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Overstayed visitor visa without knowing its expired :(

iamhayer

Star Member
Dec 4, 2014
58
8
Hi My mom have 5 year multiple entry visitor visa granted in Feb 2016 from India. She Came in Canada on Mar 10, 2016 and stayed 180 days and left. Then she came back after 15 days on sept 18. This time immigration officer gave her medical request and granted stay till Oct 31, 2016 but he didnt told us that. We thought its 180 days again. We applied for Visitor visa extention for one month on jan 17 which was refused on Mar 10 stating that you are person in canada without status and must leave canada voluntary immediately or enforcement action will be taken. She left same day, her multiple entry visitor visa is still valid, Can she come back to Canada in near future, we really need her to take care of my 1 year old son.
Please help, Thank you
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Your mom has been living in Canada i.e. she is not visiting. Also, she has been returning each time after very short trips abroad. The CBSA officer may limit her stay/she could be refused entry/allowed in for another 6 months stay. It's impossible to say.

You can try applying for a super visa if you want your mom to remain with you for longer i.e. if you meet the eligibility criteria for a super visa
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
iamhayer said:
Can she come back to Canada in near future, we really need her to take care of my 1 year old son.
This may also be seen as illegal working, as she may be performing a service that a Canadian could be employed for, regardless of if she is receiving any renumeration.
 

scylla

VIP Member
Jun 8, 2010
95,860
22,116
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
She's basically been living in Canada as a visitor which is frowned upon and can be viewed by CBSA as an abuse of visitor privileges. Given the long overstay and the amount of time she has spent in Canada over the last year, she will need to spend time in her home country (I would recommend a minimum of 6-8 months) before attempting to return to Canada. Otherwise it's quite possible she will encounter issues at the border and may be turned away and sent home.

I also would not attempt a super visa application until the 6-8 months have passed.