What You Need To Know About “Overstaying Your Visa” In Canada

You left Canada after the expiry date on your study permit, work permit or visitor visa, and now you want to come back. Leaving after your expiry date can present you challenges. This article offers guidance in understanding the potential consequences and what you can do to remedy the situation, from the perspective of an immigration lawyer.

It is possible that the officer assessing the application for temporary resident visa to refuse the application because the applicant fails to satisfy that he or she would leave Canada at the end of the authorized stay. Generally, the immigration officer looks at the factors including but not limited to: length of proposed stay in Canada; purpose of visit; and history of contravening the conditions of admission on a previous stay in Canada. Overstaying is definitely considered a red flag in an applicant’s history.

Misrepresentation

The most foolish move one can do is the misrepresentation of facts in their immigration application Examples of misrepresentation include: Providing false information about one’s identity, background, education, employment history, or criminal record. Falsifying documents such as educational certificates, employment letters, bank statements, or marriage certificates. Concealing previous immigration violations, such as overstaying a visa or being denied entry into a country.

Providing fraudulent information or documents to support the application, such as fake job offers or financial statements.

Misrepresentation is one of the grounds for inadmissibility and damages the credibility in the eyes of immigration authorities. Once the applicant is deemed inadmissible, he or she may be denied a visa, or an Electronic Travel Authorization (eTA), refused entry to, or removed from Canada. Thus, honesty is the best policy.

You Might Be Declared Inadmissible If……

Some common grounds for inadmissibility includes;

• If a temporary resident fails to comply with the conditions of their stay – for instance, they stay in Canada longer than the permitted time.
• A person who has been deported is not allowed to re-enter Canada. In case they attempt to enter Canada, an Authorization to return to Canada (ARC) is required.
• A person who opted for permanent residency but he or she has failed to live in Canada for the required amount of time.

How Will You Remedy The Situation?

Letter Of Explanation

However, you can remedy the situation by providing a letter of explanation for the overstay and demonstrate to the officer that you will leave the country by the end of the authorized stay. Assessment officer looks at the situation and assess whether it will likely to arise again.

In a case, an applicant stated that in the future, he would not have to breach the conditions of a Temporary Resident Visa (TRV) because he is now aware, as he was not in the past, that there are legal ways of dealing with the kinds of problems that caused him to overstay in the past. The statement which demonstrated the difference between the past and the future is usually given considerable weight by the reviewing court.

Judicial Review

If the application for a TRV is rejected, the resort is to apply for a judicial review. Seeking a judicial review can provide recourse if you strongly believe your application was unfairly rejected. In Adhari v. Canada (Minister of Citizenship and Immigration), [2017] F.C.J No. 919, the Federal Court of Canada has demonstrated that a decision regarding the issuance of a TRV is reviewable on a standard of reasonableness.

The analysis will be concerned with the existence of justification, transparency and intelligibility within the decision-making process and whether the decision falls within a range of possible, acceptable outcomes which are defendable with reference to the facts and law. Moreover, the judicial review can also be brought on the basis of procedural fairness.

Get In Touch With Us

If you are struggling with any immigration issues, get in touch with the Immigration lawyers at Ayaz Mehdi Professional Corporation to help you decide best course of action relevant to your case.

Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!