Will a person be deported from Canada if he overstayed?

No, overstaying does not automatically mean you will be deported from Canada. Immigration authorities will consider several factors because immigration authorities will consider several factors such as how long the breaching of this permit has been done for and the status or category of the individual who overstays and when it was detected by the authorities. Overstay is considered “non-compliance” under section A41 of the Immigration and Refugee Protection Act (IRPA) and can lead to a removal order.

Here’s what you need to know:

What Does “Overstay” Mean?

Overstaying means that a person stayed in Canada after their visa, permit, or authorized period of entry expired. For example:

Visitors who stay beyond their visitor record
A student who remains in Canada after their study permit has expired without applying for an extension

A worker who remains in Canada after their work permit has expired.

Consequences of Overstaying in Canada

1. Loss of Legal Status

Once your authorized stay ends, then you lose your status and you are no longer legally authorized to remain in Canada. Because of this, immigration authorities believe you are “out of status”.

2. Inadmissibility and Deportation Orders

In case the Canada Border Services Agency (CBSA) detects that you have overstayed, they may issue a removal (deportation) order. This could happen during:

A CBSA enforcement action, an application review, or other immigration checks
A failed refugee claim.
An application for restoration or a new permit that reveals the overstay.

A removal order means:

Departure Order: You must leave Canada within 30 days and confirm your departure directly with CBSA at the port of exit. If you fail to do so, the Departure Order automatically becomes a Deportation Order
Deportation Order: ou are permanently barred from returning to Canada unless you obtain written permission to re-enter (Authorization to Return to Canada – ARC). In most cases, you must also repay any costs of your removal.
Exclusion Order: Normally, the re-entry ban lasts 1 year. If you were issued the order due to misrepresentation, the ban lasts 5 years. To return earlier, you must apply for an ARC.

Can You Fix Your Status?

Yes, in some cases you may apply for:

Restoration of status (within 90 days of expiry).
Temporary resident permit (TRP) in special cases.
Humanitarian and compassionate (H&C) grounds application if you have strong ties to Canada.

Important: If you are out of status, you cannot work or study, and may be detained by immigration authorities at any time

Maintained Status: If you apply for an extension or renewal before the current license expires, you can maintain the legal status in Canada under the same conditions while waiting for a decision. However, starting May 28, 2025, IRCC updated its instructions on maintained status. If you submit multiple extension applications and the first one is refused, your status may end even if a second application is still pending

Can You Be Deported Immediately?

Not always. Deportation itself is a legal process involving investigation and documentation. In most cases, the CBSA must:

Serve a removal order.
Allow time for appeals (if eligible).
Coordinate travel documents.

If you have overstayed in Canada, consult a lawyer right away. This is something you can speak with a licensed immigration consultant or immigration lawyer about for assessing your circumstance in the best way possible. Being proactive and seeking legal advice early can help prevent the situation from becoming more serious.

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