Visiting Canada with a U.S. Passport? Here’s How to Stay Beyond 6 Months

Key Takeaways

• Applying for a visitor record ensures you stay legally in Canada beyond six months.
• If denied, the decision can be appealed or reconsidered, as visitors have rights under Canadian administrative law.
• Use the resources below for official guidance to strengthen your application.

How U.S. Nationals Can Extend Their Stay in Canada

1. Apply for a Visitor Record

• • A visitor record is an official document issued by Canadian immigration authorities that allows you to stay in Canada beyond the six months typically granted at entry.
  • You must submit the application before your current authorized stay expires.

***don’t forget to reserve your rights on any application by writing “all right reserved.”***

2. Application Process

• • Where to Apply: The application is submitted online through the Immigration, Refugees, and Citizenship Canada (IRCC) portal.
  • Documents Needed:
    • A valid passport.
    • Proof of financial support (e.g., bank statements showing you can cover your extended stay).
    • A detailed explanation of why you need to extend your stay.

3. Key Deadlines

• • • Apply at least 30 days before your status expires. If your application is submitted on time, you gain implied status and can legally remain in Canada while waiting for a decision.

4. Visitor Record Details

• • • • Extends your stay in Canada but does not guarantee re-entry if you leave during your visit.
      • If denied, you must leave Canada or seek alternative solutions (e.g., restoration of status).

Legal Considerations for Denial

Procedural Fairness in Canadian Immigration

If your request for a visitor record is denied, the decision must comply with Canadian administrative law principles:

• Right to Due Process: If the government denies an application for a visitor record without proper cause, this could be viewed as unlawful if they fail to provide sufficient justification. Every visitor has a right to procedural fairness under Canadian law, which includes the ability to present reasons and evidence for extending their stay.
• Principle of Non-Arbitrariness: Under Canadian administrative law, decisions must be made in a consistent and non-arbitrary manner. Denying an extension without clear reasons could be legally challengeable.
• Implied Status: If you apply for an extension before your current status expires, you are legally allowed to remain in Canada until a decision is made. This ensures that your stay cannot automatically be deemed unlawful while awaiting a response

Restoration of Status

If your visitor status expires and you didn’t apply in time, you have 90 days to apply for restoration of status by providing an explanation and meeting eligibility requirements. Learn more about restoring status on IRCC’s official page.

Official Sources for Guidance

1. Canada Immigration (IRCC) – Extend Your Stay as a Visitor
   Visit IRCC’s guide here.