Ways Visitors Can Extend Their Stay in Canada

Following recent policy changes, visitors in Canada can no longer apply for work permits to extend their stay. Hence, people are looking for other legal ways visitors can extend their stay in Canada. The visitor-to-work permit route was introduced in August 2020 to help visitors who were unable to leave the country due to COVID-19 pandemic–related travel restrictions. However, it was recently stopped due to concerns about exploitation.

Fortunately, there are several other ways to extend your stay as a visitor without applying for a work permit. Hence, allowing you to continue enjoying Canada legally. This guide explores these available options. So, you can consider which you are most eligible for.

How Long Can You Stay in Canada on a Visitor Visa?

Typically, when you enter Canada on a visitor visa (Temporary resident visa Canada), you are allowed to stay for up to six months from the date of your arrival. However, this duration is not guaranteed. The exact length of your stay is determined by the immigration officer at the port of entry.

If the officer does not specify a different date, you are automatically allowed to stay for six months from the date you entered Canada. On the other hand, an immigration officer may decide to allow you a shorter stay. This may depend on your travel plans, purpose of visit, or other factors. In such cases, the officer will stamp your passport with a date or issue a Visitor Record, indicating when you must leave.

Keep in mind that a visitor visa does not guarantee re-entry. Each time you leave and return to Canada, the border officer will reassess your eligibility. They can grant you a new stay period, up to another six months. However, they are not obligated to do so.

Extend Your Stay as a Visitor

One of the ways visitors can extend their stay in Canada is by extending their visitor status. If you are unable to complete what you came to Canada for within the validity period of your visitor visa or you intend to stay longer for some other reason but do not want to change your status, you can extend your stay as a visitor through any of the ways below:

1. Visitor Record Canada

A Visitor Record is a document that allows you to extend your stay in Canada as a visitor. It’s different from a visitor visa, which you can use to enter Canada. The Visitor Record is only used to maintain your status as a visitor after you’ve already entered the country.

It lets you remain in Canada legally beyond the expiry date of your original entry stamp or visa. Usually, you may get an additional six months or as specified by immigration authorities. A Visitor Record however is not a visa and does not grant you permission to re-enter Canada if you leave. It only extends your stay within Canada.

When to Apply

You should apply for a Visitor Record at least 30 days before your current status expires. Applying earlier gives you more time to handle any unforeseen delays or issues.

However, if your visitor status has already expired, you may need to apply for restoration of status along with your Visitor Record application. We will discuss the application for restoration of status shortly as one of the ways visitors can extend their stay in Canada.

Requirements for Applying for a Visitor Record

Valid Passport: Your passport must be valid for the entire duration of the requested extension.
Proof of Funds: You need to show that you have enough money to support yourself during your extended stay without working in Canada.
Reason for Extension: You must provide a valid reason for wanting to extend your stay. It could be needing more time to visit family, travel, or attend events. Immigration officers will assess your reasons to ensure they are genuine and align with your visitor status.
Proof of Ongoing Ties to Your Home Country: To reassure the authorities that you intend to leave Canada eventually, you might need to provide evidence of ties to your home country, such as a job, family, or property.

How to Apply

You can apply online through the IRCC (Immigration, Refugees, and Citizenship Canada) portal, which is the preferred method.
Complete the visa extension application form for a Visitor Record (IMM 5708), and provide all necessary documentation.
Pay the necessary application fee. As of now, the fee is CAD 100.
Depending on your nationality, you may need to provide biometric information as part of the application.

2. Visitor Visa Restoration

Visitor Visa Restoration is a process that allows you to regain your legal visitor status in Canada after it has expired. This option of visitor visa extension Canada is available if you have lost your status as a visitor but wish to remain in Canada. However, as with other ways visitors can extend their stay in Canada, you must apply for restoration within a specific timeframe and meet certain conditions.

Eligibility Criteria

You must apply for restoration within 90 days of your status expiring.
You must have been in Canada legally on a valid visitor visa before your status expired.
You must continue to meet the original requirements of your stay (e.g., sufficient funds, and valid travel documents).
You cannot work or study during the restoration process unless you have the appropriate permits.

Application Process

Most restoration applications are done online through the IRCC (Immigration, Refugees, and Citizenship Canada) portal.
Fill out the “Application to Change Conditions, Extend My Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder” (IMM 5708) form.
You must provide proof of the reasons for your restoration request, such as why you overstayed and how you plan to comply with visitor regulations going forward.
Restoration fees include the CAD 200 restoration fee and the CAD 100 extension fee, totalling CAD 300.

Note that unlike a regular extension or visitor record where you may have “implied status” (you can stay legally while your extension is processed), restoration does not provide this privilege. You are considered without status until your application is approved.

Extend Your Stay by Changing Your Status

If you wish to continue staying in Canada, but do not want to remain on a visitor visa, there are other change of status options you can explore.

1. Apply for a Study Permit

A study permit allows you to legally stay in Canada as a student and may also enable you to work part-time under certain conditions. It is one of the ways visitors can extend their stay in Canada if they wish to pursue educational opportunities.

To apply for a study permit from within, you must have a family member with legal status in Canada (e.g., work or study permit holder). Alternatively, you must be enrolled in a short-term program that you wish to extend into a longer course of study.

Eligibility Requirements

Acceptance Letter: You must have a letter of acceptance from a Designated Learning Institution (DLI) in Canada. DLIs are schools that the provincial or territorial governments approve to host international students.
Valid Status in Canada: You need to hold valid visitor status at the time of application. If your status is close to expiring, consider applying for an extension to avoid any gap in your legal status while your study permit is being processed.
Proof of Funds: Demonstrate that you have enough funds to cover your tuition fees, living expenses, and return transportation costs for yourself and any accompanying family members.
Strong Ties to Home Country: Show that you intend to leave Canada after your studies unless you qualify for other immigration pathways like a Post-Graduation Work Permit (PGWP).
No Criminal Record and Good Health: You may need to provide a police clearance certificate and undergo a medical exam.

How to Apply

Online Application: Apply online through the Immigration, Refugees, and Citizenship Canada (IRCC) portal. This is the preferred and faster method.
Submit Required Documents: Prepare documents such as your passport, the acceptance letter from the DLI, proof of financial support, and any other required forms (like a statement of purpose explaining why you want to study in Canada).
Biometrics and Medical Exam: Depending on your country of origin, you may need to provide biometrics (fingerprints and a photo) and undergo a medical examination.
Pay the Fees: The application fee for a study permit is CAD 150. You may also need to pay for biometrics (CAD 85).

2. Apply for a Family Sponsorship

This is one of the ways visitors can extend their stay in Canada if they have a relative with Canadian citizenship or permanent residence. Family Sponsorship allows Canadian citizens and permanent residents to sponsor certain relatives, including spouses, common-law partners, dependent children, parents, and grandparents, to become permanent residents.

Applying for family sponsorship while the sponsored person is in Canada is known as Inland Sponsorship. However, you must maintain your legal visitor status while the officials process your sponsorship application. If your visitor status is set to expire, you should apply for an extension of your visitor visa or Visitor Record to maintain your status.

Steps Involved in Family Sponsorship

Submit Sponsorship and Permanent Residence Applications: Both the sponsor and the person being sponsored must submit their applications together. The sponsor must demonstrate financial ability to support the sponsored person.
Provide Supporting Documents: This includes proof of relationship, proof of income (for sponsors), identity documents, and any other required information.
Pay the Fees: Sponsorship fees are usually around CAD 1,080, including the processing fee and the Right of Permanent Residence Fee.
Biometrics and Medical Exams: Sponsored persons may need to provide biometrics and undergo medical examinations.

3. Seek Asylum or Refugee Protection

You should only consider this option if you genuinely face severe risks and cannot safely return home. Applying for asylum allows you to remain in Canada while your claim is being assessed, potentially leading to permanent resident status if your claim is accepted. It is one of the ways visitors can extend their stay in Canada if they think returning home after a visit is unsafe.

Who can Apply for Asylum or Refugee Protection in Canada?

Convention Refugee: A person who has a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group (e.g., LGBTQ+ individuals or survivors of domestic violence).

Person in Need of Protection: A person who is in Canada and faces a risk of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if they return to their home country.

The Claim Process

Submit the Application: Fill out and submit the required forms, including a Basis of Claim (BOC) form, which explains why you fear returning to your home country.
Interview or Hearing: After you submit your claim, you may receive an invitation for an eligibility interview or hearing before the Refugee Protection Division of the IRB, where you will present evidence supporting your claim.
Temporary Stay: While processing your claim, you can stay in Canada and may receive a Refugee Protection Claimant Document, which allows you to access healthcare, work, and attend school in Canada.

Finally,

There are several ways visitors can extend their stay in Canada without obtaining a work permit. You can apply for a Visitor Record, pursue further studies, seek family sponsorship, or consider refugee protection. Each pathway has its own requirements and benefits. It’s essential to maintain your legal status and adhere to immigration rules to avoid complications that could affect your future in Canada.