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Urgent clarification Visitor Visa!!

Discussion in 'Visitors' started by Bbash, Aug 4, 2018.

  1. My question goes to experienced members in the forum for proper guide.Am applying for a Visiting visa to Canada however am a bit confused how to respond to a question that asked if I previously overstayed in Canada before.
    I previously stayed in Canada for study and extended my status a few time as a visitor.My last extension request was refused and the letter states " You must leave Canada on or before the expiry of your current document or if your current document is already expired you must leave Canada immediately. Failure to so could result in enforcement action being taken against you". No option of restoration before 90 days stated . I left 5 days after I got this decision. My question is did I overstay? I applied for extension before the expiring date on my visitor's document and decision came 3 months after. Am confused the 5 days I spent after decision was made if am still in status .
    Your response will be greatly helpful.
  2. The number of days you remained in Canada after you lost your status = Overstay

    Your overstay began on the date your application for restoration of status was refused
    Buletruck and Naname like this.
  3. #3 Bbash, Aug 4, 2018 at 4:33 PM
    Last edited: Aug 4, 2018
    Thanks Bryanna for your response. Am still not fully clear yet - In my case it is application for extension of status not restoration status.
  4. The answer remains the same (even if you didn't apply for restoration of status).

    You applied to extend your visitor status. You were on implied status until a decision was given. You were refused + not given an option to restore your status.

    The number of days you stayed after your application to extend your visitor status was refused = Your overstay
    Manpreet_2233 and Buletruck like this.
  5. Cool got it , thanks
  6. Hi Bryanna,
    One more question is this 6days overstay likely to have negative effect on TRV application ? Given that it was not intentional as decision was made and I left immediately and it was not possible to leave the very day or predict when decision would be made and leave before it comes out.
  7. What will decide your new TRV is not your six days overstay..... but how long you stayed in Canada on your last visit i.e. from your initial entry to the time you left, including the time spent as extended stays.

    If you left recently (less than 6 months ago), you would want to spend an almost equal amount of time outside Canada to re-establish ties to your home country as the time you had spent in Canada, before you reapply
    Bbash likes this.
  8. Hi I got the same refusal letter and they didn’t gave me the option to make a restoration, but I still having the 90 days that I have after my visa expired, those 90 days finish in January, I can apply now for a restoration?
  9. Have you been asked to leave?
  10. Are you certain that IRCC received your extension application before your status in Canada expired?
    Bryanna likes this.
  11. It would be best to leave as soon as you can. Ideally within 30 days
  12. Ok, so leave and try to get in again would be the pest option that’s right?
  13. It might not be easy as you may think.

    What were the reasons for applying for an extension?
    When did you arrive?

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