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katolli

Member
Jul 1, 2019
12
0
A lady came to Canada last year on a visitor's visa, (visa expires in 2022) but overstayed as per the stamp in her passport. She wants to remain in Canada but her daughter don't want her and had verbally abused her and as such she's now residing in a church basement. What are her options?
 
A lady came to Canada last year on a visitor's visa, (visa expires in 2022) but overstayed as per the stamp in her passport. She wants to remain in Canada but her daughter don't want her and had verbally abused her and as such she's now residing in a church basement. What are her options?

Right now she really doesn't have any options for remaining in Canada long term.

When her visa expires is irrelevant. What matters is when she entered Canada and how long a visit she was allowed. I'm assuming she was given the default six month visit (rather than something shorter). If it's been more than 90 days since her allowed visit ended, then it's too late to fix her status within Canada and her only option is to leave.

If it's been fewer than 90 days since her allowed visit to Canada ended, then she can submit a restoration application to request that IRCC restore her status as a visitor in Canada. This request may be approved or it may not be. If it is not approved, she will be ordered to leave Canada. If it is approved, she will be able to stay a few months longer - but only as a visitor. Eventually she will still have to leave.

If she wants to be able to move to Canada and live here permanently, she will need to apply for PR through an economic immigration stream like Express Entry. In order to do this, she will need to leave Canada and return to her home country and apply from there (if she qualifies). She cannot apply while in Canada without status.