+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Visit Canada again after receiving a letter asking to exit last year

Nigelle

Newbie
Oct 20, 2014
6
0
I would like to enter Canada on a visitor visa this year for about 4 months. The thing is, I was in Canada last year (my partner is Canadian, I live in New Zealand) I had entered March 12 2014. I have spent some time over the past 5 years in Canada, always as a visitor and have never overstayed at all before. The customs agent at this time verbally gave me a 6 month stay and stamped my passport, but did not write a exit date. Coming closer to the 6 month period we both decided I should stay for just a few more months so in September applied for an extension on my visitor visa. During this time I decided to head home to work and left in November. To my surprise 16th December I received a letter Via email from customs in Vegreville stating that I was in the country without temporary resident status and that I had exceeded the 90 days in which to submit a application and to please leave. I did not understand as as far as I can see I was well within the 90 days.
As I chose to also leave before I received the letter, is there anything I need to do before I re-enter Canada?
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
Nigelle said:
I would like to enter Canada on a visitor visa this year for about 4 months. The thing is, I was in Canada last year (my partner is Canadian, I live in New Zealand) I had entered March 12 2014. I have spent some time over the past 5 years in Canada, always as a visitor and have never overstayed at all before. The customs agent at this time verbally gave me a 6 month stay and stamped my passport, but did not write a exit date. Coming closer to the 6 month period we both decided I should stay for just a few more months so in September applied for an extension on my visitor visa. During this time I decided to head home to work and left in November. To my surprise 16th December I received a letter Via email from customs in Vegreville stating that I was in the country without temporary resident status and that I had exceeded the 90 days in which to submit a application and to please leave. I did not understand as as far as I can see I was well within the 90 days.
As I chose to also leave before I received the letter, is there anything I need to do before I re-enter Canada?
You arent giving enough details or are unclear. Did you enter with a New Zealand passport? What happened to they application for extension? Why was the letter sent to you and what 90 days is it talking about?

If you left before you received the letter then you have nothing to worry about. You mentioned you stayed more 6 months so you need proof you applied for extension of visitor status. You also need proof you left Canada when you said you did. Boarding passes should help but you should also request your immigration records from the New Zealand showing when you entered.
 

Nigelle

Newbie
Oct 20, 2014
6
0
Yes I entered on a New Zealand passport - I am a New Zealand Citizen. The application for a extension was refused - hence the letter. This is the confusing matter and of which I have contacted CIC and all they did was send me a link to a page on the CIC website stating what would happen if I was to be deported, and what to do depending on which IMM form I received - but I only received a letter. I entered the country 12 March 2014, applied for a extension 9 Sept 2014 (so the 6 months was only up by a week or so) left 28 Nov 2014 and received the letter 16 Dec 2014.
 

CanV

Champion Member
Apr 30, 2012
1,237
156
Job Offer........
Pre-Assessed..
Nigelle said:
Yes I entered on a New Zealand passport - I am a New Zealand Citizen. The application for a extension was refused - hence the letter. This is the confusing matter and of which I have contacted CIC and all they did was send me a link to a page on the CIC website stating what would happen if I was to be deported, and what to do depending on which IMM form I received - but I only received a letter. I entered the country 12 March 2014, applied for a extension 9 Sept 2014 (so the 6 months was only up by a week or so) left 28 Nov 2014 and received the letter 16 Dec 2014.
You left on or before the date they required you to leave so you should be fine. Keep in mind though when you apply for admission at the port of entry in the future, your previous admissions and visits will be assessed as well. Traveling frequently and spending more than half of the year in Canada may not be seen as a visit.
 

brucem

Hero Member
Apr 21, 2014
570
37
Edinburgh
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
11-07-2014
Doc's Request.
23-01-2015
AOR Received.
22-08-2014
File Transfer...
22-08-2014
Med's Done....
26-06-2014
VISA ISSUED...
08-05-2015
LANDED..........
08-07-2015
It is generally advised to apply for an extension 30 days before your visitor visa expires. Given the dates you mentioned and depending on how you submitted the extension request CIC may have received it AFTER your initial 6 month visitor visa expired. If this were the case then you were already out of status (and wouldnt have implied status) and therefore would have had to apply for restoration of status rather than an extension. When you received your letter in December (if my theory is correct) you were already past the 90 days to do this which is why you were asked to leave.

You will likely get some extra scrutiny when your return to Canada but just be sure to have a return ticket and strong ties to NZ to ensure that you can convince CBSA that you are not going to overstay.