Immigration Corner | Visitor visa expiring while in Canada — what should I do?

Dear Miss Powell,

My brother was recently in a motor vehicle accident in Canada. My mother travelled to assist with his care, but her Canadian visitor’s visa expires at the end of January. They did not stamp her passport when she arrived. Does she have to leave before her visa expires? I do not want her to do anything that could cause problems later.

GN

Dear GN,

I’m very sorry to hear about your brother’s accident. and wish him a smooth and complete recovery. Your mother’s concern is a common one, and the answer becomes clear once we distinguish between a visitor visa and visitor status inside Canada.

VALIDITY OF VISITOR VISA

A visitor visa is a temporary resident visa evidenced by the counterfoil in the passport, which allows you to enter Canada. Its expiry date determines only the last day you may travel to Canada. It does not decide how long you may stay once you have already entered the country.

Under Canadian immigration rules, if the border officer does not stamp the passport upon entry, the visitor is automatically allowed to remain for six months from the date of entry, unless a specific date is written in the passport or a visitor record is issued. This rule is clearly outlined on the government’s website.

This means that, although your mother’s visa expires in January, she legally entered Canada before the expiry date and is permitted to remain for six months from the date of entry. The expiry of the visa while she is in Canada does not affect her lawful stay.

EXTENSION OF STAY

If she wishes to remain beyond the six months granted, especially given your brother’s medical situation, she should apply for an extension of her visitor status before the six-month period expires. Once she submits the application, she will have what is called “maintained status”, allowing her to remain in Canada lawfully until a decision is made.

Staying within her authorised period will not negatively affect her future plans to apply for any other visa. Overstaying, however, can create difficulties, so she should keep careful track of her timelines.

If you require assistance with the extension process or need further advice, you should contact a licensed Canadian lawyer.

Deidre S. Powell is a lawyer, mediator, and author of Tell Me a Story Grandma. Contact her via Facebook, Whatsapp at 613.695.8777 or at www.deidrepowell.com.