Can one stay in Canada for 6 months with 4 month left in TRV visa?

[screech339]

I want to post a question to someone who is very familiar with TRV rules.

I have a relative who has a Canadian Visa that will expire in February 2020. If this person were to come visit Canada now and able to enter without a stamp in the passport. Does this person can only stay 4 months (Feb 2020) or 6 months (April 2020). My brother and I were having a discussion about this. He says the person cannot stay longer than February, while I think the person can stay longer up to 6 months max, 2 months pass the visa expiry date. My logic says that the visa allows person to enter Canada, once in, the person can stay up to 6 months max, regardless of when the visa in passport expires.

If someone can point this in out in any website to confirm whether my brother or I am correct. I would appreciate getting some feedback on this.

 

[RiZ92]

I want to post a question to someone who is very familiar with TRV rules.

I have a relative who has a Canadian Visa that will expire in February 2020. If this person were to come visit Canada now and able to enter without a stamp in the passport. Does this person can only stay 4 months (Feb 2020) or 6 months (April 2020). My brother and I were having a discussion about this. He says the person cannot stay longer than February, while I think the person can stay longer up to 6 months max, 2 months pass the visa expiry date. My logic says that the visa allows person to enter Canada, once in, the person can stay up to 6 months max, regardless of when the visa in passport expires.

If someone can point this in out in any website to confirm whether my brother or I am correct. I would appreciate getting some feedback on this.

It will be overextended stay and will cause issues next time. You shouldn't be staying more then the visa permitted. The six month rule is maximum you can stay if your visa is valid. If your visa is not valid you cannot stay.

 

[bellaluna]

I want to post a question to someone who is very familiar with TRV rules.

I have a relative who has a Canadian Visa that will expire in February 2020. If this person were to come visit Canada now and able to enter without a stamp in the passport. Does this person can only stay 4 months (Feb 2020) or 6 months (April 2020). My brother and I were having a discussion about this. He says the person cannot stay longer than February, while I think the person can stay longer up to 6 months max, 2 months pass the visa expiry date. My logic says that the visa allows person to enter Canada, once in, the person can stay up to 6 months max, regardless of when the visa in passport expires.

If someone can point this in out in any website to confirm whether my brother or I am correct. I would appreciate getting some feedback on this.

You are correct. Not your brother or the post above.

Status/length of stay is determined by the CBSA officer at the POE and is 6 months max in many cases, regardless of the visa expiry date.

https://www.canada.ca/en/immigratio...ents/visitors/visa-validity-expiry-dates.html

 

[k.h.p.]

It will be overextended stay and will cause issues next time. You shouldn't be staying more then the visa permitted. The six month rule is maximum you can stay if your visa is valid. If your visa is not valid you cannot stay.

Incorrect. It's up to the CBSA officer, but you could be admitted for six months.

 

[@trigger]

6 months (April 2020), usually decided at POE by border officer.

 

[@trigger]

It will be overextended stay and will cause issues next time. You shouldn't be staying more then the visa permitted. The six month rule is maximum you can stay if your visa is valid. If your visa is not valid you cannot stay.

Buddy, this is wrong information.

 

[RiZ92]

Incorrect. It's up to the CBSA officer, but you could be admitted for six months.

You can be admitted but it would be over extended stay.
Try overextending and let everybody know how it will go next time.
Its better to play safer then sorry for next time.

It's visa holder responsibility to leave the country (its written on your visa letter) before visa expires not CBSA responsibility.

 

[k.h.p.]

You can be admitted but it would be over extended stay.
Try overextending and let everybody know how it will go next time.
Its better to play safer then sorry for next time.

It's visa holder responsibility to leave the country (its written on your visa letter) before visa expires not CBSA responsibility.

I'm sorry, you're simply wrong.

You can be admitted to Canada with one day left on the validity of your visa and stay for as long as CBSA allows you (up to six month).

There is no such thing as "over extended stay," there is an overstay (which is staying beyond the length of your admission) and there is an extension of status (which is staying longer after applying).

If the OP arrives at the border with four months of validity on the visa and CBSA does not stamp his passport with a specified date of departure, OP can stay for six months. Period. The manual link was already provided to you, and it's obvious you have not read it.

The validity period on the visa is the expiry date of the permission to travel to Canada to apply to enter. It's not a "leave Canada by" date.

Please stop spreading incorrect information.

 

[k.h.p.]

Have you ever heard of Extending Visa?
https://www.canada.ca/en/immigratio...ces/visit-canada/extend-stay/eligibility.html

you cannot stay in Canada without Status. It clearly says you need to apply for extended visa if your visitor status is expired and you have to apply 30 days prior.

Why risk when there is a legal rule to stay in Canada?

Please. You're wrong, and many people have told you that you're wrong.

You can be admitted to Canada for up to six months with one day left in the validity period of your visa. You won't always be, but you can be.

Extending a status is something else entirely, and while you've proven you can link to IRCC, you're still not demonstrating you understand the difference between the validity period of a visa, the length of admission, valid status, and extension of status.

You're giving bad advice.

You cannot extend a visa. You can only extend status.

If the visa is expired, you apply for a new one. If the status is close to expiring (close to six months or what was written in the passport) you apply to extend it.

 

[bellaluna]

You can be admitted but it would be over extended stay.
Try overextending and let everybody know how it will go next time.
Its better to play safer then sorry for next time.

It's visa holder responsibility to leave the country (its written on your visa letter) before visa expires not CBSA responsibility.

As explained by khp, you are confusing “visa” with “status”, which are different things.

Please check this IRCC link where it explicitly says “The validity date is NOT the suggested duration of the visit.”

https://www.canada.ca/en/immigratio...ents/visitors/visa-validity-expiry-dates.html

edited to add: although this warning is likely more for those who think they can stay for 10 years in Canada on a TRV.

 

[screech339]

Thank you everyone for the response. Especially for bellaluna providing me with the link. I had a feeling that I was right and your responses validates my view.