If you overstay your visit in Canada, you could face potentially serious consequences. You could be expelled from Canada and even deemed “inadmissible,” which means you may be denied a visa or an Electronic Travel Authorization (eTA) in the future.
Overstaying can also make it difficult for you to ever obtain permanent Canadian citizenship.
The specific repercussions you might face will vary depending on the duration of your overstay, your specific circumstances, the reason for overstaying, and the judgment of immigration officials.
What are the options for someone who overstayed their visa in Canada?
As mentioned above, if someone overstays his or her welcome in Canada, they face being non-compliant with immigration law. This can, among others, lead to a removal order and inadmissibility for a certain period of time. There are, however, a few options available to address the situation:
- Restoration of Status – This option is only available if the overstay is less than 90 days.
- Temporary Resident Permit (TRP) – For overstays exceeding 90 days, a TRP can help the individual to legally remain in Canada.
- Filing a Refugee Claim – If returning to their home country poses a very real danger to someone, applying for protection through a refugee claim is one option.
- PR Application under Humanitarian and Compassionate (H&C) Grounds – Factors such as establishment in Canada, family ties, and a child’s best interest could lead to someone being granted permanent residency.
It is highly recommended that you consult with immigration professionals like Canadian lawyers or Regulated Canadian Immigration Consultants (RCICs) to explore the different available options and hopefully mitigate the effects of your overstaying.
What is the process for applying for restoration of status in Canada?
To apply for restoration of status in Canada, you must meet the following requirements:
– Apply within 3 months (90 days) of forfeiting your status.
– Stay in the country until a decision has been made.
– Have not failed to comply with any condition imposed automatically by regulation or by an officer, apart from those already stated above.
– Continue to meet the requirements of your temporary resident permit and your work or study permit, where applicable.
To apply, you should follow these steps:
– Contact a Canadian immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) for professional advice and assistance.
– Submit an application for restoration of status within the 90-day timeframe.
– Pay the applicable fees, which vary depending on your status (e.g., visitor, student, or worker).
– Wait for a decision from the immigration officer.
If your application is approved, you will receive a visitor record or other appropriate permit outlining the new conditions for your restoration of status. If your application is refused, you will be notified in writing and you will have to leave Canada immediately.
I overstayed my visa by more than 90 days. How do I get a Temporary Resident Permit?
To successfully apply for a Temporary Resident Permit (TRP) in Canada, you should meet the following requirements:
1. Be in Canada or outside Canada but seeking to enter that country.
2. Have valid reasons for remaining in Canada or for entering the country.
3. Be able to demonstrate that your temporary stay in Canada would be in the best interest of the country.
To apply for a TRP, follow these steps:
– Consult with a Canadian immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) for professional advice and assistance.
– Submit an application for a TRP, which includes a detailed explanation of your reasons for remaining in Canada or seeking entry to Canada.
– Pay the relevant fee. The amount will depend on your situation.
– Wait for the immigration officer to make a decision.
If your application is approved, you will be granted a TRP, which will allow you to remain in Canada or enter the country for a specific period of time. If your application is refused, you will be notified in writing and you will then have to leave Canada without further ado.
How long does it take to process a temporary resident permit application in Canada?
The processing time for a Temporary Resident Permit (TRP) application in Canada can vary depending on where and how you apply. If you choose to apply at a Canadian port of entry, such as an airport or land border, the processing time can be as short as a couple of hours.
This option is, however, riskier because there is no guarantee of entry. On the other hand, if you apply in advance by mailing the required documents to a Canadian Consulate in your home country, the processing time can take up to eight months. This method is, however, safer and generally has a higher success rate than applying at the border.
What are the differences between a TRP and restoration of status in Canada?
The differences between a Temporary Resident Permit (TRP) and restoration of status in Canada are in their eligibility criteria and purpose.
Temporary Resident Permit (TRP)
– A TRP is for individuals who have let their permit or visa expire and are not eligible for restoration. TRP holders must apply for a new TRP instead of restoration.
– TRPs are granted based on valid reasons for remaining in Canada or entering the country, demonstrating that the stay would be in Canada’s best interest.
Restoration of Status
– Restoration of status is for those who have lost their temporary resident status, such as students or workers, due to overstaying but are still within the 90-day period after losing status.
– Applicants have to meet a number of specific criteria, apply within 90 days of losing their status, and continue to meet the initial requirements for their stay in Canada.
Restoration allows individuals to regain their previous status, such as study or work permits, after complying with the necessary conditions and paying the required fees.
Understanding these distinctions is very important when having to decide on the appropriate course of action based on an individual’s circumstances and immigration status in Canada.
Can I go to jail if I overstay my visa or eTA in Canada by more than 90 days?
Someone who overstays their visit in Canada by more than 90 days, could face serious consequences, including arrest, deportation, or removal from the country. Overstaying can lead to a removal order issued by the Canada Border Services Agency (CBSA), resulting in expulsion from that country.
Although jail time is not a common consequence for overstaying a visa or other type of entry permit, the potential penalties can be severe and may include being banned from returning to Canada in the future.
We can’t stress enough that, if you overstay your allotted time in Canada, you have to address the situation as quickly as possible. Immediately seek the help of immigration professionals who understand your options and who can help to mitigate the repercussions of your overstay effectively.
What is the situation if I overstay my eTA by a) less than 90 days and b) more than 90 days?
Less than 90 days
If you overstay your eTA by less than 90 days, you may be eligible to apply for restoration of status, This process allows you to regain your legal status in Canada if you apply within 90 days of losing your status and meet specific conditions.
More than 90 days
If you overstay your eTA by more than 90 days, the situation becomes more complex. Overstaying by such a relatively long period can lead to serious consequences, including being deemed inadmissible, denied future visas or eTAs, or even removed from Canada.
In such cases, immediately getting legal advice and exploring options such as a Temporary Resident Permit (TRP) may be necessary to address the overstay situation effectively and avoid the potentially serious repercussions that could be caused by overstaying your eTA.
Will I have problems to get an eTA next year if I overstayed my welcome this year?
If you have overstayed your visa or eTA in Canada, it can impact your future travel plans, including obtaining a new Electronic Travel Authorization (eTA) for that country. Overstaying your eTA can also lead to various other consequences, such as being marked as unlikely to follow visa restrictions and requirements, which could affect future visa/eTA applications.
While an overstay of only a couple of days may not automatically disqualify you from obtaining a new eTA, it is crucial to address the overstay situation as soon as possible and going forward to ensure compliance with immigration regulations to avoid potential issues with future travel authorization applications.
Which is best and easier to apply for if I want to go on a 3-month trip to Canada, a visa or an eTA?
If you are planning a 3-month trip to Canada, the choice between applying for a visa or an Electronic Travel Authorization (eTA) depends on your travel circumstances and your nationality. An eTA is only available to citizens of certain countries.
Here are a few important issues to take into account:
Electronic Travel Authorization (eTA)
An eTA is generally easier and quicker to obtain than a visa. The cost of an eTA is lower and it is valid for up to five years, allowing multiple entries during that period. However, only travelers from visa-exempt countries flying to or transiting through Canada by air qualify for an eTA.
Canadian visa
A Canada visa may be required for travelers from non-visa-exempt countries or those planning to stay longer than an eTA permits. The visa application process is more complex, time-consuming, and expensive compared to an eTA.
If you are from a visa-exempt country, therefore, and your trip is for 3 months or less, applying for an eTA would likely be your best (and easiest) option.