Leave Canada while visitor record is still in progress.

[stalker]

Hello All,

My parent are here in Canada right now. Their visa expired early this month because they couldn't travel because of COVID. However, we have applied for visitor visa extension (visitor record) a month before the expiry date. The visitor record is in progress right now. I found a good direct flight later this month and I booked it. But a friend told me that they cannot leave Canada while the visitor record (visa extension) is in progress. They will have to wait for the decision.

Is that true?

Regards,
Stalker.

 

[Buletruck]

No, it’s not true. They can leave anytime. Once they leave the extension becomes invalid.

 

[stalker]

Are they going to have issue when they come back to Canada next time if they do so?

 

[Usa2canada<3]

Are they going to have issue when they come back to Canada next time if they do so?

Basically if they leave canada during the extension process.. when coming back they will have to have a new visitor visa if they are not from a visa exempt country. If they are from an exempt country this would not be an issue due to them falling under the immediate family exemption that is in effect. However they will have to be able to show a proper plan to quarantine for 14 days. and up to the discretion of the border officer for entry. If the true purpose is for your parent to stay longer and not have to go back than leaving would not make sense.

 

[stalker]

I guess I made a mistake giving you information. So their visa is valid till 2023 but when they entered into Canada they were allowed to stay 6 months as per the stamp on the passport. That period is expired and the extension to get visitor record is in progress. Can they leave Canada? And what happens if they come back next year? Because my friend told me that they will be consider as deported.

 

[Usa2canada<3]

I guess I made a mistake giving you information. So their visa is valid till 2023 but when they entered into Canada they were allowed to stay 6 months as per the stamp on the passport. That period is expired and the extension to get visitor record is in progress. Can they leave Canada? And what happens if they come back next year? Because my friend told me that they will be consider as deported.

Honestly in my opinion unless there is a record from ircc saying there was a departure letter issued telling them to leave i wouldnt think them to be considered deported. If there visa is valid till 2023 it sounds like it is a multiple entry visa however you would have to look into that. while the applicaion for extension is pending they would be on implied status so choosing to leave now would just null and void the extension. as long as you do not cause an overstay vioalation i do not see anything negative happening. They will still have to satisfy the rquirments of the border at officer at the time of them wanting to enter. As long as there was an extension before expiry your not in a violation of an immigration law. So in short the visitor record would dissappear on departure of canada and play no role in how long the parent could stay the next time and it would be soley based on the border officer.

 

[PMM]

Hi

I guess I made a mistake giving you information. So their visa is valid till 2023 but when they entered into Canada they were allowed to stay 6 months as per the stamp on the passport. That period is expired and the extension to get visitor record is in progress. Can they leave Canada? And what happens if they come back next year? Because my friend told me that they will be consider as deported.

1. Hate to say it, but you friend is an idiot.
2. Once they submitted an extension, they had implied status until a decision was made. If they leave before the extension is decided, they won't have any problems.

 

[stalker]

Hi



1. Hate to say it, but you friend is an idiot.
2. Once they submitted an extension, they had implied status until a decision was made. If they leave before the extension is decided, they won't have any problems.

Yeah I was under that impression. But they said they will be consider deported when they come back last time since they did not wait for the decision from IRCC for their visitor record.

 

[PMM]

Hi

Yeah I was under that impression. But they said they will be consider deported when they come back last time since they did not wait for the decision from IRCC for their visitor record.

1. You can't get deported unless you are reported by CBSA/CIC and it is referred to IAD who would hold a hearing and then issue a removal order. This has not happened in your parents case.

 

[Bs65]

All that is likely to happen will be the extension decision will come through probably after they have left and then just expire. Then when they come back next year, hopefully by then the travel restrictions have been eased, they will probably be asked by CBSA when was their last visit and how long they plan to stay basically the usual questions.

No need to over think anything

 

[stalker]

Thanks guys!

 

[stalker]

If anyone read this in future it's for them too. You guys were absolutely right. Just for the satisfaction of my parents, I have inquired to IRCC as well. They said it is okay as it is implied status right now. No questions will be asked when they return next time as the border agent will know that they had applied for visitor record before they left.

Moreover, the agent ask me to keep the visitor record once received and send a copy of it to my parents. So in case (its not going to happen) but in case if they ask they have a proof too. Thanks all !

 

[canuck78]

If anyone read this in future it's for them too. You guys were absolutely right. Just for the satisfaction of my parents, I have inquired to IRCC as well. They said it is okay as it is implied status right now. No questions will be asked when they return next time as the border agent will know that they had applied for visitor record before they left.

Moreover, the agent ask me to keep the visitor record once received and send a copy of it to my parents. So in case (its not going to happen) but in case if they ask they have a proof too. Thanks all !

Would contact IRCC once your parents return home so processing stops on the extension.

 

[stalker]

Would contact IRCC once your parents return home so processing stops on the extension.

The agent told me to notify them but still get the visitor record

 

[gscanada1234]

@stalker , my parent also left Canada , before vistor record approval came. So now they have asked for medical exam . My mom is in USA , we did medical there . Would it be allowed if she visits canada next year on her valid TRV . Her TRV is valid till 2026. And vistor record she got approved for 12 dec 2021.
ALthough she already left canada in september.