Can I Stay in Canada After My Visa Expires?

By Michael Niren February 13, 2015 (Updated March 31, 2021) 3 min. read

*Coronavirus/COVID-19: Is your Canada temporary visa expiring during the Coronavius pandemic? Let an immigration lawyer help you extend your Canada visa so that you may stay in Canada longer.

Due to the Coronavirus pandemic, Canada closed its borders to any non-citizens or non-permanent residents. It can be extremely hard to re-enter Canada if your visa is expiring.*

At VisaPlace, we are often asked this question: What happens if I have a visa overstay in Canada? Does my visa expire? I’m still in the country? What do I have to do? Do I have to leave?

Well, it’s a very common question, and unfortunately, it’s a very common occurrence. For many reasons a person’s status, either visitor or work-study, expires and in Canada that could cause some serious problems as well as the United States.

What If My Canada Visa Expired?

Let me speak to the Canadian situation. If your status expires, for example, if you’re on a study permit or even a visitor’s status and you realize that, “Uh-oh, I’m out of status. Do I have to leave?” Well, not necessarily. You can apply for an extension or a reinstatement of your status depending upon the date of your document.

Study Permit Expired Visa

If my student visa expired what should I do? For example, if your study visa expired let’s say a month ago, you just didn’t realize it, there’s a mechanism where you can apply for a reinstatement of your status so long as it’s within 90 days. If it’s beyond 90 days, that is a real problem because you may not be able to get a reinstatement and you may have to apply for a new visa and that could require you to leave the country.

Work Permit Expiry Date

Your work visa will have an expiration date listed on the visa. You may be subject to an admissibility hearing that could lead to removal from Canada. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offense (loss of status) or you must leave Canada.

Expired Visitor Visa

Each visitor visa does have an expiration date of how long your visit can last. If you obtained a multi-entry visa then it may allow you to enter Canada several times over a 10 year period. If you want to extend your stay in Canada as a visitor (stay in Canada longer), you need to apply for a visitor record. A visitor record is not a visa. A visitor record will have a new expiry date. You must apply for a Canada visitor visa renewal before expiry.

Now again, it depends on the circumstances. Every case is different. You definitely should speak to a lawyer if you are in that situation.

Reinstatement of Your Canada Visa Status

Can I Stay in Canada After My Visa Expires?

The reinstatement could be approved or it could not be approved. You have to pay a special fee, by the way. If it is approved, you can proceed with remaining in Canada. If it’s not approved, typically you’re out of luck, and you’re going to have to leave the country and potentially reapply for reentry from overseas or outside the borders. It’s very important. The first thing you should always keep in mind is to know when your status document expires. Put it in your calendar; make sure you’re notified. There’s a lot of ways to do that online these days. Don’t rely on the government to tell you. That’s not their job and they’re not going to say, “Hey, Mr. Smith, your study permit is about to expire. You’d better apply for a new one.” That’s your responsibility. There are options.

Is Your Canadian Visa Expired or Did You Overstay Your Canada Visa?

If so, Contact VisaPlace today. All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for Niren and Associates an award-winning immigration firm that adheres to the highest standards of client service.

Ready for the next step? Book your 1 on 1 consultation now or call us at 1-877-296-0874.

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Wasi Mesbahuddin

Second time working with Visaplace, and was successful again with a visa application for parents (2 out of 2). Worked with Felicita and Mansi, strong guidance, very detailed approach to putting together a very thorough and comprehensive application. Good feedback and support throughout the full process. Highly recommend Visaplace!

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Maria Accounting

We are incredibly grateful to Attorney Felicita and her outstanding team for their exceptional legal support. Thanks to their expertise, professionalism, and efficiency, we were able to secure two work visas and a visitor visa for our family members — all within a remarkably short period of time.

Attorney Felicita’s leadership, attention to detail, and deep knowledge of immigration law made the entire process smooth and stress-free. The team was responsive, thorough, and truly committed to achieving the best outcome for us.

We highly recommend Attorney Felicita and her team to anyone in need of skilled and reliable legal representation. Their dedication and results speak for themselves.

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I am so very thankful to the VISAPACE team for making it all come true and possible from my Open Work Permit to my Permanent Residence, you make it all happen .Thank you very much from the bottom of my heart , Thank you for being part of my achievements. Now I am now a Permanent Residence through the effort, power and knowledge of VISAPLACE LEGAL TEAM.
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