Overstay by 45 days on Temporary Visa

[Parakh1010]

My father has a Temporary Stay (Visit) visa of Canada till 2024. He entered Canada last year but due to the pandemic and risk factors, he overstayed his time allocated (6 months) by 45 days. My question is what are the chances he will not be allowed entry again on the same visa?

 

[scylla]

My father has a Temporary Stay (Visit) visa of Canada till 2024. He entered Canada last year but due to the pandemic and risk factors, he overstayed his time allocated (6 months) by 45 days. My question is what are the chances he will not be allowed entry again on the same visa?

He should be fine provided he doesn't try to return immediately.

If there is any chance of an overstay in the future, you should apply to extend his stay in Canada before his allowed visit expires to avoid situations like this.

 

[Parakh1010]

Thank you for your reply Scylla.

We did apply for visitor record (overstay application) but due to COVID, processing time for that is 206 days. He left the country before it was processed. Not sure if they will continue processing his application now since he is no longer in Canada anymore

 

[scylla]

Thank you for your reply Scylla.

We did apply for visitor record (overstay application) but due to COVID, processing time for that is 206 days. He left the country before it was processed. Not sure if they will continue processing his application now since he is no longer in Canada anymore

A visitor record is not an overstay application.

As long as IRCC received the visitor record application before his six months ended, then he did not overstay. He had implied status.

 

[canuck78]

Thank you for your reply Scylla.

We did apply for visitor record (overstay application) but due to COVID, processing time for that is 206 days. He left the country before it was processed. Not sure if they will continue processing his application now since he is no longer in Canada anymore

You need to send in a webform indicating that he is left. You want to avoid paying for another medical which can be requested given he stayed over the 6 months.

 

[abhinav.ak86]

Thank you for your reply Scylla.

We did apply for visitor record (overstay application) but due to COVID, processing time for that is 206 days. He left the country before it was processed. Not sure if they will continue processing his application now since he is no longer in Canada anymore

I that case his stay was not illegal. The moment his application for visitor record was submitted his status changed to "maintained status" (formerly known as "Implied Status"), which means his legal status to remain in Canada will be valid until a decision is made on his application, after which the status would have changed based on the decision.