of expiry of your visa is not a day when you must leave Canada. Ask any CIC office.

It's from CIC web-site: "When you arrive in Canada, the officer at the port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six (6) months unless otherwise amended by an officer".

 

[Alurra71]

It doesn't matter whether it is multiple entry visa or single entry visa. Sept 28 2014 is the last day when she could enter Canada if she hadn't done it before. As she is already here and as it is single entry visa, for sure she can't use it for re-enter before Sept 28, 2014. But if the duration of her stay in Canada remains less than 6 months before Oct 4, 2014 (as she wants) it is not illegal. It's common rule for canadian and american visas, the date of expiry of your visa is not a day when you must leave Canada. Ask any CIC office.

It's from CIC web-site: "When you arrive in Canada, the officer at the port of entry will determine whether you may enter Canada and how long you may stay. You must leave Canada on or before the date set by the officer or have your status extended by an officer in Canada. The stamp placed in your passport by a Canadian official is valid for six (6) months unless otherwise amended by an officer".

The part I bolded in your reply. EXACTLY. The OP's mothers visa stamp expires on Sept 28, 2014. She was given a date for which she must leave Canada and it was given to her upon entry. That date is Sept 28, 2014.

 

[encantado]

The part I bolded in your reply. EXACTLY. The OP's mothers visa stamp expires on Sept 28, 2014. She was given a date for which she must leave Canada and it was given to her upon entry. That date is Sept 28, 2014.

Where did you find "visa stamp"? It's written - visa will expire on Sept 28th 2014. On the stamp that the officer puts into your passport usually there is a date of your entry, not your leaving (only if you were given the period less than 6 months).

 

[Alurra71]

Where did you find "visa stamp"? It's written - visa will expire on Sept 28th 2014. On the stamp that the officer puts into your passport usually there is a date of your entry, not your leaving (only if you were given the period less than 6 months).

You are now arguing semantics and a semantic argument is not going to help the OP. One can surmise, based on the OP's original post, that her mother must leave Canada by Setp 28, whether it was printed in her passport below her entry stamp or it is the physical visa seal expiration date placed in her mothers passport. The OP was given sound advice that her mother should apply to extend her stay if she wishes to remain longer because that is the ONLY safe bet to ensure her mother does not overstay and cause herself problems at a later date. I suppose if you want to argue EXACTLY how long and how safe the OP's mother is you could ask her to respond with what date EXACTLY was stamped in your mothers passport, and what exactly did the CBSA officer tell her. Did they write anything in below the stamp such as a date she must leave by, did they orally inform her that she should leave by the expiration date, did she enter Canada right after she received her visa stamp (usually valid for 6 months from issuance) or did she wait a few months before arrival?

You see, it is all semantics, but to ensure absolute safety for the OP's mother and not finding herself in trouble at a later date, she should either leave or apply to extend her visitor visa because there is no 'implied status' conferred for just hanging out longer.

 

[encantado]

You are now arguing semantics and a semantic argument is not going to help the OP. One can surmise, based on the OP's original post, that her mother must leave Canada by Setp 28, whether it was printed in her passport below her entry stamp or it is the physical visa seal expiration date placed in her mothers passport. The OP was given sound advice that her mother should apply to extend her stay if she wishes to remain longer because that is the ONLY safe bet to ensure her mother does not overstay and cause herself problems at a later date. I suppose if you want to argue EXACTLY how long and how safe the OP's mother is you could ask her to respond with what date EXACTLY was stamped in your mothers passport, and what exactly did the CBSA officer tell her. Did they write anything in below the stamp such as a date she must leave by, did they orally inform her that she should leave by the expiration date, did she enter Canada right after she received her visa stamp (usually valid for 6 months from issuance) or did she wait a few months before arrival?

You see, it is all semantics, but to ensure absolute safety for the OP's mother and not finding herself in trouble at a later date, she should either leave or apply to extend her visitor visa because there is no 'implied status' conferred for just hanging out longer.

I'm not arguing at all. I gave the answer the question I have read. If you interpreted this question in your own way it was not the reason to say that I was completely incorrect (it were your own words).
To give the proper answer it is needed that the author clears up all the circumstances of his case. It may turned out that she shouldn't leave or apply to extend her visa as you advised.

 

[abhionly4u1]

HI Guys, I am in same boat for my mother. Did anyone how does this situation get handled

 

[shayusuf247]

See if you can get extension with respect to COVID19 limited travels