Overstay in Canada by a few days

[Ceimi]

Quick question:

I entered Canada about 5.5 months ago and my 6-month limit is nearing at the beginning of December. My husband and I are flying out 5 days after my status ends to the U.S. for the holidays. Will this cause more trouble than heading across the border to reset it would be worth? Its a few hours drive to go across the border and because we have flights from inside Canada, I'd rather not be refused entry (even though its extremely unlikely) and end up missing my flight.

We plan to submit our PR application before we leave but we intent to apply outland from inside Canada, and I intend to list the dates of my stay (overstay included) just wanna know if this will cause any problems in the current, and i

 

[davidb57]

W.e you end up doing, do not overstay!

option 1. Apply for an extension online
option 2. Go to the border

Those are your 2 options!

 

[Bs65]

An overstay is an overstay whichever way you look at and you have no excuses to present to immigration why you could not having been a visitor for 5.5 months already have used the formal process to extend your stay or reset your status at a border.

Add to that seems although have no idea based on your post you are possibly for now living in Canada as a visitor which may get some focus already, so why would you put any risk with any future PR application for the sake of not having applied for an extension or at least resolving your status before you overstayed.

Not sure why you think it unlikely you might get refused entry as a visitor given as you know there is no way to predict. The fact you already spent near 6 months as a visitor and will present yourself to CBSA for another 6 months the odds are they could think you are living in the country as a visitor so might not be a given to reset there is no way to predict, you might get a shortened stay, the overstay may not help with that decision , even just 5 days.

 

[Masonb6888]

An overstay is an overstay whichever way you look at and you have no excuses to present to immigration why you could not having been a visitor for 5.5 months already have used the formal process to extend your stay or reset your status.

Add to that seems although have no idea based on your post you are possibly for now living in Canada as a visitor which may get some focus already, so why would you put any risk any future PR application for the sake of not having applied for an extension or at least resolving your status before you overstayed

I don't fully understand your response, but I do understand this part where they bring up risking your PR application.
it isn't worth it.
Don't just guess. don't think they wont look. it's also a question on the application if you've ever overstayed your welcome in Canada.
go through the proper channels to stay/ extend.

 

[Ceimi]

Thank you everyone! The consensus seems to be not to do it, even if its just a few days. I talked it over with my husband and we will just have a quick day trip across the border in the coming weeks since renewing is $100..

 

[KBH]

It's my understanding based on what I've read in this forum, that having overstayed or being out of status does not risk or impact the decision made on your outland spousal PR application.

Interested to see if someone experienced can chime in here...

That being said... might be best to stay in status for your own peace of mind.

 

[Ceimi]

It's my understanding based on what I've read in this forum, that having overstayed or being out of status does not risk or impact the decision made on your outland spousal PR application.

Interested to see if someone experienced can chime in here...

That being said... might be best to stay in status for your own peace of mind.

That's what I've been reading as well.. which is why I thought I'd ask. From what I was seeing, overstaying by a few days very rarely had any consequences as long as you weren't a criminal, didn't have a removal order, and left on your own accord (which I have a flight planned anyway...) that the overstay would be a nonissue especially since they don't have exit information.

With that said, the consensus was that I shouldn't risk it and I will take that advice even if it means wasting a couple of hours to drive to the border and have a day trip.

On another note, does anyone know what I would submit as proof of my legal status here in Canada? I crossed the border last time with only my passport card, they sent me to immigration to further question me since I had been in Canada for 6 months already and wanted me to get a VR to extend my stay. The lady at immigration just grilled me for having paid my PR app fees but not have submitted it yet, after which she let me though but never gave me a VR nor was I able to obtain a stamp because I only had my PR card. I ordered my traveler history but it doesn't show how long you are approved to stay in Canada for. I'm assuming I was given 6 months because I wasn't given anything, will the traveler history be enough in my PR application since I'm applying outland from within Canada.

 

[davidb57]

That's what I've been reading as well.. which is why I thought I'd ask. From what I was seeing, overstaying by a few days very rarely had any consequences as long as you weren't a criminal, didn't have a removal order, and left on your own accord (which I have a flight planned anyway...) that the overstay would be a nonissue especially since they don't have exit information.

With that said, the consensus was that I shouldn't risk it and I will take that advice even if it means wasting a couple of hours to drive to the border and have a day trip.

On another note, does anyone know what I would submit as proof of my legal status here in Canada? I crossed the border last time with only my passport card, they sent me to immigration to further question me since I had been in Canada for 6 months already and wanted me to get a VR to extend my stay. The lady at immigration just grilled me for having paid my PR app fees but not have submitted it yet, after which she let me though but never gave me a VR nor was I able to obtain a stamp because I only had my PR card. I ordered my traveler history but it doesn't show how long you are approved to stay in Canada for. I'm assuming I was given 6 months because I wasn't given anything, will the traveler history be enough in my PR application since I'm applying outland from within Canada.

Well, I'm not sure how the issuing of a VR works. I know the officer gave me one, he was really nice. It would be nice if you got one as well. The thing is that issuing a VR puts an extra workload in the officer so...

Make sure you take your plane ticket with you whenever you go for that day trip.

I don't know if that will be enough, but I submitted a document from the CBP showing my traveler history in top of the stamps. I would say you should be fine but maybe someone else can advice you better in this matter.

 

[bafonso]

Quick question:

I entered Canada about 5.5 months ago and my 6-month limit is nearing at the beginning of December. My husband and I are flying out 5 days after my status ends to the U.S. for the holidays. Will this cause more trouble than heading across the border to reset it would be worth? Its a few hours drive to go across the border and because we have flights from inside Canada, I'd rather not be refused entry (even though its extremely unlikely) and end up missing my flight.

We plan to submit our PR application before we leave but we intent to apply outland from inside Canada, and I intend to list the dates of my stay (overstay included) just wanna know if this will cause any problems in the current, and i

I don't see why they would refuse your entry when you have a flight getting out of canada 5 days after. Submit app ASAP (at least pay for it) and be honest at the border. With an international flight what are the chances you'll overstay?...

 

[Ceimi]

Well, I'm not sure how the issuing of a VR works. I know the officer gave me one, he was really nice. It would be nice if you got one as well. The thing is that issuing a VR puts an extra workload in the officer so...

Make sure you take your plane ticket with you whenever you go for that day trip.

I don't know if that will be enough, but I submitted a document from the CBP showing my traveler history in top of the stamps. I would say you should be fine but maybe someone else can advice you better in this matter.

Yeah definitely will be asking for a VR when we come back from our christmas vacation. Hoping to get one at the border so I don't have to apply online to extend my status! I will definitely be bringing my plane ticket. For now that's what my plan was as well, copy of traveler history ontop of the pages of stamps I have. I hope this at the very least wont make them return the application lol.

I don't see why they would refuse your entry when you have a flight getting out of canada 5 days after. Submit app ASAP (at least pay for it) and be honest at the border. With an international flight what are the chances you'll overstay?...

Me either, I plan to just let them know that I'll be staying with my husband for a week or two (whenever we are able to get across the border in the coming weeks) to finalize and submit our application and then we will be leaving to the US and show them our plane ticket info. Would it be weird to ask them to stamp my passport? How would I ask them that without sounding rude?

 

[canuck_in_uk]

Such an overstay wouldn't risk a spousal PR app and there is not much chance that it would risk a future entry as a visitor. However, it does mean that if ever asked in any immigration application for anywhere in the world if you have ever violated the immigration laws of another country, you couldn't honestly say No.

 

[Ceimi]

Such an overstay wouldn't risk a spousal PR app and there is not much chance that it would risk a future entry as a visitor. However, it does mean that if ever asked in any immigration application for anywhere in the world if you have ever violated the immigration laws of another country, you couldn't honestly say No.

I figured not. While I don't have any plans to ever immigrate to another country again (its all fun and games until you actually HAVE to do your application.. Lol!) I'll just stick on the safe side unless something drastic comes up, and still plan for a quick day trip.

 

[trackgal1]

On another note, does anyone know what I would submit as proof of my legal status here in Canada? I crossed the border last time with only my passport card, they sent me to immigration to further question me since I had been in Canada for 6 months already and wanted me to get a VR to extend my stay. The lady at immigration just grilled me for having paid my PR app fees but not have submitted it yet, after which she let me though but never gave me a VR nor was I able to obtain a stamp because I only had my PR card. I ordered my traveler history but it doesn't show how long you are approved to stay in Canada for. I'm assuming I was given 6 months because I wasn't given anything, will the traveler history be enough in my PR application since I'm applying outland from within Canada.

If you are applying outland, you don't have legal status in Canada. You are a visitor each and every time you cross the border, up until you have PR status. Therefore, you shouldn't need proof of legal status in Canada for your application.

Me either, I plan to just let them know that I'll be staying with my husband for a week or two (whenever we are able to get across the border in the coming weeks) to finalize and submit our application and then we will be leaving to the US and show them our plane ticket info. Would it be weird to ask them to stamp my passport? How would I ask them that without sounding rude?

I'm assuming you're from the US based on your post. Why do you need them to stamp your passport? What is the benefit? If you are crossing a land border between the USA and Canada, you do not get a stamp unless you are not granted the full 6 month visit.

To your original question - do not over stay in Canada. While you may not have heard of it causing issues, there is always a chance it can cause an issue.

 

[KBH]

If you are applying outland, you don't have legal status in Canada. You are a visitor each and every time you cross the border, up until you have PR status. Therefore, you shouldn't need proof of legal status in Canada for your application.

Visitor status IS legal status in Canada. If you put Canada as your residential address on the application, they specifically ask you to provide proof of your status in Canada, even if you are applying outland. Americans who are in Canada as a visitor will typically provide a visitor record or traveler history since they do not have a visa.

 

[bafonso]

Me either, I plan to just let them know that I'll be staying with my husband for a week or two (whenever we are able to get across the border in the coming weeks) to finalize and submit our application and then we will be leaving to the US and show them our plane ticket info. Would it be weird to ask them to stamp my passport? How would I ask them that without sounding rude?

Why would you need a stamp for? they know every time you entered USA and Canada.