Expired Canada Visa: What Happens If You Overstay in Canada?

By Kach Umandap - Howe May 7th, 2020 Posted in Guide for Filipinos, Travel Blog, VISA Application Guides One Comment

Canada is one of the most generous countries that you could visit. Temporary Resident Visa Holders (e.g., tourists, visitors, etc.) can stay for up to 6 months. You can also apply for an extension for at least 30 days if you want to stay more. But some people go beyond their authorized stay. Here’s a list of consequences if you overstay in Canada.

Overstay in Canada Consequences of Going Beyond Authorized Stay

Temporary Resident Visas to Canada are usually issued according to the validity of your passport. You can get at most ten years. Canada is also very open to immigrants and citizenship. However, to get benefits, you’ll need to have proper papers and not overstay in Canada as per your visa rules.

1. Inadmissible

As per Canada’s Official Website, people who overstay in Canada may be Inadmissible. Inadmissible people will be denied visa or Electronic Travel Authorization, refused entry or removed from Canada. This will be under failure to comply with any provision of IRPA (Immigration and Refugee Protection Act). An example is temporary residents who don’t respect the conditions of their stay— they stay longer than allowed, or work or study without the proper permits.

2. Arrest, Deportation, or Removals

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Those who overstay in Canada may receive a Removal Order as issued by the Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). Removal orders will state that you are can’t legally remain in Canada and must leave the country. It can be effective immediately or after a decision in case you appealed.

As per the CBSA Website, there are three types of Removal Order:

Departure Order

  • When order takes effect, the person in the removal order must leave Canada within 30 days
  • Confirm departure with the CBSA so that you may return to Canada in the future
  • If not (no confirmation or did not leave within 30 days), an Authorization to Return to Canada must be obtained before coming back

Exclusion Order

  • You can’t go back for one year
  • If you want to return within a year, apply for an Authorization to Return to Canada
  • Should the order be due to misrepresentation, the ban will be for five years instead of one
  • You must repay the cost paid by the CBSA for your removal

Deportation Order

  • You are barred from Canada and can’t return unless you have an Authorization to Return to Canada
  • Repay the costs paid by the CBSA for your removal

P.S. Failure to appear for a removal interview or schedule a removal date may make the CBSA issued a Canada-wide warrant of arrest. You may be detained and have an escort officer.

3. Visa Refusal (on your future application)

Canada Visa

Should the officials know that you Overstayed in Canada, your visa may be denied. Especially if you were issued a Removal order or was declared as inadmissible.

If you want to stay long or work in Canada, you can apply as a Permanent Resident or Canadian Citizen. Do not hide and illegally stay. Nowadays, they are very open to make you a resident or a Citizen there. Benefits in Canada are also great, from Education to Health Care. So, it’s better to follow their rules and regulations.

Tips as to not Overstay in Canada

  • Keep your document (e.g., plane tickets, boarding pass, bus tickets) especially if you don’t get a stamp as you enter Canada
  • Track how many days you have been in the country if you want to stay for the whole 6 months make sure you set an alarm or reminder
  • If you wish to extend your stay, you can research ahead the processing time and documents needed so that you won’t overstay
  • Should you like to change your status, you can also research ahead and process immediately to have ample time to stay in Canada

Now, you have learned the consequence when you overstay in Canada. Like most countries, it’s better to follow their rules and not go beyond your authorized period of stay. This will be a bad record and might get you denied in other visa applications. Follow simple rules, and you’ll be able to travel the world.

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Written by Kach Umandap - Howe

Co-Founder of Two Monkeys Travel Group. Since 2013, Kach has visited all the 7 continents (including Antarctica) and 143 countries using her Philippines Passport. In 2016, she got married then a year later bought a sailboat and went on sailing adventures with her two cats - Captain Ahab & Little Zissou in the Caribbean for 2 years. She now lives in Herceg Novi, Montenegro. She writes about her experiences traveling as a Filipina traveler with a PHL Passport. Also tips on backpacking trips, luxury hotel experiences, product reviews, sailing & adventure travel.

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