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Old Jan 5th 2006, 12:29 pm
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Default TRV help

Can anyone tell me how long I have to wait before I can return to Canada once my Temporary Residence Visa has expired ? I have been here in Canada for 18 months on a TRV, it has expired and I have to return to the UK within 90 days, but want to return to care for my disabled mother, plus I am engaged to a Canadian citizen.
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Old Jan 5th 2006, 1:26 pm
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Default Re: TRV help

Originally Posted by northerngirlie
Can anyone tell me how long I have to wait before I can return to Canada once my Temporary Residence Visa has expired ? I have been here in Canada for 18 months on a TRV, it has expired and I have to return to the UK within 90 days, but want to return to care for my disabled mother, plus I am engaged to a Canadian citizen.
I'm no expert on this topic. I'm only going by what the Citizenship and Immigration Canada (CIC) web site says.

If you want to stay on in Canada past the expiry date of your TRV, you apparently are supposed to apply for an extension of your TRV at least 30 days before the expiry date.

Since you have not done that, the following seemingly applies to you:

If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. 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 offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.
[I have emphasized the bits that seem most pertinent to your situation.]

You can read the full details on these pages of CIC's web site. There is more than one page. Click the "next" button to read more.

If you marry a Canadian citizen in future, that probably will help you to get into Canada. There are several members of this forum who have entered Canada via that route. However, I would guess that it would not be in your interests to mention your Canadian fiance to CIC at this stage, as it might raise doubts in their minds about your intentions to leave Canada. An intention to leave Canada appears to be a requisite for obtaining an extension of a TRV.

Best of luck.

Edited to add this. If I understand the CIC web site correctly, you first have to apply for a Restoration of Status [as a vistor to Canada]. If that application is successful, you then are in a position to submit an application for an extension of your TRV. Please let me emphasize again that that is my interpretation of what CIC's web site is saying.

Last edited by Judy in Calgary; Jan 5th 2006 at 1:31 pm.
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Old Jan 5th 2006, 1:47 pm
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Default Re: TRV help

Hi Judy,
thanks for your quick response, my trv was declined as I didnt provide enough proof that i intended to return to the uk, but after speaking with an officer, they have sent me forms to reapply, providing a return ticket to prove to them that i intend to leave....My plans are to return to Canada, but I am not sure how long I should stay away for. Is there a time limit before I can re-enter Canada ?

Originally Posted by Judy in Calgary
I'm no expert on this topic. I'm only going by what the Citizenship and Immigration Canada (CIC) web site says.

If you want to stay on in Canada past the expiry date of your TRV, you apparently are supposed to apply for an extension of your TRV at least 30 days before the expiry date.

Since you have not done that, the following seemingly applies to you:

If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. 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 offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.
[I have emphasized the bits that seem most pertinent to your situation.]

You can read the full details on these pages of CIC's web site. There is more than one page. Click the "next" button to read more.

If you marry a Canadian citizen in future, that probably will help you to get into Canada. There are several members of this forum who have entered Canada via that route. However, I would guess that it would not be in your interests to mention your Canadian fiance to CIC at this stage, as it might raise doubts in their minds about your intentions to leave Canada. An intention to leave Canada appears to be a requisite for obtaining an extension of a TRV.

Best of luck.

Edited to add this. If I understand the CIC web site correctly, you first have to apply for a Restoration of Status [as a vistor to Canada]. If that application is successful, you then are in a position to submit an application for an extension of your TRV. Please let me emphasize again that that is my interpretation of what CIC's web site is saying.
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