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.

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    Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
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    Ashton College Instructor – Immigration Consulting
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    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.

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    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.