Can I come back to Canada after overstaying?
Yes, It may be possible to return to Canada after overstaying, but re-entry is never guaranteed and will depend on the discretion of Canadian visa or border officers.
What Happens if You Overstay in Canada?
Upon entering Canada as a visitor, worker or in the case of a student, the passport is normally stamped with a time limit or the permit allows you to remain. You will be out of status if you stay beyond that date without renewing your status. Consequences include:
- You may face removal proceedings, but not everyone who overstays is immediately deported. Deportation usually occurs only if the Canada Border Services Agency (CBSA) issues a removal order.
- An immigration history of overstay.
- Challenges with acquiring a future visa, permit, or Electronic Travel Authorization (eTA).
- In extreme cases, you could face a removal order or a period of inadmissibility (exclusion) from Canada.
Options to Restore Your Status
In case you know that you have overstayed and remain in Canada, then you may apply to restore your Canada visa status within 90 days after it has expired. This involves paying additional fees and providing a convincing explanation for your overstay. However, restoration is not automatic and may be refused if IRCC finds your reasons insufficient.
When over 90 days have elapsed you can no longer regain status and may be asked to depart Canada.
Returning to Canada After Overstaying
If you have overstayed previously, leaving Canada does not automatically entitle you to re-entry. Immigration records will allow border officers to know your history. In order to revert, you usually need to:
- Apply to a new Temporary Resident Visa (TRV) or eTA, depending on your nationality.
- Give a concise reason as to why you overstayed in the past.
- Demonstrate strong attachment (job, family, property) to your home country as evidence of your respect of future visa terms.
- In other instances, get written permission to go back to Canada in case you had formally been given a removal order.
- The decision will depend on your immigration history and the discretion of Canadian visa officers
How to Avoid Problems in the Future
To improve your chances of returning:
- Make sure that you leave Canada on or before the date authorized on your entry stamp or permit.
- Extension: Apply early for an extension if you need more time to stay legally
- Provide a record indicating adherence to immigration regulations.
- Always be truthful in your visa or eTA applications—hiding an overstay can lead to rejection
Conclusion
It can be challenging to return to Canada after an overstay but this does not necessarily imply that you cannot travel in future. Most of the travelers can come back with the right applications, explanations and demonstrations of reliability. To apply again, it is prudent to seek the services of an immigration attorney in case your case is complicated, like the case of a removal order.
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