Are there clear ban duration ? Based on offense?

[jerj3r]

Hi there,

My GF has overstayed her Visitors Visa whom is from Hong Kong, her last day to leave the country as per her visitor's visa stamp was, Dec 4th 2012.

She has re-booked her flight for Jan 21st 2013. If she gets caught in any form or way, how long would the ban be?

And is there a black and white guideline of ban duration based on over staying visitor's visa?

I.e.)
over stay 3 months = X yrs banned
over stay 6 months = X yrs banned
over stay 1 year = X yrs banned
etc....

Can anyone clarify please?

Thank you kindly.

 

[user828]

Read here

http://www.cic.gc.ca/english/information/applications/guides/5551ETOC.asp

If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:

You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

==============


Ban can be upto 2 years, if they find out

 

[scylla]

Hi there,

My GF has overstayed her Visitors Visa whom is from Hong Kong, her last day to leave the country as per her visitor's visa stamp was, Dec 4th 2012.

She has re-booked her flight for Jan 21st 2013. If she gets caught in any form or way, how long would the ban be?

And is there a black and white guideline of ban duration based on over staying visitor's visa?

I.e.)
over stay 3 months = X yrs banned
over stay 6 months = X yrs banned
over stay 1 year = X yrs banned
etc....

Can anyone clarify please?

Thank you kindly.

Canada does not issued automatic bans for overstays like the US does. However staying longer than her visa allows could complicate future entries into Canada.