Temporary visitors that want to remain in Canada for longer periods than what they were authorized to stay at the moment of entry, must request to extend their stay following the proper process established by Citizenship and Immigration Canada (CIC).
It is important to differentiate that a visa can be valid for longer time that the time authorized to remain in the country. For example, a single entry visa was issued for a duration of 1 year, but at the moment of entering Canada the visitor was given only 3 months of authorized stay, therefore, the visitor must depart Canada within 3 months from the moment of entry, not until the expiry date of the visa.
If for example you are a temporary foreign worker that has a temporary resident visa and a work permit, and you plan to continue working for the same employer for more time that the duration of your visa and work permit, you may apply for their extension.
In the case of multiple entry visas like the super-visa that can be issued for up to 10 years, authorities will also determine at the port of entry the authorized length of stay that must be followed. (in the case of the super-visa this stay can be for periods of 2 years) if want to stay longer than the time given you may request for an extension.
The duration of the stay in Canada of a visitor is determined by a border service officer at the port of entry. The officer may stamp your passport and write a date that indicates the last day when you can stay in the country, if there is no date under the stamp the duration of the stay is 6 months, alternatively you may be given a visitor record that indicates than you must leave Canada under “Valid until”.
It is important to check your passport for the stamps and be aware of the dates that concern your stay in Canada
It can be possible to request an extension to the authorized stay,
If you are a temporary foreign worker that has a temporary resident visa and a work permit, and you plan to continue working for the same employer for more time that the duration of your visa and work permit, you may apply for their extension.
A work permit can be open or be job-specific. If you have a job-specific work permit and are changing employers, you would need a new work permit changing the conditions of your work permit to identify that you are now working for a new employer, you employer might need to obtain a Labour Market Opinion (LMO) to be authorized to hire you.
If you submitted an application to extend or change your status on time and have not received a response from CIC in regards to your request to extend your stay, you have what is called “implied status” and even tough your visa might be expired you will still be consider “in status” and be a legal temporary resident of Canada until you get a response.
CHANGE OF STATUS
Students of Post-secondary programs that want to transfer programs or institutions can do it without needing to request change on the conditions of the study permit.
It can also be possible to request a change of status. For example if you are a student that is graduating and want to stay in Canada longer, you can request a change of status to get a work permit instead of the study permit that you had.
If you have a visitor’s visa and are interested in working or studying in Canada, you are required to make an application outside of Canada,
If you have stayed in Canada longer that the time authorized for your stay as a visitor, student or worker, you will be in Canada without status and you will be in violation of the law, you should take prompt action to resolve your situation, as staying in Canada without status might make you subject to a removal or deportation order, and this could seriously compromise any possible authorization to enter Canada in the future.
You might still be allowed to stay in Canada if you act promptly and carefully.
If you have overstayed you will not be eligible for an extension of your temporary residency status, you are now required to apply for a “restoration of status” if you want to continue staying in Canada. This application has to be done within 90 days of the expiration of your initial permit, you will need to provide an explanation of the reason that you overstayed, and you should be aware that not all requests for status restoration are approved.
Take into consideration that while processing an application for restoration of status, you may not study or work in Canada.
At Maple Tree Immigration we can help you prepare strong applications for extensions, change or restoration of status based on your individual circumstances. Please contact us to let us help you at firstname.lastname@example.org