Passport Not Stamped On First Visit To Canada .... How Long Can 2nd Visit Be ??

[girly.girl.77]

Hello There!

I am an american citizen and visited Canada at the end of last December and stayed for a little over 4 months ... upon entry .. I did not receive any stamp in my passport or anything from the boarder official saying when I had to leave canada but he did scan my passport. After my 4 month visit ... I returned home to the states. I plan on going back to Canada in September ... in other words, after spending 4 months in Canada, and another 4 months home in the states ... I hope to be able to enter canada again as a visitor. I have heard that americans are generally allowed 6 months of visitor time in Canada per year ... but also according to the cic website .. it appears that the 6 month visitor stay can be extended upon submitting an application.... my question is this ... when I do return to canada this september .. what will happen ? If my passport gets stamped this time does that mean that I will have another 6 months of visitor time or will I only be allowed to stay for 2 months since I already "used" 4 of the "automatic 6 months" this year ? Will the officer put something in my passport saying how long I can stay and if he doesn't, does that mean that I automatically get another 6 months? I would like to stay for longer than 2 more months this year in Canada ... so should I submit an application to extend the 6 months of visitor time ? Please help !!! I am very confused !!!

 

[scylla]

It's impossible to say what will happen. It's entirely up to the immigration official you speak to. You may be allowed in for another six months - or it's possible you may be granted a shorter visit if immigration things you are visiting too much. Being refused entry completely is always also a possibility - but a remote one.

You can't submit an application to extend your six month visit. This would only be possible if you were still in Canada and had never left.

 

[Jalex23]

I am an american citizen and visited Canada at the end of last December and stayed for a little over 4 months

By american you mean a person from the US, right? Hope so... I'll assume that for my answer...

If my passport gets stamped this time does that mean that I will have another 6 months of visitor time

yes

or will I only be allowed to stay for 2 months since I already "used" 4 of the "automatic 6 months" this year ?

Uh?

Where did you get this idea that it was 6 months per year?

Will the officer put something in my passport saying how long I can stay and if he doesn't, does that mean that I automatically get another 6 months?

If less than 6 months are given then a Temporary Residen tPermit will be given stating the max allowable stay.

I would like to stay for longer than 2 more months this year in Canada ... so should I submit an application to extend the 6 months of visitor time ?

Once in Canada you can apply to extend your stay.

 

[scylla]

If less than 6 months are given then a Temporary Residen tPermit will be given stating the max allowable stay.

No - that's not how it works. TRPs are only issued to people who are otherwise inadmissible to Canada. You're mixing apples with oranges.

Someone who is allowed in for less than six months is still allowed in as a regular tourist. No TRP involved.

 

[girly.girl.77]

Hey thanks so much guys !!! Really happy to hear that !!! And yes I am a US citizen And if I don't get any stamp again does that also mean that I get another 6 months ?? I'm not sure why I thought it was 6 months per year .. I was just under that impression from some stuff I read online .... like for example some americans in relationships with canadians will sometimes spend 6 months in canada as a visitor and then 6 months in the states as a visitor so they can be together .. so you are really sure that it is not only 6 months per year ??? That makes me so happy !!!

 

[rhcohen2014]

yes, if you don't get a stamp in your passport, you are allowed to stay for 6 mo. from that date. if you want to stay longer, you will need to apply for an extension.

whether it's 6 mo. per year or each entry is dependant on the interpretation of the law by the border agent you meet. there doesn't seem to be consistency as to what the "rule" is.

 

[girly.girl.77]

oooohh thank u so much u guys are such a great help !!!

 

[Jalex23]

whether it's 6 mo. per year or each entry is dependant on the interpretation of the law by the border agent you meet. there doesn't seem to be consistency as to what the "rule" is.

It is not actually the interpretation of the law. By law you can't be given more than 6 months, by law the officer will evaluate your case at POE. The law for this needs basically no interpretation.

The agent will then decide.... now "consistency" on that decision, depends on your definition of consistency, for me it is very consistent that officers grant 6 months for almost all people on their first visit and is consistent that further visits will be tougher to get the 6 months. But as it is a case to case thing depending on each officer, then you are right they are not very consistent....

I'm not sure why I thought it was 6 months per year .. I was just under that impression from some stuff I read online .... like for example some americans in relationships with canadians will sometimes spend 6 months in canada as a visitor and then 6 months in the states as a visitor so they can be together .. so you are really sure that it is not only 6 months per year ??? That makes me so happy !!!

That is their choice.

No, the rule for TRV is anytime up to 6 months per entry.

No - that's not how it works. TRPs are only issued to people who are otherwise inadmissible to Canada. You're mixing apples with oranges.

Someone who is allowed in for less than six months is still allowed in as a regular tourist. No TRP involved.

You are right. I got confused with Visitor Record:
http://www.cic.gc.ca/english/resources/tools/temp/visa/processing/record.asp

Thanks for pointing that out.

 

[rhcohen2014]

It is not actually the interpretation of the law. By law you can't be given more than 6 months, by law the officer will evaluate your case at POE. The law for this needs basically no interpretation.

The agent will then decide.... now "consistency" on that decision, depends on your definition of consistency, for me it is very consistent that officers grant 6 months for almost all people on their first visit and is consistent that further visits will be tougher to get the 6 months. But as it is a case to case thing depending on each officer, then you are right they are not very consistent....

That is their choice.

by consistency i mean some people are told by border agents it's 6 mo. per calendar year, and some have been told it's 6 mo. per visit. a border agent once told me it's 6 mo. per calendar year. that's what i mean it's based on the interpretation by the border agent. not all of them say the same thing, and use what they consider "right" to determine entry for visitors.

 

[Jalex23]

by consistency i mean some people are told by border agents it's 6 mo. per calendar year, and some have been told it's 6 mo. per visit. a border agent once told me it's 6 mo. per calendar year. that's what i mean it's based on the interpretation by the border agent. not all of them say the same thing, and use what they consider "right" to determine entry for visitors.

Really?

I have never heard of such a thing... wow...

Thanks for sharing.

 

[canuck_in_uk]

By law you can't be given more than 6 months, by law the officer will evaluate your case at POE. The law for this needs basically no interpretation.

Incorrect. A border officer can give a person entering Canada a visitor record allowing entry for longer than 6 months.

 

[rhcohen2014]

Really?

I have never heard of such a thing... wow...

Thanks for sharing.

yep... even though i've had 1 tell me it's 6 mo. per calendar year, when i entered another time i asked about it and the agent looked at me like i had 8 heads. welcome to the world of regular border crossings!

 

[rhcohen2014]

Incorrect. A border officer can give a person entering Canada a visitor record allowing entry for longer than 6 months.

and on that note they can give you a visitor record for LESS than 6 mo. if they are concerned with your intentions for being in canada. i've had a couple of those (though i've never asked for 6 mo.), one time having to "Check out" before i left.

 

[Jalex23]

Incorrect. A border officer can give a person entering Canada a visitor record allowing entry for longer than 6 months.

Sure? Never heard of that, also the CIC website is rather clear on that:

"If an officer believes that a foreign national's length of stay should be limited to a period of less than six months, a visitor record (IMM 1097) is issued as a means to exercise an element of control over the foreign national's length of stay."

Personally I have never heard/seen visitor records of more than 6 months. But if you have then that's another nice thing to know.

yep... even though i've had 1 tell me it's 6 mo. per calendar year, when i entered another time i asked about it and the agent looked at me like i had 8 heads. welcome to the world of regular border crossings!

Interesting, me and my friends have been entering Canada for more than 30 times a year (altogether) and none of us have ever heard such a thing, true it is we hold other statuses but well we do enter with TRVs.

 

[rhcohen2014]

Interesting, me and my friends have been entering Canada for more than 30 times a year (altogether) and none of us have ever heard such a thing, true it is we hold other statuses but well we do enter with TRVs.

have your 30 trips across canada a year amounted to more than 6 months as a visitor? if not, and you have the legal right to reside in canada (your TRV), then the subject probably wouldn't come up and it is a moot point, as this would not apply to you.

the difference here is that you and your friends have legal status in canada other than visitor, or if your friends are us citizens entering as visitors, my guess is they are not in a cross-border relationship or staying long term. when you are a us citizen dating a canadian, and entering canada as a visitor, wanting to stay long term multiple times a year, CBSA is a lot more skeptical of your intentions. it's certainly not the same as going back and forth between us and canada on weekend/daily trips when you are a canadian citizen, pr or hold a valid work/study permit. you have the legal authority to return to canada, as that is your place of residence, so they aren't going to question how long you intend to stay. there is a different level of acceptance to those who are suppose to be in canada as opposed to those just "visiting" canada.it's no surpise yours and your friends' experiences would be different than the OP and others dating a canadian. I would guess a majority of exclusion orders are given to people who are dating cross-border. Once a couple is married/commonlaw and has an application submitted for PR, the bar is lowered significantly, and crossing is not as much as a hassle.