US citizen visiting Canada without a visa.

[ded319]

Hello all. I am a self-employed American (poker pro) who just crossed the border via car to Vancouver. I know Americans are legally allowed up to 6 months without a visa and my plan was to stay 2-6 months. I am perhaps going to leave after 2 months because me and some other poker buddies were thinking about renting a house in Thailand at the end of the summer, however this isn't set in stone yet and if it falls through I would like to spend my full 6 months in Vancouver. When I explained my situation to the border guard (and backed it up with documents showing I had plenty of money to support myself etc..) he at first didn't want to let me in the country at all claiming I didn't have enough ties back to the US. He eventually did let me in but said I could ONLY stay 2 months or I would be arrested. My passport wasn't stamped with an entry or exit date though so is his threat even legally binding? Basically I want to know what I need to do if I do end up needing to stay longer than 2 months. How do I apply for an extension if I don't have a visa or a stamped passport? How can they legally do anything if I do overstay 2 months but their law says I am allowed 6 months? I just don't believe the "word" of a border guard is legally binding when they have a 6 month written law. Are they really gonna come after me when 2 months are up and I'm still here? If so how would I go about getting an extension? I just want to be prepared in case I do stay longer than 2 months. Thanks guys.

 

[Leon]

If he only wanted to let you in for 2 months, he should have stamped that in your passport but maybe he still flagged you in their system. Who knows.

There is also no "6 months by law" rule. 6 months is the default you get if they let you in without any questions or worries about what you are planning on doing in Canada. They have the right to let you in for less time or not let you in at all if that is what they feel like. US immigration does the same thing.

 

[scylla]

There is no law stating that you are allowed to visit for six months. Visitors from visa exempt countries CAN be granted visits for up to six months in length. However border guards have full authority to:

- let you in for six months
- let you in for a stay of less than six months
- deny you entry
- deny you entry and slap you with a ban (often 1 year)

When you are let into the country, but for a stay shorter than six month, this should be recorded in your passport. Are you 100% sure nothing was stamped or hand written in your passport?

 

[ded319]

Thanks for the responses guys. I definitely did not receive any stamp or visitor record. Nothing. Just his word/threats basically. I figured on there end they were legally required to give me something. I heard that people traveling via car rarely get stamped though, but still I feel like I should have received something.

From the guide for applying to extend your temporary status:

"If there is no stamp, a handwritten date or document in your passport, your temporary resident status will expire six months from the day you arrived in Canada. If you were given a visitor record, student or work permit, the expiry date is marked on the document."

Shrug :/

 

[eletyl]

assume the 2 months is legally binding. at the end of that time period, apply for an extension here: http://www.cic.gc.ca/english/e-services/extend-visit.asp

you can send it up to the day before the 2 months is up (online or postage mail), and you will then have 'implied' visitor status until you hear back.

 

[ded319]

Looks like I can't apply for an extension unless I have a stamp or visitor's record. And if don't have either of those I'm apparently allowed 6 months from the date of entry. So confusing.

 

[eletyl]

where does it say that? I tried the "self assesment" tool on that link (pretending I was you), and selected "none of the above" for visitor record or passport stamp, and it still sent me onward.

btw you can call CIC and ask a real live person if you want to verify.. it took me less than 5 minutes when I tried them last week: http://www.cic.gc.ca/english/contacts/index.asp#callcentre

 

[ded319]

Well later on it asks when your visitor status expires which would technically be marked in my passport, on a visitor record they gave me, or on my visa. I have no visa because I don't need one and they failed to give me any of the other two items. No where does it say that the words of a border guard are valid for an expiration date so really I'm just following their rules. I feel like I should be ok. Also, I have no intention of trying to re-enter the country once leaving. It's hard to believe they will come looking for me or anything after 2 months.