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  • Writer's pictureCalver Immigration Consulting Inc.

Overstaying Your Temporary Status in Canada: What Are the Consequences and Remedies if I’m Illegal in Canada?

As a Regulated Canadian Immigration Consultant, I often get asked about the consequences of overstaying one's temporary status in Canada and how to address such a situation. It's a crucial topic that warrants a detailed discussion. Today I’ll delve into what happens when you overstay your status in Canada and the ways you can resolve this.


Understanding Overstay

Overstaying refers to the situation where a visitor, student, or worker remains in Canada beyond the validity of their temporary status. It's essential to understand that overstaying your visa can have serious implications on your future immigration applications.

 

Consequences of Overstaying

 

1. Loss of Status: The immediate effect of overstaying is the loss of your legal status in Canada, this means that you are quite simply not legally in Canada.

 

2. Inadmissibility: Overstaying can lead to a determination of inadmissibility, if you do not rectify or change your status after 30 days in Canada, your departure order becomes a removal order, and you could be deported from Canada. If you are deported, it can be quite difficult to return to Canada.

 

3. Impact on Future Applications: Overstaying can affect your future immigration or temporary resident applications. It can lead to refusals based on non-compliance with the conditions of your past permits.

 

Addressing Overstay of Your Temporary Status in Canada

 

If you've overstayed your status in Canada, it's important to take corrective actions as soon as possible. Here are some options:

 

1. Apply for Restoration of Status: If it's been less than 90 days since your status expired (or you were refused) you may apply for restoration of your temporary status. You can stay in Canada while you await a decision on your application for restoration.

 

2. Apply for a Temporary Resident Permit (TRP): If you're deemed inadmissible, you may apply for a TRP. This permit can allow an individual who is inadmissible, or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA), to remain in Canada.

 

3. Leave Canada and reapply from outside of Canada: In some cases, we advise that a person leaves Canada and reapplies from outside of the country if the above options aren’t suitable for them. Sometimes staying in Canada will prolong the issue. If there exists an opportunity for a client to apply from their home country or at the border and resolve their status issues, this is sometimes the best option for an applicant.

 

Final Thoughts

Overstaying your temporary status in Canada is a serious issue that can have significant consequences. If you find yourself in this situation, it is often best to consult with an immigration professional to understand your options.

 

As a Regulated Canadian Immigration Consultant, I am ready to assist you in navigating these complex issues and guide you toward the most appropriate solution for your situation.

 

Remember, it's always better to be proactive with your immigration status to avoid complications. Always keep track of the expiry dates of your permits and apply for extensions well in advance.


At Calver Immigration Consulting Inc., we are here to assist you in navigating these intricate matters and steer you toward the best-fitting resolution for your specific circumstances. book an online consultation with us here.



 

Our Services


Calver Immigration Consulting Inc. is rated Canada's number one boutique immigration consultancy. We serve clients across Canada and internationally. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law serving those in Canada and abroad.


We can assist with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.



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