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Urgent clarification Visitor Visa!!

B

Bbash

Member
Apr 17, 2018
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My question goes to experienced members in the forum for proper guide.Am applying for a Visiting visa to Canada however am a bit confused how to respond to a question that asked if I previously overstayed in Canada before.
I previously stayed in Canada for study and extended my status a few time as a visitor.My last extension request was refused and the letter states " You must leave Canada on or before the expiry of your current document or if your current document is already expired you must leave Canada immediately. Failure to so could result in enforcement action being taken against you". No option of restoration before 90 days stated . I left 5 days after I got this decision. My question is did I overstay? I applied for extension before the expiring date on my visitor's document and decision came 3 months after. Am confused the 5 days I spent after decision was made if am still in status .
Your response will be greatly helpful.
Thanks
 
Bbash said:
My question goes to experienced members in the forum for proper guide.Am applying for a Visiting visa to Canada however am a bit confused how to respond to a question that asked if I previously overstayed in Canada before.
I previously stayed in Canada for study and extended my status a few time as a visitor.My last extension request was refused and the letter states " You must leave Canada on or before the expiry of your current document or if your current document is already expired you must leave Canada immediately. Failure to so could result in enforcement action being taken against you". No option of restoration before 90 days stated . I left 5 days after I got this decision. My question is did I overstay? I applied for extension before the expiring date on my visitor's document and decision came 3 months after. Am confused the 5 days I spent after decision was made if am still in status .
Your response will be greatly helpful.
Thanks
Click to expand...
The number of days you remained in Canada after you lost your status = Overstay

Your overstay began on the date your application for restoration of status was refused
 
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Bryanna said:
The number of days you remained in Canada after you lost your status = Overstay

Your overstay began on the date your application for restoration of status was refused
Click to expand...
Thanks Bryanna for your response. Am still not fully clear yet - In my case it is application for extension of status not restoration status.
 
Last edited:
Bbash said:
Thanks Bryanna for your response. Am still not fully clear yet - In my case it is application for extension of status not restoration status.
Click to expand...
The answer remains the same (even if you didn't apply for restoration of status).

You applied to extend your visitor status. You were on implied status until a decision was given. You were refused + not given an option to restore your status.

The number of days you stayed after your application to extend your visitor status was refused = Your overstay
 
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Bryanna said:
The answer remains the same (even if you didn't apply for restoration of status).

You applied to extend your visitor status. You were on implied status until a decision was given. You were refused + not given an option to restore your status.

The number of days you stayed after your application to extend your visitor status was refused = Your overstay
Click to expand...
Cool got it , thanks
 
Bbash said:
Cool got it , thanks
Click to expand...
Hi Bryanna,
One more question is this 6days overstay likely to have negative effect on TRV application ? Given that it was not intentional as decision was made and I left immediately and it was not possible to leave the very day or predict when decision would be made and leave before it comes out.
 
Bbash said:
Hi Bryanna,
One more question is this 6days overstay likely to have negative effect on TRV application ? Given that it was not intentional as decision was made and I left immediately and it was not possible to leave the very day or predict when decision would be made and leave before it comes out.
Click to expand...
What will decide your new TRV is not your six days overstay..... but how long you stayed in Canada on your last visit i.e. from your initial entry to the time you left, including the time spent as extended stays.

If you left recently (less than 6 months ago), you would want to spend an almost equal amount of time outside Canada to re-establish ties to your home country as the time you had spent in Canada, before you reapply
 
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Hi I got the same refusal letter and they didn’t gave me the option to make a restoration, but I still having the 90 days that I have after my visa expired, those 90 days finish in January, I can apply now for a restoration?
 
Angie95 said:
Hi I got the same refusal letter and they didn’t gave me the option to make a restoration, but I still having the 90 days that I have after my visa expired, those 90 days finish in January, I can apply now for a restoration?
Click to expand...
Have you been asked to leave?
 
Angie95 said:
Hi I got the same refusal letter and they didn’t gave me the option to make a restoration, but I still having the 90 days that I have after my visa expired, those 90 days finish in January, I can apply now for a restoration?
Click to expand...

Are you certain that IRCC received your extension application before your status in Canada expired?
 
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