Overstaying in Canada on a tourist visa will have its repercussions

Overstaying in Canada on a tourist visa will have its repercussionsIt is not advisable at all to overstay in a country, without seeking the respective government’s permission. Be it US or Canada, the same would have its due repercussions, subject to the country’s immigration laws.

Overstaying in Canada may seem Easy, but it is not so-

It might seem to be easy to overstay in Canada with a tourist visa. You may even go underground for sometime because Canada, unlike US, does not impose bans on overstayed visas. However, do remember these:

• If one of the immigration officers catches you, you may be deported immediately and will not be allowed to get any more visas in the future.
• The above-mentioned, however, may not affect any of your family member’s eligibility to get a visa to Canada.
• In case you are in Canada and you can figure out that the stay needs to be extended. Do speak to immigration officials and place an earnest request to extend your stay. Do not forget to state the reasons why you are overstaying.
• Getting another visa while in the country is easier than getting an initial visa with the same request as you are already inside the country.
• In case, you have someone to collaborate your stay in Canada- a partner, a spouse or a relative, it is advisable to get a residential visa in advance before the initial visa expires.

Rules for Overstaying Visa are more stringent in US

The rules are more stringent and rigid in the United States since the government does not tolerate any such mistake, unless it is for just a few days since your last date expires. Having said that, you may overstay in USA for 180 days, but then the immigration officer at your next visit to the country has the liberty to hold your entry under the purview of your last travel history.

If you overstay beyond 180 days, or for a year or more than that, you will be banned from entering the country even if you have a valid visa. Here is a list of penalties that you may have to face, depending on the number of days you have overstayed:

• If you have overstayed for more than 180 days but less than a year, you will be barred from entering the US for three years.
• If you overstay by one year or more, you will be debarred from re-entering the US for 10 years.
• If you overstayed for less than 180 days, your re-entry to the country is subject to further evaluation.

Exceptions for overstaying Visa in US and in Canada:

Minors, persons with pending good faith asylum applications, and certain battered spouses and children

• Non-citizens who have an application for change, extension, or adjustment of status for their visa pending at the time of their former visa’s expiration. Apart from this, those who have not worked illegally after their visa expired are not considered to be unlawfully present for the purposes of the three- and 10-year bars to admission
• Visitors to the U.S. on a student visa, whose I-94 is marked “D/S” (duration of status) for the dates of admission typically are not subject to the three- and 10-year bars to admission as long as there has been no formal determination that terms of the visa have been violated. It is important to keep in mind that overstaying a student visa can make it more difficult to get a visa in the future, however.

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Pallavi Sen Gupta

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