A: When you arrive in Canada the officer at the port-of-entry determines how long you will be allowed to stay in Canada. Usually this is 6 months.
In the normal case, no one from the Canadian government will diarize this date to see if you leave on time. Essentially, you are admitted on the honour system i.e. we trust that you will leave when you are supposed to. If border officials wish to exercise some control over you, they will issue a visitor’s record to you which they will staple in your passport. You will be asked to verify your departure upon leaving Canada. If you don’t, they will come looking for you.
Unlike some countries, Canada has no exit controls. That means, when you leave Canada, you will not be inspected by Canadian immigration officials who might discover your overstay in Canada.
However, should you come back to Canada, this may be discovered since border officials may be able to discover your previous overstay here by simply counting the days between your last admission to Canada and the next date in which you entered another country as evidenced by a port stamp in your passport. This could easily complicate your re-entry to Canada as the officer might conclude that you are not likely to comply with any time limits that might be imposed on your stay.
As for penalties, if you are caught overstaying while in Canada you can expect to be arrested, detained, and issued a removal order. If this is only discovered upon your attempt to re-enter Canada chances are you will be denied entry and sent home.
As for going through the US…don’t even think about it.
If you are without status in Canada, whether you have a visa to the US or are exempt from having one, the first thing US border officials do when you are inspected is figure out what status you have in Canada. If you don’t have any, not only will you be denied entry to the US, your US visa will probably be cancelled and you will be turned over to Canadian border officials who will immediately discover that you were staying in Canada illegally. You will likely be detained by Canadian immigration officials and given the boot.
If you find yourself here without status, its best to find a direct flight back home in order to avoid difficulties in any countries through which you might otherwise have to transit through.
Guidy Mamann practices law in Toronto at Mamann, Sandaluk and is certified by the Law Society of Upper Canada as an immigration specialist. Reach him confidentially at 416-862-0000 or at .