Over stayed supervisa holder

[Amalia30]

Hi! I need you input or help pls. My mom cam e here in 2012 and renewed or extended her stay until the last one in july 31 2018. We applied for the extension on this status but was refused to be extended longer. Theproblem was, she was ready to go home if not approve. I did not read or opened the email from oct. 18 2018 about the refusal of her extension until this friday dec 14th, which means she has been out of status and with the 90 days allowed after her status expired, she already overstayed. What should i do? I am going to call CIC tomorrow, monday but as of now i'm at lost what to plan, should she go home rigth away? My whole family was devastated that she ha e to be gone home before the holiday and the fact that she would spend alone on the holidays back home, it made us so sad for tjis possibility. Didany of you experience this, can she still stay until after holidays? Thanks for the info if you have any advice for me.

Amie

 

[scylla]

Hi! I need you input or help pls. My mom cam e here in 2012 and renewed or extended her stay until the last one in july 31 2018. We applied for the extension on this status but was refused to be extended longer. Theproblem was, she was ready to go home if not approve. I did not read or opened the email from oct. 18 2018 about the refusal of her extension until this friday dec 14th, which means she has been out of status and with the 90 days allowed after her status expired, she already overstayed. What should i do? I am going to call CIC tomorrow, monday but as of now i'm at lost what to plan, should she go home rigth away? My whole family was devastated that she ha e to be gone home before the holiday and the fact that she would spend alone on the holidays back home, it made us so sad for tjis possibility. Didany of you experience this, can she still stay until after holidays? Thanks for the info if you have any advice for me.

Amie

She should go home as soon as she can. The longer she remains in Canada the more difficult it may be to return in the future. Given she has been in Canada since 2012, she should remain outside of Canada for a full year before attempting to return.

 

[canuck_in_uk]

Hi! I need you input or help pls. My mom cam e here in 2012 and renewed or extended her stay until the last one in july 31 2018. We applied for the extension on this status but was refused to be extended longer. Theproblem was, she was ready to go home if not approve. I did not read or opened the email from oct. 18 2018 about the refusal of her extension until this friday dec 14th, which means she has been out of status and with the 90 days allowed after her status expired, she already overstayed. What should i do? I am going to call CIC tomorrow, monday but as of now i'm at lost what to plan, should she go home rigth away? My whole family was devastated that she ha e to be gone home before the holiday and the fact that she would spend alone on the holidays back home, it made us so sad for tjis possibility. Didany of you experience this, can she still stay until after holidays? Thanks for the info if you have any advice for me.

Amie

Agree with above. She has been living in Canada as a visitor well beyond what was intended with a supervisa. The longer she overstays, the less likely she will be allowed back in.

 

[Amalia30]

She had status until july 2018 and was allowed to stayed 90 days beyond that, she only overstayed for 45 days, will that be a big issue when she try to return here?

 

[canuck_in_uk]

She had status until july 2018 and was allowed to stayed 90 days beyond that, she only overstayed for 45 days, will that be a big issue when she try to return here?

You have seriously misunderstood the 90 days. No one is allowed to stay 90 days after expiry. IRCC gives that as a grace period for people to apply for Restoration but the person is still in Canada illegally as soon as their status expires. It is only if Restoration is approved that a person's status is basically retroactively legalized.

When did she actually apply for the last extension? Did the refusal letter state when she lost status?

 

[Amalia30]

You have seriously misunderstood the 90 days. No one is allowed to stay 90 days after expiry. IRCC gives that as a grace period for people to apply for Restoration but the person is still in Canada illegally as soon as their status expires. It is only if Restoration is approved that a person's status is basically retroactively legalized.

When did she actually apply for the last extension? Did the refusal letter state when she lost status?

 

[scylla]

She had status until july 2018 and was allowed to stayed 90 days beyond that, she only overstayed for 45 days, will that be a big issue when she try to return here?

You're misunderstanding the rules. You're not allowed to stay 90 days beyond the validity of your visa. The 90 days is the period of time you can apply for restoration.

Again, given how long she has been in Canada, she should leave very soon and then remain outside of Canada for at least a year before attempting to return.

 

[Amalia30]

Her extension was on the process during that time. Immigration said after july 31 2018, there is a 90 days grace period while waiting for the result. They sent me refusal on oct 18 but i only opened the letter on friday, so 90 days after july 31 is on oct 30, rigth? Which means she should have gone by then but like i said, i did not see the email. Do you think she can

 

[canuck78]

Think your mother should consider yourself extremely lucky to have received so many extensions and been able to stay 6 years. That is really rare. Wouldn't push your luck now and book a ticket asap.