Overstaying in Canada: Causes, consequences, and solutions

Overstaying in Canada

Chijioke is a Nigerian citizen who entered Canada eight months ago as a visitor. The officer allowed him to remain in Canada for up to six months. However, Chijioke has overstayed in Canada. He wonders what are the consequences of overstaying in Canada. Moreover, Chijioke hopes to find a solution to this problem.

What is overstaying in Canada?

Foreign nationals may not stay in Canada forever. One of the following circumstances defines when they have to leave Canada.

  • Six months from the day of entry, if they do not receive an exit stamp, a permit, or a visitor record for their stay in Canada [R183(2)],
  • The expiration date of their work or study permit,
  • The expiration date of their visitor record,
  • If they are on maintained status, the day an officer refuses their extension or permit application [R183(5)],
  • Being subject to an enforceable removal order or
  • More than 90 days have passed since they finished their studies in Canada, even if their study permit is valid.

If a person remains in Canada beyond these dates, they overstay in Canada.

What are the consequences of overstaying in Canada?

If someone overstays in Canada, they are non-compliant with the immigration law. A non-compliant is inadmissible to Canada and is subject to a removal order. The typical removal orders for this group are exclusion orders, which ban them from Canada for one year. Nonetheless, in extreme situations, the person could be fined or imprisoned. CBSA usually deals with overstaying in Canada. However, there are exceptional circumstances in which other entities, such as IRB or IRCC, could jump in.

What are the solutions?

If you have overstayed in Canada, your best solution is to leave Canada immediately. However, if you want to remain in Canada, you may explore one of the following solutions. Remember, none of these options are perfect.

Let us help!

If you have overstayed in Canada, your best bet is to book a consultation session with me. I have been in practice since Jan 2011 and have dealt with many complex cases. However, if you doubt needing a consultation session, fill out the following form. We will review it, and if we find consultation is necessary, we will contact you.

    Welcome! We're here to help you with your immigration concerns. Please provide some initial information to help us understand your situation and guide you better. Your journey towards resolving immigration issues begins here.

    Personal Information

    Full Name (required)

    Email (required)

    Confirm Email (required)

    WhatsApp number (optional)

    Immigration Concerns

    Are you inadmissible to Canada?

    YesNoI don't know

    Have you received a removal order from Canada?

    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?

    YesNoI don't know

    Please explain the issue briefly:

    Additional Resources

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB. Examples of helpful documents include: refusal letters, other correspondence from immigration authorities, etc.

    Your Next Step

    If you prefer to discuss your situation directly, you can book a consultation session with Al Parsai. Please note that the consultation is not free. By submitting this form, you're taking the first step towards receiving professional guidance on your immigration journey. We will review your information and advise if it is best to book a consultation with him.

    We take your privacy seriously. Your information will only be used to assess your situation and to contact you.

    Client Testimonials

    We are proud to have a rating of 4.8/5 based on tens of reviews. Here's what one of many of our satisfied clients had to say about our services:

    A testimonial by a satisfied consultation client.

    You can find more reviews by searching for "Parsai Immigration Services" on Google.

    Related Posts

    Does Canadian Citizenship Cancel Refugee Status?

    Jun 14, 2024

    A Comprehensive Guide to Low-Wage LMIA in Canada (2024)

    Jun 10, 2024

    Open Work Permits for Vulnerable Workers OWP-V: A CIMM View

    Jun 9, 2024

    Comparing the U.S. INA and Canada’s IRPA: Immigration Laws

    Jun 8, 2024

    Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.

    Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.