Canada Visa Expired: What Happens If You Overstay in Canada? (2024)

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.

Canada Visa Expired: What Happens If You Overstay in Canada? (1)

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.

Table of Contents

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

Canada Visa Expired: What Happens If You Overstay in Canada? (2)

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 Expired: What Happens If You Overstay in Canada? (3)

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

Canada Visa Expired: What Happens If You Overstay in Canada? (4)

Canada Visa Expired: What Happens If You Overstay in Canada? (5)

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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Canada Visa Expired: What Happens If You Overstay in Canada? (2024)

FAQs

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

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).

Can I stay in Canada after my visa expires? ›

If your status expires

If you apply to extend your stay in Canada before the date you're supposed to leave, you can legally stay in Canada until a decision is made on your application. In this situation, you have maintained your status.

Can an overstay be forgiven in Canada? ›

In some cases, if it's been less than 90 days since your visitor status expired, you can apply to restore it. Use your document checklist to get the forms and documents you need.

How long is overstaying in Canada? ›

If you are a foreign national who is in Canada on a work permit, study permit, or as a visitor, and you remain beyond the validity of your permit (or for visitors usually 6 months, or as stated on your passport or Visitor Record) you are considered to be out of status.

What should I do if I overstay in Canada? ›

It is advisable to speak to an immigration lawyer who can explain your options and recommend the best course of action given your background and future plans. They will work to determine if you have a valid reason for overstaying and can help you to provide the necessary documents and evidence to support your case.

How long can I stay in Canada after my status expires? ›

If your status expires

If you apply to extend your stay in Canada before the date you're supposed to leave, you can legally stay in Canada until a decision is made on your application. In this situation, you have maintained your status.

Is it illegal to overstay your visa in Canada? ›

It is illegal to remain in Canada beyond the validity of your status in Canada. It is illegal to work without a required work permit.

Can I go to Canada if I overstayed in USA? ›

Overstaying a visa in the USA can have serious implications for your ability to immigrate to Canada. In general, Canadian immigration authorities consider an individual's immigration history when evaluating their application for permanent residency or temporary status.

Can I come back to Canada with expired visa? ›

You can ask to come back to Canada on your original temporary resident (visitor) visa, even if it's expired, if: you'll only visit the U.S. or St. Pierre and Miquelon, and. you'll return to Canada before the end of your approved stay in Canada.

Can a US citizen overstay in Canada? ›

Overstaying can lead to not only the loss of your current privileges or immigration status but can also eliminate your ability to ever become a permanent Canadian citizen. Specifically, you may: Be deemed inadmissible.

What to do if your Canadian visa expires? ›

If your visitor visa expired and you need to leave and return to Canada, you need to apply for a new visitor visa (not a visitor record). See also How can I extend my stay as worker? and How can I extend my stay as a student?

What happens if an American overstays in Canada? ›

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).

What happens if a Canadian overstays in the US? ›

Likewise, those who stay overstay their 180-day status may be barred from entering the United States in the following years that, with individuals who stay longer than 180 days but less than a year usually receiving a three-year ban while those who unlawfully overstayed more than a year are subject to a 10-year entry ...

What's the penalty for overstaying visa in Canada? ›

Arrest, Deportation, or Removals

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.

Can visa overstay be forgiven? ›

A waiver for overstaying your visa is a form of forgiveness that allows the foreign national to obtain lawful permanent residence in the U.S. While obtaining a visa overstay forgiveness is possible, it isn't easy and requires the individual to demonstrate extreme hardship or other exceptional circ*mstances.

Can I get a visa if I overstayed? ›

The law provides that the visa of individuals who overstay is automatically voided and all future nonimmigrant visas must be obtained in the country of nationality, except for those who are eligible for an exemption due to "extraordinary circ*mstances." If the individual has more than one visa in the passport, only the ...

Can I immigrate to Canada if I overstayed my US visa? ›

In general, Canadian immigration authorities consider an individual's immigration history when evaluating their application for permanent residency or temporary status. If you have overstayed your visa in the USA, it may be more difficult to obtain legal status in Canada.

How long can you stay in Canada without a visa? ›

Most visitors can stay for up to 6 months in Canada. If you're allowed to enter Canada, the border services officer may allow you to stay for less or more than 6 months. If so, they'll put the date you need to leave by in your passport. They might also give you a document.

What happens if I stay after my visa expires? ›

Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States.

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