What Happens If You Overstay In Canada?
One of the most generous nations you may travel to is Canada. You are allowed to stay for up to six months as a tourist. If you want to stay longer, you can also request an extension that lasts at least 30 days. You may remain as long as your permit allows you to as a worker and student. However, some people overstay in Canada more than they are allowed to.
Regretfully, there are a lot of possible repercussions you could have to deal with if you overstay a visa or temporary resident permit. Not only can overstaying result in the loss of your present immigration status or benefits, but it can also make it impossible for you ever to get permanent Canadian citizenship. The repercussions of staying too long in Canada are explained in this article.
What happens if you overstay in Canada?
Visas for temporary residency in Canada are often granted based on the length of time your passport is valid. Ten years is the maximum you can receive. Additionally, Canada is particularly welcoming to immigrants. However, you must follow your visa’s requirements and ensure that you don’t overstay in Canada to receive benefits. Staying in Canada for too long can have detrimental effects. The precise results may differ based on variables like the duration of the overstay, unique situations, and immigration officials’ judgment.
Overstaying temporary residents (workers, students, and visitors) or temporary residents permit holder in Canada may result in inadmissibility, according to immigration restrictions in Canada. Those deemed ineligible for entrance may be refused a visa or an eTA (Electronic Travel Authorization) or expelled from Canada. Temporary residents who violate the terms of their stay—such as staying longer than permitted or working or studying without the required authorization—may be refused entry or deported from the country. The following are possible consequences of overstay in Canada:
1. Arrest, Deportation, or Removals
Those who overstay in Canada may be deported. A removal order issued by the Canada Border Services Agency (CBSA) may result in expulsion from the nation.
If a person stays in Canada for an extended period, Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) may issue a Removal Order. Removal orders will specify that you must leave Canada and cannot lawfully remain there. If you filed an appeal, it may take effect immediately or after a ruling. Three different kinds of removal orders exist:
- Departure Order: Upon the order’s implementation, the subject of the removal must depart Canada within 30 days and provide the CBSA with proof of their departure to be eligible for future visits. If not (no confirmation or did not depart within 30 days), returning to Canada requires obtaining an ATR (Authorization to Return).
- Exclusion Order: You are not allowed to return for a year. Apply for an Authorization to Return to Canada if you plan to return within a year. If the order results from misrepresentation, the one-year ban will be extended to five years. You have to reimburse the CBSA for the expense of your removal.
- Deportation Order: Without authorization to return to Canada, you are prohibited from entering the country and cannot do so. Return the money that the CBSA spent on your removal.
The CBSA may issue an arrest warrant for anyone across Canada who fails to attend a removal interview or arrange a date. You can be placed under arrest with an escort.
- Be removed: You can also be informed that you must leave Canada since you cannot stay there lawfully. The specific sort of Removal Order you obtain will determine how soon and how long you have to leave the country.
- Be Detained: People who overstay their visas or temporary resident permits may occasionally find themselves in the custody of immigration officials while they await their eventual departure.
2. Ban on Re-entry
Re-entry into Canada may be prohibited for a predetermined amount of time if you overstay. The prohibition’s length is determined by several variables, including the circumstances behind the overstay and its duration.
3.Ineligibility for Status Changes
People who overstay may be unable to seek permanent residency or change their immigration status, among other immigration benefits.
4. Impact on Future Visa Applications
The repercussions continue even after you leave Canada. Authorities may legitimately use a previous inadmissibility determination or a previous removal to reject your current re-entry application if you apply for another visa.
Overstaying in Canada could hurt subsequent immigration requests. It could be viewed negatively while requesting work permits, visas, or other immigration benefits.
Your visa can be refused if the authorities find out you overstayed in Canada, particularly if you were found inadmissible or received a removal order.
Applying as a Canadian citizen or permanent resident will allow you to work and stay in Canada for an extended period. Keep your distance, and don’t overstay. They’re eager to welcome you as a citizen or resident. Canada offers excellent benefits as well, ranging from health care to education. Thus, it is preferable to abide by their policies.
It is imperative that those who may be overstaying take aggressive measures to correct their immigration status. To investigate your options and lessen the effects of overstaying, consult with immigration professionals like Canadian lawyers or Regulated Canadian Immigration Consultants (RCICs).
How do I overcome my overstay in Canada?
Handling your issue proactively is critical if you have overstayed in Canada. Although specific situations may differ, the following general guidelines should be kept in mind. It is also strongly advised to consult an immigration lawyer or a Regulated Canadian Immigration Consultant (RCIC) for help.
1. Evaluate your Immigration Status
Find out how your immigration documents are being handled and see the details of your overstay. This includes being aware of the length of your overstay and any other pertinent information.
2. Consult a Professional RCIC
Speak with an experienced immigration specialist, such as an RCIC or an immigration lawyer, who can evaluate your circumstances, offer advice on your alternatives, and assist you in navigating the immigration system.
Should you apply for the restoration of status Canada within a specific timeframe after it expires, you can qualify. This entails regaining legal status in Canada by completing the required paperwork and fees.
4. Voluntary Departure
Before receiving a removal order, think about departing Canada voluntarily. Although there can still be repercussions, leaving one’s own volition is usually seen more favourably than deportation.
5. Humanitarian and Compassionate Considerations (H&C)
Your situation might qualify you to apply for Humanitarian and Compassionate considerations (H&C Application). This procedure is intended for people in extraordinary situations requiring extra care.
6. Compliance with Immigration Laws
Make sure that immigration regulations are strictly followed from now on. Respect any restrictions on your visit and try to remain aware of your immigration status.
7. Gather Supporting Documents
Gather all the supporting material you’ll need, including evidence of your ties to your native country, a declaration that you intend to abide by immigration regulations and any other pertinent records that may help strengthen your case.
8. Communicate with IRCC
Keep lines of communication open and honest with immigration authorities. Explain your circumstances and any supporting evidence if you strongly justify your overstay.
9. Consider Legal Representation
You should get legal counsel if your case is complicated, includes humanitarian issues, or you could be deported. An expert can represent you in court and help you navigate the legal system.
10. Be ready for Consequences
Be ready for possible repercussions, such as fines, denial of entrance, or other sanctions. Having a clear understanding of the possible results will aid in decision-making.
Remember that every situation is different, and the best course of action relies on the particulars. To successfully navigate the complexities of immigration law and improve the chances of a successful outcome, professional counsel is essential.
Tips as to not Overstaying in Canada
Here are some pointers to assist you make sure you don’t stay in Canada longer than is permitted when you visit:
1. Understand the Requirements for Entry
Recognize the terms of your admission, such as the maximum duration of stay. Usually, the border official provides this information or stamps it on your passport.
2. Check Your Visa or eTA Validity
Make sure your visa or Electronic Travel Authorization (eTA) is valid for the whole time you plan to be in Canada if you need one.
3. Maintain Track of Your Authorized Stay
To remember when your authorized stay expires, set reminders. You might use a smartphone app or a calendar to aid your memory.
4. Extend Your Stay Before It Expires
Before your approved stay expires, request for extending work permit Canada or extending study permit Canada if you need additional time in Canada and are qualified for one. Only after the expiration of your allotted period can it cause issues.
5. Understand the Consequences of Overstaying in Canada
Serious repercussions for overstaying in Canada include fines, expulsion, and temporary bans from entering the country. Learn about these repercussions so that you may make a wise choice.
6. Contact the IRCC
If you have any issues regarding your approved stay or are unclear about your status, contact Citizenship and Immigration Canada (IRCC) or the Canada Border Services Agency (CBSA) for assistance.
7. Maintain Important Documents Handy
Always keep your passport, visa, eTA, and other documentation about extension approval with you. This will assist you in supplying documentation of your legal status if needed.
8. Continue to Communicate Openly
If unforeseen events could impact your departure date, get in touch with the proper authorities right away and ask for advice on what to do.
9. Plan Your Departure:
As your permitted stay is ending, make arrangements for a smooth departure. Ensure you have enough time to complete your tasks and purchase your tickets for departure.
10. Be Aware of Changes in Regulations
Keep yourself updated on any modifications to immigration laws or practices that might have an impact on your visitation to Canada. This will assist you in making wise choices and avert inadvertent infractions.
It’s important to manage your immigration status while in Canada proactively because overstaying can have major implications. It’s best to speak with immigration authorities or get legal counsel if you have any specific worries or inquiries.
You now know what happens if you stay in Canada for an extended period. As with other nations, it’s best to abide by the laws and only remain for as long as is permitted. This will appear on your record and could lead to the denial of future visa applications. You can explore the world if you abide by a few simple rules.
Since individual circumstances may differ and immigration laws and policies are subject to change, you should always speak with immigration officials or obtain legal counsel regarding your particular situation. Dealing with overstaying issues early on is imperative to reduce any unfavourable effects.
What is out of status in Canada?
You are out of status in Canada if you are a foreign citizen in Canada with a work permit, study permit, or visitor permission. You stay longer than the period specified in your permit—typically six months for visitors—or as indicated on your passport or Visitor Record. A person in Canada without status faces deportation. You have two options to prevent this: apply for restoration of status Canada if your status expired within the last ninety days, or leave Canada. It’s advised that you always abide by the terms of your stay because exceeding the allowed time in Canada will appear on your immigration record and could hurt future applications. You should speak with us if this occurs to you.
How to avoid overstaying in canada?
To prevent overstaying, you should apply for a Canadian status extension before your existing one expires. You may also ask to have your status changed in certain circumstances, such as going from student to visitor. Even though your official status has expired, you will continue to be in status while your application for an extension is being processed. This is “Implied status” or “Maintain status” and is likewise contingent upon a few requirements. You shall be deemed out of status in Canada of the date of the refusal letter if your request for an extension is eventually denied.
Overstay In Canada FAQs
What occurs if I stay in Canada longer than is permitted?
It is against Canadian immigration law to overstay a visit. Penalties could involve fines, deportation, and a temporary restriction from returning. The length of the overstay and the specific conditions determine how severe the repercussions will be.
Can I extend my stay in Canada if I realize I've overstayed?
Generally speaking, you cannot retrospectively extend your stay in Canada once your permitted period has passed. An extension must be requested before the expiration date. If you have already overstayed, speak with immigration consultants to learn about your alternatives.
How can I find out when my visa to stay in Canada expires?
Usually, the border officer will provide it to you or stamp your passport with the expiration date of your legal stay. You can also verify the validity duration of your eTA or visa. This date must be remembered to prevent inadvertent overstays.
What should I do if I have a good reason for overstaying?
It’s critical to notify the immigration authorities as soon as possible if you have a valid reason for overstaying, such as an unexpected medical emergency. They could offer advice or solutions to your particular scenario, depending on the circumstances.
If I've overstayed, may I leave Canada voluntarily?
Yes, if you have overstayed, you can leave Canada willingly. This must be done prior to the issuance of any removal orders. Although leaving on one’s own volition may still have consequences, it can be a better alternative than being deported.
Can I enter Canada again if I overstayed?
Suppose a visitor leaves Canada after exceeding their allowed stay. In that case, the Canadian immigration system can mark them as unlikely to abide by the terms and conditions of their future Canadian visa applications.
This can put their applications for future visas in jeopardy. In Canada, exit controls do not exist. Therefore, travellers are typically not examined as they depart. Overstayers might need to be made aware that they have been identified.
What happens if your visitor visa expires in Canada?
If a Canadian visa is overstayed, there may be severe repercussions. If a visitor has already overstayed their visa, they risk having their future applications for a Canada visa rejected. It is highly advised that you take action before the Canada visa expires.
If it isn’t feasible and guests unintentionally stay longer than allowed, they should contact the local immigration office when they realize their visa has expired.
How will Arnika Visa help to overcome your overstaying in Canada?
Our job as an RCIC is to support people who have overstay in Canada. This entails evaluating their immigration status in-depth, providing legal counsel regarding options and potential outcomes, drafting and submitting pertinent applications, corresponding with immigration authorities, investigating humanitarian and compassionate considerations, keeping abreast of changes in immigration laws, enlightening clients about compliance, overseeing deadlines and timetables, facilitating voluntary departure when required, and upholding professionalism and confidentiality. Arnika Visa makes sure that the rules established by the Immigration Consultants of Canada Regulatory Council (ICCRC) are followed during this procedure, placing a strong emphasis on accuracy, reliability, and dedication to addressing immigration-related concerns.
After one year of experience with 612 points, I applied as a skilled worker in Manitoba, but my PGWP expired soon and is now on maintained status. Express entry CRS is 412 with a valid health care occupation-specific NOC code. I want help to get job offers from provinces like Alberta, etc. Please provide your guidelines for applying in Alberta or as you suggested.
Research Alberta’s Provincial Nominee Program (AINP) for eligibility. Network and search for jobs on Alberta-specific platforms. Reach out directly to employers, tailoring your application to match job requirements. Consult immigration professionals for guidance on AINP or other immigration pathways. Consider alternative programs like the Alberta Start-Up Visa Program For Foreign Entrepreneurs (Called Foreign Graduate Entrepreneur Stream) for additional opportunities.
Hi, I overstayed my working holiday visa in 2019 by 62 days, I was also working after it expired. 4 years later I’m married to a Canadian woman (I married her in canada, I’ve been approval tourist visas) I’m needing to know if it’s possible to apply for spouse visa with the overstay issue? Thanks
The overstay on your previous visa could pose challenges, but it’s not necessarily a barrier to applying for a spouse visa. However, it’s crucial to be transparent about your immigration history. Consult an immigration lawyer or RCIC for personalized advice on addressing the overstay issue in your spouse’s visa application.
I came to Canada as an international student and currently have no status. I was in two relationships, and my partner was sponsoring me, but the submission got returned and is now out of status due to missing information. I just wanted to explore my options for staying. Thank you in advance
Navigating status complexities can be daunting. Let’s explore your options for restoring status or transitioning to visitor status. With strategic guidance, we can outline a path forward. Reach out to discuss your situation in detail. Looking forward to assisting you.
Hi, I overstayed in canada(7 month) as a u.s citizen, then return to u.s. my husband permanent resident in canada. can I go to canada after one and half month stay in u.s?
As a U.S. citizen who overstayed in Canada, you may face consequences like inadmissibility. We recommend you consult with our RCIC or your choice for personalized guidance on your specific situation, including potential options regarding reentry to Canada after your stay in the U.S.
Hello! I was on a visitor visa but overstayed for more than a year with expired visa. I was planning to go home but feared the consequences of overstaying. My daughter applied for a humanitarian and compassionate visa. Can you educate me on what the best thing to do is? Thank you.
If you’ve overstayed your visitor visa in Canada, it’s crucial to address your immigration status promptly. While awaiting the outcome of your daughter’s humanitarian and compassionate (H&C) visa application, you may explore options to rectify your status, such as applying for restoration of status or submitting a separate H&C or TRP application. Consulting an immigration lawyer is advisable for personalized guidance.
I applied for my PR in August 2023, and my PGWP was to expire in November 2023, but I didn’t realize I needed to apply for a work permit extension until yesterday. I thought having my PR application in progress made my stay legal. I have unknowingly overstayed in Canada; however, my PR application is still being processed.
You should immediately contact one RCIC expert on out-of-status situations to explain your situation and seek their advice on the next steps. You may need to apply for a restoration of status or temporary resident visa (TRP) to rectify your overstay and avoid issues with your PR application.
I read your website details on the status scenario and out-of-status scenario and wanted to ask you. I have applied for inland spousal sponsorship, and my application is halfway through. However, I am on my way through the 90-day deadline to restore a time un, and I have a question: Will there be any consequences in my application regarding my status, or can my application move ahead without my status?! I am afraid having overstaying issue.
I would appreciate your feedback and help!
If you are on implied status while your inland spousal sponsorship application is in process, you can continue staying in Canada legally. However, overstaying during this period could negatively affect your application, so it’s crucial to address your status immediately.
I lived in Canada for almost five years and overstayed my student visa. I was suspended from school in May 2023, and my permit expired in December 2023. I wanted to work while I was on suspension and received LMIA from a food company owner, but I was ghosted. I need 5-6 courses to graduate. Please guide me to overcome this non-complaint.
Seek legal advice immediately. If your status expires after 90 days, consider applying for a TRP application along with a study permit. Alternatively, consider reapplying for a study permit from outside Canada.
What are the options now to turn my status to legal? I came to Canada as a student in 2018 and have had our status since August 2021. Now, I have overstayed my visa for about three years. Please help to avoid any negative consequences.
You should immediately consult with an immigration lawyer to discuss options such as applying for restoration of status or seeking other forms of legal status in Canada. They can help navigate the complexities of your situation and avoid potential negative consequences related to your overstay.
I find myself in a distressing situation as I am currently out of status. As a student visa holder, I missed the 90-day window to apply for restoration after my visa expired. This was a result of a misunderstanding about my visa expiration date, compounded by the fact that I was struggling with depression at the time. I am in desperate need of assistance.
Contact an immigration lawyer immediately to explore options like applying for a Temporary Resident Permit (TRP) or seeking legal advice on possible restoration alternatives.
I was in Canada last year as a student. I had a one year visa after that I got my work permit before my visa was expired.my visa was expired. I stayed two more months with my work permit. i still have work permit until 2026 is this a overstay or not?
No, this is not considered an overstay. In Canada, as long as you have a valid work permit, you are allowed to stay in the country even if your initial visa has expired. Your work permit serves as your legal status in Canada, allowing you to remain and work until its expiration date. Since your work permit is valid until 2026, you are legally allowed to stay in Canada until then.Thanks
thank you so much for your reply and also I have one more question I apply for a Tourist visa with my work permit some of my friends Got a acceptation after that I applied but some of agency they’re telling it could be a problem with my work permit. What should I do?
I’m overstayed in Canada, and applied for TRP permit and awaiting for decesion. I’m travelling outside Canada and must apply for an ETA visa, as my current one has expired.
When l return and Re-enter on an ETA visa, will that affect the process or application status for the Study permit visa? And will my TRP application be affected?
thank you so much for your reply and also I have one more question I apply for a Tourist visa with my work permit some of my friends Got a acceptation after that I applied but some of agency they’re telling it could be a problem with my work permit. What should I do? my work permit is not post graduate
I apply for a Tourist visa with my work permit some of my friends Got a acceptation after that I applied but some of agency they’re telling it could be a problem with my work permit. What should I do? my work permit is not post graduate
Applying for a tourist visa alongside a work permit can be tricky. Here’s what you can do:
1.Check Requirements: Ensure you meet all tourist visa requirements.
2.Clarify Status: Clearly explain your current work permit status in your application.
3.Provide Strong Ties: Demonstrate strong ties to your home country, such as family, property, or job commitments.
4.Seek Professional Help: Consult with an immigration consultant (RCIC) or lawyer for personalized advice.
My cousin got approved for a 2-year working permit in 2016, when he came he found out that his employer and the restaurant that he should work with did not exist. He works any kind of job to survive and to have money to send back home for his family, he has 3 children and wife to take care of. He don’t have a choice only to stay in Canada. Since then he has been out of status and over staying. Do you think in his situation is there any hope of getting a legal status here in Canada. Please help him and enlighten us.
Your cousin’s situation is challenging, but there may still be options to restore his status in Canada. Here are a few possible avenues:
1. H&C Application: This application is for individuals who are out of status and have compelling reasons to stay in Canada. Factors like family ties, the best interests of children, and how settled your cousin is in Canada may be considered. If he can demonstrate that his removal from Canada would cause undue hardship or if there are other humanitarian grounds, this could be an option.
2. Temporary Resident Permit (TRP) & Work Permit: In some cases, individuals who are out of status may be eligible for a TRP, which allows them to stay in Canada temporarily. This permit is granted at the discretion of immigration authorities and is usually given in exceptional circumstances.He could apply for a TRP & Work Permit at the same time. However, given that he has been out of status for a longer period, this option may not be applicable, if he can’t get his employer support.
3. Legal Advice: It’s crucial for your cousin to seek legal advice from a regulated immigration consultant who can assess his specific situation and help him determine the best course of action.
I’m a canadien citizen but my parents overstayed in canada only for a week to take care of my baby. They were refused for extension of visa which was applied before leaving but refused after 4 months due to being unable of providing biometrics when they had already left canada for home country. Could they return to Canada with the visa they had on their passport?
If your parents’ visa is still valid, they can attempt to return to Canada. However, their previous overstay and refusal of visa extension may complicate re-entry. They should be prepared to explain the overstay at the border, provide a valid reason for returning, and show strong ties to their home country. Consult with an RCIC who is expert on overstay in Canada.
My PGWP expires last Aug. 30, 2024, I apply for a visitor visa last July 31, 2024 and still waiting for the approval until now. I wanted to go back home already and just wait for the approval in my home country. My question is are they gonna question me when I go back home without my visitor visa approval?
You can leave Canada while your visitor visa is in process. If you applied for visitor record, you need to stay in Canada.
Hi, in 2022 I was supposed to work 4 months in Canada on a working permit, but that was falsly only for three months. I didn’t see the expiration date on my visa and I overstayed this working permit by 5 days accidently. I did not work in this 5 days and I applied for restoration to be registered under maintained status. I then left 30 days after my restoration application, as initially planned. What consequences does this lead to when I want to reenter Canada or even apply for a spousal sponsorship?
Your brief overstay might affect future entries or applications. Explain the situation in detail when reapplying, emphasizing your compliance efforts. Consult an immigration expert (RCIC) for tailored advice on your case.
Hey I was an international student my study permit expired in nov 2023
I’ll almost be out of status for a year, I was asked to withdraw from school for 1 year I can apply to continue Jan 2025 is it possible to still restore my status, continue with school and hopefully apply for a job ?
Yes, you can restore your status within 90 days, but after these 90 days, you need to see which options suit you. Consult an RCIC for personalized recommendations.
I am a US citizen who visited Canada in February 7, left in April 21 and came back again on May 25, 2024. I got a job offer (my employer had a LMIA ready for me) in August. When we were flagpooling on October 25, the officer said I overstayed in Canada. I thought I had until November 25 to stay (6months). I was asked to leave Canada right away. Is there a possibility I can go back to Canada?
Yes, you can reapply for entry or apply online through a TFW. Due to your overstaying, consulting with an RCIC may help strengthen your application.
My friend has a history of overstay in canada , was able to restore the status and is now a Canadian citizen .
She plans to visit US , can she be denied entry . Considering the fact that she overstayed in canada but restored her status after being sponsored ?
Yes, CBSA border officials could review a past overstay in Canada, even if resolved. Entry isn’t guaranteed even for citizens, and they may consider her immigration history. In most cases, if no criminal activities are involved and just it is overstayed, there would be no issue.
Hello. My child’s visa expired in February 2024, for some reason we thought it was unnecessary, but it is. What are the options for her to stay here with her parents in Canada?
If your child’s visa expired, you may need to apply for restoration of status by TRP application to maintain her legal status in Canada. As your child is not within 90 days of its expiry, we can’t do the restoration of status in Canada application.
i have been visiting Canada on a multiple entry visitor visa which expires on January 15th 2025. i plan to visit again in December 2025 and leave in January 21st 2025.
Will this be considered as an overstay?
Upon each entry, the visitor can stay up to 6 months or up to the date the CBSA officer stamps on their passport. So, if you come before January 15th, 2025, you may get a 6-month stay upon arrival, depending on the CBSA officer and your purpose of travel. So, if it happens, it doesn’t consider the overstay, even if your visa will expire on Jan. 15th.