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Question... 6 Month Rule

ca1142x

Newbie
Feb 6, 2010
5
1
Hello;

I am an American and I have been in Canada since October 8th, 2009. I am currently accepted and in the process of attending school here in Canada for the Fall Semester. However, I will not be able to obtain the necessary Study Permit by April 8th, 2010, which is "technically" when my 6 months expires. However, I noticed upon visiting Canada visa websites they say you are allowed to stay 6 months a year.

Given this, does this allow me to stay for 6 months in 2010, as 3 of the 4 months I've been here were in 2009? Does your 6 month stay start over upon the New Year?

Thank You for any help you can provide on this matter.
 

Baloo

VIP Member
Nov 30, 2009
4,879
205
Job Offer........
Pre-Assessed..
ca1142x said:
Hello;

I am an American and I have been in Canada since October 8th, 2009. I am currently accepted and in the process of attending school here in Canada for the Fall Semester. However, I will not be able to obtain the necessary Study Permit by April 8th, 2010, which is "technically" when my 6 months expires. However, I noticed upon visiting Canada visa websites they say you are allowed to stay 6 months a year.

Given this, does this allow me to stay for 6 months in 2010, as 3 of the 4 months I've been here were in 2009? Does your 6 month stay start over upon the New Year?

Thank You for any help you can provide on this matter.
So are you here on a visit at this time?

The six months is in one contiguous block, it does not "reset" at the end of the year.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
ca1142x said:
Hello;

I am an American and I have been in Canada since October 8th, 2009. I am currently accepted and in the process of attending school here in Canada for the Fall Semester. However, I will not be able to obtain the necessary Study Permit by April 8th, 2010, which is "technically" when my 6 months expires. However, I noticed upon visiting Canada visa websites they say you are allowed to stay 6 months a year.

Given this, does this allow me to stay for 6 months in 2010, as 3 of the 4 months I've been here were in 2009? Does your 6 month stay start over upon the New Year?

Thank You for any help you can provide on this matter.
Have you submitted your application for your Study Permit?
 
Dec 11, 2009
16
0
Baloo said:
The six months is in one contiguous block, it does not "reset" at the end of the year.
I have heard/read otherwise from either posts on here or people telling me. I don't know if that rule applies to people of "visa-free" countries. But then again there is the odd person who will say you can't come. I know of another Italian who has been here several times in the last year or so and has had no problems. I also know of another Italian who was here on a work permit (agreement that exists between Canada and Italy) and was only asked to leave as to ensure he would not continue working illegally. He also returned soon after with no problems as a tourist.

If anyone actually knows or has done this....please post your personal experience. Try to make this as least speculative as possible since this question is asked quite often.
 

Baloo

VIP Member
Nov 30, 2009
4,879
205
Job Offer........
Pre-Assessed..
I have been here over new year period, my point was that the visit duration does not restart when you get to Jan 1st.

I have been in Canada many times (from a "visa free country"), I have spent more than six months in Canada within one year, but no stay was longer than six months.
I always leave on time.
 

ca1142x

Newbie
Feb 6, 2010
5
1
Hypothetically... If I were to leave Canada before my 6 months is up, and I come back to Canada from America in say one month, would I be able to enter as a Visitor through customs.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
ca1142x said:
Hypothetically... If I were to leave Canada before my 6 months is up, and I come back to Canada from America in say one month, would I be able to enter as a Visitor through customs.
Technically, when you enter Canada again after you left, you'd be given another 6 month stay but you'd have to prove that you are still coming as a visitor. You should be able to show that you have a job, residence in the US should the POE officer ask for proof.
 
Dec 11, 2009
16
0
I see no difference between asking for an extension versus leaving for one month and coming back except meeting with POE face to face. If there was a rule 6 months in 1 year then there would be no option to extend visit. Essentially by leaving and coming back 1 month later you are asking permission to be in Canada for another 6 months.


If anything there is a lack of ties to your home country by asking for an extension. Basically you are saying you don't want to leave. At least leaving when you're supposed to or even in advance is enough proof of your intention to obey the laws...

Just my personal opinion. Like I said before...when I came here..I had no return ticket and wasn't asked about job.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
italo-argentina said:
I see no difference between asking for an extension versus leaving for one month and coming back except meeting with POE face to face. If there was a rule 6 months in 1 year then there would be no option to extend visit. Essentially by leaving and coming back 1 month later you are asking permission to be in Canada for another 6 months.


If anything there is a lack of ties to your home country by asking for an extension. Basically you are saying you don't want to leave. At least leaving when you're supposed to or even in advance is enough proof of your intention to obey the laws...

Just my personal opinion. Like I said before...when I came here..I had no return ticket and wasn't asked about job.
I think applying for an extension is the better route. You expressed your desire to stay longer and you are telling immigration that you are still here and wish to extend the visit, and you're doing it within the system. There had been posts of requests for extension granted for a year, and they had already been approved 6 month visit . Leaving the country for a day, a week or even a month is still "flagpoling" I think, that is why the onus is on the "visitor" to prove ties with his/her country. POE officers are not so hard on citizens of countries who don't need visa to enter Canada, to be granted extension applications, and even being allowed entry even with PR applications in process (just my opinion though).
 

ca1142x

Newbie
Feb 6, 2010
5
1
What is the best method of contacting a POE, what channels do I need to go through in order to apply for an extension
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
ca1142x said:
What is the best method of contacting a POE, what channels do I need to go through in order to apply for an extension
If you're in Canada and wish to extend your stay:

http://www.cic.gc.ca/english/information/applications/visitor.asp

You get in touch with the Port Of Entry (border) officers when you enter Canada.