extension of stay and calculating the days

[m.ford]

Dear All,
I have questions concerning my rights to enter Canada as a foreigner or how to calculate the days.

My question is - do 180 days start to count according to the calendar year (which means it resets on Jan,1st each year)?
Or is it based on the date I got my TRV (which is Feb, 2nd in my case as the first time I travelled to Canada was on 02-Feb-2019)?

My situation is the following. I entered Canada on 9-May-2020. My husband (a Canadian citizen) and I applied for my Permanent Residence via Spousal Family Sponsorship Outland in October-2019. I am afraid that the global pandemic might postpone the due date (which should be on 18-Oct-2020 as one year after we submitted the application).
I am aware that I can apply for the extension my stay in Canada as a tourist. And it should be done at least one month before the period of my 6-month stay expires.

In other words – after I submit my application for the extension of my stay in Canada as a tourist, if I leave Canada in December 2020, when will I be able to come back to Canada as a tourist using my TRV? (in case it takes IRCC long to process my application for Permanent Residence Outland). Will I be able to return to Canada 1-Jan-2021? Or should I wait till 02-Feb-2021?

 

[primaprime]

It's 180 days out of 365, not the calendar year.

You can always leave Canada and seek to return with a valid TRV. Of course, you may not be allowed in if the officer thinks you're not a genuine visitor.

 

[m.ford]

It's 180 days out of 365, not the calendar year.

You can always leave Canada and seek to return with a valid TRV. Of course, you may not be allowed in if the officer thinks you're not a genuine visitor.

thank you for your reply.
Maybe you also can advise anything in this question - if I apply for the extension of my stay (and on IRCC site they say that the approximate time of waiting is 165 days since now) and while waiting for this, I leave Canada, won't it be counted as that exceeded my stay in Canada illegally?
I mean won't this leave (before I get approval) and stay over 180 days in Canada make problems for the future trips?

 

[Bs65]

No because whilst you are waiting for a decision on the extension you have legal status to remain. Once you leave then in effect you have abandoned the extension application so any future travel to Canada needs a valid TRV and a fresh assessment at the POE by CBSA.

Generally recommended though for visitors to stay out of Canada for much same time as spent in the country. Not an actual rule but CBSA do look out to see if a visitor is attempting to live in the country spending more time in Canada than in home country.

 

[canuck78]

Dear All,
I have questions concerning my rights to enter Canada as a foreigner or how to calculate the days.

My question is - do 180 days start to count according to the calendar year (which means it resets on Jan,1st each year)?
Or is it based on the date I got my TRV (which is Feb, 2nd in my case as the first time I travelled to Canada was on 02-Feb-2019)?

My situation is the following. I entered Canada on 9-May-2020. My husband (a Canadian citizen) and I applied for my Permanent Residence via Spousal Family Sponsorship Outland in October-2019. I am afraid that the global pandemic might postpone the due date (which should be on 18-Oct-2020 as one year after we submitted the application).
I am aware that I can apply for the extension my stay in Canada as a tourist. And it should be done at least one month before the period of my 6-month stay expires.

In other words – after I submit my application for the extension of my stay in Canada as a tourist, if I leave Canada in December 2020, when will I be able to come back to Canada as a tourist using my TRV? (in case it takes IRCC long to process my application for Permanent Residence Outland). Will I be able to return to Canada 1-Jan-2021? Or should I wait till 02-Feb-2021?

Did you apply for an OWP too?

 

[m.ford]

Did you apply for an OWP too?

I applied for PR last October...still waiting
Soon gonna apply for extension of stay...unless Warsaw finally gives my PR on time
I cannot apply for work permit while on a trv here because I applied for PR outland

 

[canuck78]

What is it?
I applied for PR last October...still waiting
Soon gonna apply for extension of stay...unless Warsaw finally gives my PR on time
What is owp?

Times are always estimates and 1 year is the typical approval time for 80% of applicants. We aren’t in typical times. I assumed you applied inland so OWP is not anoption. Apply for an extension if you haven’t received your PR.

 

[m.ford]

No because whilst you are waiting for a decision on the extension you have legal status to remain. Once you leave then in effect you have abandoned the extension application so any future travel to Canada needs a valid TRV and a fresh assessment at the POE by CBSA.

Generally recommended though for visitors to stay out of Canada for much same time as spent in the country. Not an actual rule but CBSA do look out to see if a visitor is attempting to live in the country spending more time in Canada than in home country.

I have a letter from IRCC which stated that I was excempt from travel restrictions. Thus I could come to my husband in Canada in May 2020. There is no word in the letter if it's for single use only or experatiob date. Does it mean I can use this letter again if travel this winter?

 

[m.ford]

do not travel in this situation. just apply for extension if needed you can apply for another extension after the first one is over.

I need to go back to my country for a month or so. That's why I need to know whether that letter will be still valid
If only Warsaw worked faster or at least processed applications for PR normally, so many problems could disappear

 

[canuck78]

I need to go back to my country for a month or so. That's why I need to know whether that letter will be still valid
If only Warsaw worked faster or at least processed applications for PR normally, so many problems could disappear

You will need to prove that you are the spouse of a PR or citizen again. We are in a fluid situation so there are never any guarantees that travel restrictions will remain the same. If you are planning on exiting and entering again there is no need to apply for an extension. You are likely to be granted a 6 month stay when you arrive in Canada again.

 

[m.ford]

You will need to prove that you are the spouse of a PR or citizen again. We are in a fluid situation so there are never any guarantees that travel restrictions will remain the same. If you are planning on exiting and entering again there is no need to apply for an extension. You are likely to be granted a 6 month stay when you arrive in Canada again.

I have to apply for extension because I entered Canada in the beginning of May. Thus in order to stay till December I must apply for extension.
As for the trip - I will be travelling with my husband (Canadian citizen) and we will be coming back together. Moreover my application for PR via Family Sponsorship is due in October 2020 (we applied outland in October 2019) but I doubt that Warsaw will complete my application on time =(
That's why I have to be ready totravel and come back to Canada still as a tourist =(

 

[canuck78]

I have to apply for extension because I entered Canada in the beginning of May. Thus in order to stay till December I must apply for extension.
As for the trip - I will be travelling with my husband (Canadian citizen) and we will be coming back together. Moreover my application for PR via Family Sponsorship is due in October 2020 (we applied outland in October 2019) but I doubt that Warsaw will complete my application on time =(
That's why I have to be ready totravel and come back to Canada still as a tourist =(

When are you planning on travelling? There is no "due date" only targets for pricessing times during normal processing. These are not normal times.

 

[m.ford]

When are you planning on travelling? There is no "due date" only targets for pricessing times during normal processing. These are not normal times.

We want to travel in December 2020 - and come back to Canada in February 2021. My TRV began on 2-Feb-2019 - so I guess this is the date when the number of days spent in Canada reset - am I right in calculations?

 

[canuck78]

We want to travel in December 2020 - and come back to Canada in February 2021. My TRV began on 2-Feb-2019 - so I guess this is the date when the number of days spent in Canada reset - am I right in calculations?

The 6 month starts when you enter Canada.

 

[m.ford]

The 6 month starts when you enter Canada.

I cannot figure out when I will be able to return to Canada if I leave the country in December 2020 =(

My visits to Canada were the following:
From 02-Feb-2019 till 16-Feb-2019 (15 days)
From 19-Apr-2019 till 12-May-2019 (24 days)
From 13-Aug-2019 till 20-Oct-2019 (69 days)
From 14-Dec-2019 till 12-Jan-2020 (40 days)
From 9-May-2020 till the day of writing (staying in Canada now while waiting for IRCC Office in Warsaw to complete my application for PR outland)

Can you help me with calculations please?
When can I come to Canada if I leave the country in December 2020 (after getting the extension or while waiting for IRCC to process it)?