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  • Writer's pictureCalver Immigration Consulting Inc.

Out of Status Temporary Residents Can Extend Stay in Canada

Temporary Resident Status Expired: How to Extend Stay


NEW Update from Immigration, Refugees and Citizenship Canada


IRCC announced a new temporary policy that exempts out of status temporary residents from some requirements when they’ve fallen out of status.


Update #1 - Exemption from Applying for Restoration


Under normal circumstances, temporary residents are given 90 days to apply for restoration of their status in Canada. This announcement allows temporary residents an exemption from this requirement.


Temporary residents (workers, students, and visitors) whose work permits, study permits or authorization to stay expired after January 30, 2020, will have until December 31, 2020, to apply to restore their status instead of the typical 90 days.



Update #2 - Interim Work Authorization


All temporary residents in Canada on a work permit will maintain the authority to work while their restoration and work permit application is being processed. It’s important to note that this exemption is only allowed to those who were already authorized to work in Canada.


That is, those who held a work permit in the 12 months prior to their application for restoration of temporary resident status, have a job offer, and have submitted an employer-specific work permit application supported by a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program or an LMIA-exempt offer of employment under the International Mobility Program.


Who does this policy affect?


All temporary residents in Canada with status expiring after January 30, 2020 are eligible for the exemption of applying for restoration.

Temporary residents include students, workers, and visitors.

This policy is helpful because temporary residents who would have previously needed to leave Canada are now permitted to extend their stay.

 

This policy came into effect on July 14, 2020, and will remain in place until December 31, 2020.

 

Our Services


Calver and Associates is a leading provider of Canadian Immigration services in Durham Region. We serve clients in Oshawa, Whitby, Ajax, and beyond. Our Registered Canadian Immigration Consultant has over 10 years of experience in Canadian Immigration law and over four years of experience serving those in the Oshawa area.


We can provide assistance with applications for both temporary and permanent residency in Canada. We handle applications for study permits, permanent residency, family class sponsorship, visitor visas, work permits, and Canadian citizenship. We also handle criminal inadmissibility cases by developing remedies for refusal.



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