Visitor visa duration- kayalami need your advice

[adikeni]

Hi kayalami,

I entered Canada on a visitor visa(multiple entry) from the USA in the month of May. My status in the US is F1. I was here for the summer(till the last week of august) and then went back to US but this time I went there to apply for temporary discontinuance of study which was approved at my school and so I returned to Canada. At the port of entry the officer asked me how long I intended to stay in Canada and I told him that I had temporarily discontinued study in US and that I might stay in Canada for a month and then leave for India(this was my original plan). The officer returned my passport WITHOUT stamping on it and let me through. Now my circumstances have changed and I need to stay in Canada till this december end because that is when I'll be allowed to enter US. I am aware that a person on TRV can stay for 6 months unless mentioned otherwise(expiry stamped). My issue is that if I were to count six months from the time I entered Canada in August then I can stay here till december but as my passport was not stamped I'm not sure if I can do so. My first entry into Canada was in May and if I count six months from then I'd be able to stay here till november only which means that I'd have to apply for extension of stay. Can anyone tell me if I really need to apply for extension of stay or does the 6 moth time start from the time one sets foot in Canada last? I'm worried because I wish to apply for immigration and I dont want to overstay under any circumstance. I appreciate if you've read till here...good luck to all and thanks.

Adi

[jes2jes]

I am not Kayalami but I will chip in something.

Can anyone tell me if I really need to apply for extension of stay or does the 6 moth time start from the time one sets foot in Canada last? I'm worried because I wish to apply for immigration and I dont want to overstay under any circumstance

Your 6 months always start from the day of entry and not base on previous entries. Remember that, this would have been otherwise if you were given a limit to stay CND at the time of entry. But since you were not given any limit to stay, assume 6 months from the date of entry. Note that, you cannot stay beyond 6 months. If you had to stay above 6 months then you would have to apply for extension in Canada.

What is length of your current multiple entry visa?

I 'm worried because I wish to apply for immigration and I dont want to overstay under any circumstance

Note that, you cannot apply through Bufullo because of your current status in CND and neither can you apply based on your US previous residency since that has been temporary discontinued (Someone would elaborate more).

Have a nice holiday.

[adikeni]

Hi Jes2jes,

Thank you so much for the reply.

"What is length of your current multiple entry visa?"

My visa is valid for a year(expiry in july 2007).

"Note that, you cannot apply through Bufullo because of your current status in CND and neither can you apply based on your US previous residency since that has been temporary discontinued (Someone would elaborate more). "

That is very valuable information for me because I was going to apply before I went back to US just to save some time..thanks again. I guess this would not be an issue if I apply once I return to US, resume my Masters and appl... or would it?

Aditya

You have a great day

[jes2jes]

Aditya,

That is very valuable information for me because I was going to apply before I went back to US just to save some time..thanks again. I guess this would not be an issue if I apply once I return to US, resume my Masters and appl... or would it?

You can make your PR application if you have legal status in your country of current residence (Note that, visitor visas not included). You can get away by applying but on your application, they ask your current residency status. I know of someone who's application has been returned twice in the US although they have lived there for over 9 years but their current status is in 'limbo' and CIC would not proceed until it is sorted out.

When you reinstate your status to F1, then go ahead and apply.

Thanks

[adikeni]

Thanks Jes2jes, I really appreciate that. I'll apply after I return to US.

Someone(from another forum) gave me this link and it says the same as you did. The link is

http://www.cic.gc.ca/english/pdf/kits/guides/5551E.PDF

someone might find that useful.


Aditya


Have a good day