Navigating Out Of Status In Canada Options
Being out of status in Canada can be a daunting situation, but several options are available to restore your legal status. Each option has specific requirements, processes, and implications. This article explores four primary options for the restoration of status Canada for individuals who find themselves out of status in Canada:
- Restoration of Status Canada,
- Spouse Sponsorship Inside Canada,
- H&C Application, and
- Canadian Temporary Resident Permit (TRP).
Overstaying in Canada without addressing your status can lead to severe consequences, including removal orders, deportation, and future inadmissibility to Canada. An overstay may result in a record with immigration authorities, making it difficult to obtain visas or enter Canada in the future. Additionally, it can lead to being barred from re-entry for up to five years. Overstaying also limits access to essential services, employment, and health care. Remaining in Canada without status increases the risk of detention and deportation, severely impacting one’s ability to live or return to Canada legally. It’s crucial to act promptly to address any overstay.
We’ll compare these options to help you understand which may be the best fit for your situation to restore your legal status and avoid any potential consequence of overstaying in Canada:
Out Of Status In Canada Options
1-Restoration of Status Canada
The restoration of Status Canada allows individuals who have lost their status as temporary residents (such as visitors, students, or workers) to apply for a new status within 90 days of losing their original status. This option is available if the individual was previously in compliance with Canadian immigration laws and their loss of status was not due to violating their initial conditions. Restoration of status after 90 days is not possible as per immigration law.
Restoration of Status Canada application Eligibility Requirements
- Must apply within 90 days of losing status.
- Must have been in status at the time of losing your status.
- Must meet the eligibility requirements for the new status being applied for.
- Reasons for Restoration of Status Canada
- Compliance with your previous status conditions
Application for restoration of status in Canada
- Step 1. Determine Your Eligibility
- Step 2. Gather Required Documents
- Step 3. Create or Update an Online Account
- Step 4. Access the Online Application Portal
- Step 5. Complete the Application
Restoration of Status Canada Advantages:
- Relatively straightforward if applied within 90 days.
- Allows for a fresh start with a new legal status in Canada.
Restoration of Status Canada Disadvantages:
- Cannot be used for Restoration of status after 90 days since losing status.
- Not available to individuals who have violated their previous conditions.
2. Spouse Sponsorship in Canada
The application for spouse sponsorship in Canada (Sponsorship inside Canada) is a pathway for individuals who are out of status in Canada but have a Canadian spouse or common-law partner. This option allows individuals to apply for permanent residence from within the country.
Spouse Sponsorship Inside Canada Requirements
- Must be married to or in a common-law relationship with a Canadian citizen or permanent resident.
- Must demonstrate a genuine relationship.
- Must be in Canada during the application process.
Application for spouse sponsorship in Canada
- Step 1. Gather Required Documents (Provide proof of relationship)
- Step 2. Complete Application Forms and ensure that both the sponsor and the applicant meet all requirements
- Step 3. Pay Spouse Sponsorship Canada Fees
- Step 4. Submit a sponsorship application and a permanent residence application together
- Step 5. Apply for an Open Work Permit (OWP) and adhere to Canadian laws.
- Provides a pathway to permanent residence.
- Applicants can remain in Canada while their application is being processed.
Spouse Sponsorship in Canada Disadvantages
- The process can be lengthy and complex.
- If the relationship is not deemed genuine, the application can be refused.
3. H&C Application
An H&C application (Humanitarian and Compassionate Ground Canada) is for individuals who are out of status in Canada and have compelling reasons for remaining in Canada based on humanitarian and compassionate grounds. This option is often used by individuals who cannot return to their home country due to hardship.
H&C Application Eligibility Requirements
- Must be in Canada at the time of H&C application.
- You believe that your situation justifies taking humanitarian and compassionate ground measures to grant the necessary exemption(s) for permanent residence and
- You are ineligible to apply for permanent residence (PR) from within Canada in any of the following classes when applying for permanent residence within Canada: holder of a Canadian temporary resident permit; spouse or common-law partner; protected person and convention refugees; and economic class.
- Must demonstrate significant hardship or compassionate reasons for remaining in Canada.
Application for H&C in Canada
- Step 1. Determine Eligibility: Ensure your situation qualifies for an H&C application. This is typically used as a last resort for those who face exceptional hardships.
- Step 2. Gather Documentation: Collect all necessary documents, including your status in Canada. This includes evidence of your establishment in the country, such as employment records, community involvement, and letters of support.
- Step 3. Complete Application Forms: Complete the humanitarian and compassionate grounds application forms provided by IRCC.
- Step 4. Write a Detailed Personal Statement: Your statement is a crucial part of your application, as it allows you to clearly explain your situation, hardships, and why you deserve to stay in Canada.
- Step 5. Pay the Fees: The IRCC fee for the H&C must be paid at the time of online submission.
- Step 6 Submit Your Application: Before you submit your application, make sure you answer all questions, electronically sign your application (type your full name exactly as shown on your passport), include your processing fee receipt and upload all the supporting documents.
- Step 7. Wait for IRCC Decision: The H&C application processing time can vary. If you live outside Quebec, the current H&C processing time is 20 months; in Quebec, it is 51 months. During this period, you may be asked to submit an H&C application explaining your reasons for remaining in Canada.
H&C Application Advantages
- Can lead to permanent residence based on personal circumstances.
- Offers a chance to remain in Canada despite being out of status.
H&C Application Disadvantages
- The application process is lengthy and uncertain.
- Requires compelling evidence and a strong case for humanitarian grounds.
4. Canadian Temporary Resident Permit (TRP)
A Canadian Temporary Resident Permit (TRP) allows individuals who are inadmissible or out of status in Canada to stay there temporarily. It is granted on a case-by-case basis and is typically used when an individual has compelling reasons to remain in Canada despite their inadmissibility or out-of-status issues.
Canadian Temporary Resident Permit Eligibility Requirements
To be eligible for a temporary resident permit Canada application, a person must fulfill specific requirements as stated by immigration officials in Canada. While the precise standards may change depending on the situation, inadmissibility or non-compliance are some typical considerations.
- Must demonstrate that the need to stay in Canada outweighs the reasons for inadmissibility or status loss.
- Must provide evidence of compelling circumstances.
Application for Temporary Resident Permit
- Step 1. Apply for a TRP by providing detailed reasons why you must stay in Canada.
- Step 2. Submit any supporting documents and proof of compelling reasons.
- Step 3. Pay the application fee and wait for a decision.
Canadian Temporary Resident Permit Advantages
- Provides a temporary solution to stay in Canada while addressing status issues.
- Useful for individuals with pressing needs or exceptional circumstances.
Canadian Temporary Resident Permit Disadvantages
- A Canadian Temporary Resident Permit (TRP) is temporary and does not lead to permanent residence.
- The TRP application process can be stringent, and approval is not guaranteed.
Out Of Status In Canada Options Comparison
Restoration of Status In Canada vs. In-Land Spousal Sponsorship:
The restoration of status Canada is a quicker fix for individuals needing to restore temporary status. At the same time, the application for spouse sponsorship in Canada provides a pathway to permanent residence but requires a genuine relationship with a Canadian partner.
In-Land Spousal Sponsorship vs. In-Land H&C Application:
Spouse Sponsorship in Canada class is specific to relationships with Canadian partners, while an H&C application is for those with broader humanitarian and compassionate reasons for staying in Canada.
In-Land H&C Application vs. In-Land TRP application:
An H&C application addresses long-term stays based on humanitarian grounds. At the same time, a Canadian Temporary Resident Permit offers a temporary solution for those with pressing needs but does not lead to permanent status.
Conclusion
Each option has its criteria and processes; the best choice depends on individual circumstances and goals. Consulting with an immigration consultant specializing in out of status cases can provide personalized guidance based on your situation.
Restoration of Status in Canada FAQs
What is Restoration of Status Canada?
Restoration of Status Canada is a process that allows individuals who have lost their legal status in Canada to regain it within 90 days of losing it. This applies to visitors, students, and workers who have overstayed their visas or permits.
Who is eligible to apply for Restoration of Status in Canada?
To be eligible, you must have had valid status within the last 90 days, meet the requirements for your stay, and not have worked or studied without authorization during your stay.
What documents are required for a Restoration of Status application?
Typically, you must provide your passport, proof of your previous status, a detailed explanation of why you lost your status, and any supporting documents related to your current application (e.g., a new job offer or enrollment in a school).
How long does processing a Restoration of Status application take?
Restoration of status processing time can vary but generally takes several weeks to a few months. It’s essential to apply as soon as you realize your status has expired.
Can I work or study while my Restoration of Status application is processed?
No, you are not allowed to work or study while waiting for the decision on your Restoration of Status application. You must wait until your status is officially restored.
What happens if my Restoration of Status application is refused?
If your application is refused, you may be required to leave Canada. You can also consider reapplying if you can address the reasons for the refusal or seek legal advice for other out-of-status options.
How much does it cost to apply for Restoration of Status?
The IRCC fee for restoring your status in Canada is $229, in addition to the fee for the permit you are applying for. The fee to get a new study permit is $150, and a new work permit costs $155.
Can I travel outside Canada while my Restoration of Status application is processed?
No, it would be best if you did not leave Canada while your application is being processed. If you do, your application for restoration will be considered abandoned.
Spouse Sponsorship In Canada Application FAQs
What is Spousal Sponsorship in Canada?
Spouse Sponsorship Application in Canada allows a Canadian citizen or permanent resident to sponsor their spouse or common-law partner living with them in Canada for permanent residence.
Who is eligible for Spousal Sponsorship Application in Canada?
The sponsor and the sponsored person must meet specific eligibility requirements, including the sponsor being a Canadian citizen or permanent resident and the spouse living in Canada with valid status.
Can my spouse work while processing the In-Land Spousal Sponsorship application?
Yes, your spouse can apply for an open work permit once the sponsorship application is submitted and received by Immigration, Refugees, and Citizenship Canada (IRCC).
What is spouse sponsorship Canada processing time?
Spouse sponsorship Canada processing time can vary, but processing an In-Land Spousal Sponsorship application typically takes about 12 months.
What documents are needed for In-Land Spousal Sponsorship?
Required documents include proof of relationship, identity documents, proof of the sponsor’s status in Canada, police certificates, medical exams, and other supporting documents to demonstrate the genuineness of the relationship.
Can we travel outside Canada while our In-Land Spousal Sponsorship application is processed?
Travelling outside of Canada is not recommended while the application is being processed. If the sponsored person leaves Canada, they might not be allowed to re-enter, which could affect the application.
What happens if our In-Land Spousal Sponsorship application is refused?
If the application is refused, you can appeal the decision within a specified timeframe or reapply with additional or corrected information.
Is there an interview requirement for In-Land Spousal Sponsorship?
An interview is not always required, but an IRCC visa officer may request one to verify the authenticity of the relationship. If needed, both partners must attend the interview.
H&C Application FAQs
What is an H&C application?
An H&C application is a request for permanent residence in Canada based on humanitarian and compassionate grounds. It is intended for individuals who would face significant hardship if required to leave Canada.
Who is eligible to apply for an H&C application?
Anyone in Canada without legal status or whose application for permanent residence was refused may apply if they can demonstrate compelling humanitarian and compassionate ground reasons to remain in Canada.
What factors are considered in an H&C application?
Factors include the applicant’s establishment in Canada, ties to Canada, the best interests of any children involved, and the hardships they would face if required to leave Canada.
What is H&C application processing time?
H&C application processing time varies but can take 18-24 months or longer due to the complexity of each case.
Can I work or study while my H&C application is processed?
Applicants are not automatically authorized to work or study while their H&C application is processed. They must apply for a work or study permit separately.
What documents are required for an H&C application?
Required documents include identity documents, proof of establishment in Canada, evidence of ties to Canada, medical examinations, police certificates, and detailed personal statements.
What happens if my H&C application is refused?
If refused, you may be required to leave Canada. You can appeal the decision in some cases or apply for judicial review. Seeking legal advice is recommended.
Is there an interview for an H&C application?
An interview is not always required but may be requested by IRCC to gather more information or clarify details in the application.
Canadian Temporary Resident Permit Application FAQs
What is a Canadian Temporary Resident Permit (TRP)?
A Canadian temporary resident permit (TRP) is a document issued by IRCC that allows an otherwise inadmissible individual to enter or remain in Canada temporarily.
Who is eligible for a TRP?
Individuals who are inadmissible to Canada for criminality, health issues, or other reasons but who have a compelling reason to enter or remain in Canada may be eligible for a TRP.
How long does a TRP last?
The duration of a Canadian temporary resident permit varies depending on the individual’s circumstances and the reason for their inadmissibility. It can be issued for a few days up to three years and can be extended.
What documents are needed for a TRP application?
Required documents include proof of identity, a detailed explanation of the reason for inadmissibility, supporting documents demonstrating the need to enter or stay in Canada, and other relevant documents.
Can I work or study with a TRP?
A temporary resident permit holder does not automatically grant the right to work or study in Canada. However, you can apply for a work or study permit once you have a TRP.
How long does it take to process a TRP application?
TRP processing time can vary widely depending on the complexity of the case and the applicant’s circumstances. It can take several months.
What happens if my TRP application is refused?
You cannot enter or stay in Canada if your temporary resident permit application is refused. You may appeal against the decision, address the reasons for refusal, and reapply.
Can a TRP be extended or renewed?
Yes, a Canadian temporary resident permit can be extended or renewed if the reasons for inadmissibility persist and there are still compelling reasons for the individual to remain in Canada. Applications for extension should be submitted before the current TRP expires.
Overstaying in Canada FAQs
What happens if your visitor visa expires in Canada?
If your visitor visa expires, you lose your legal status in Canada and may need to apply for restoration within 90 days or leave the country immediately to avoid further consequences.
What happens if you overstay your visa in Canada?
Overstaying in Canada with an expired visa can lead to deportation, a removal order, and future inadmissibility to Canada, making it difficult to return or obtain future visas.
I overstayed my visa in Canada. Can I return?
If you overstayed in Canada, you may face a ban from re-entering Canada for up to five years. Re-entry depends on the severity of the overstay and the immigration officer’s discretion.
What happens if you overstay in Canada?
Overstaying in Canada can result in loss of status, a removal order, future inadmissibility, and restricted access to services. Immediate action is required to restore status or leave.
Is overstaying in Canada a criminal offence?
Overstaying in Canada is not a criminal offence but a violation of immigration law that can lead to removal orders and future inadmissibility.
Can I stay in Canada after my visa expires?
You must apply for restoration within 90 days or leave Canada immediately after your visa expires. Staying without legal status can result in deportation and future inadmissibility, which are the most common consequences of overstaying in Canada.
What happens if you overstay in Canada?
Overstaying in Canada can lead to removal orders, deportation, future inadmissibility, and loss of access to services. It’s essential to address your status immediately.
What is proof of status in Canada?
Proof of status in Canada includes documents confirming your legal right to stay in Canada, such as a valid visa, work permit, study permit, or permanent resident card.
I overstayed my visa in Canada, what is the penalty?
The penalty for overstaying can include removal from Canada, a re-entry bans of up to five years, and difficulties obtaining future visas or returning to Canada.
How We Cana Help Out of Status Applicant?
Arnika Visa, led by a Regulated Canadian Immigration Consultant (RCIC), Mr. Reza Eslami, offers expert guidance and personalized support to help clients resolve their out-of-status issues in Canada. With a deep understanding of Canadian immigration laws and procedures, Arnika Visa assists clients in navigating the complexities of restoring legal status through various options, including:
Restoration of Status: Arnika Visa evaluates your specific situation to determine eligibility for status restoration and helps prepare and submit a comprehensive application for restoration of status in Canada, ensuring all necessary documentation and information are included.
Spouse Sponsorship Inside Canada: If you’re married to or in a common-law relationship with a Canadian citizen or permanent resident, Arnika Visa can guide you through the application for spouse sponsorship in Canada process, helping you reunite with your loved ones and regain legal status in Canada.
Humanitarian & Compassionate (H&C) Application: For those facing extraordinary circumstances, Arnika Visa assists in preparing a strong H&C application, presenting compelling evidence of your ties to Canada and the hardship you may face if forced to leave.
Temporary Resident Permit (TRP): In situations where other options are not viable, Arnika Visa helps clients apply for a TRP, allowing them to stay in Canada legally while addressing their immigration status.
Although the choices above could give applicants out of status Canada a unique opportunity, they also impose some restrictions that must be carefully considered. These include giving up the ability to appeal if the application is refused, waiting longer for a response than with an overseas application, and staying in Canada while the application is being processed. For these reasons, it’s crucial to carefully consider the appropriate legal course of action by consulting with an expert RCIC.
By choosing Arnika Visa, clients receive tailored advice and ongoing support throughout the entire process, ensuring that they take the right steps to restore their legal status and avoid the severe consequences of overstaying in Canada.
Out-of-Status Related Articles
- Out Of Status in Canada What Cana I Do?
- How To Apply For Restoration Of Status Canada
- Implied Status Canada (Maintained Status)
- What Happens If You Overstay In Canada?
- Application For Spouse Sponsorship In Canada
- What is a Canadian Temporary Resident permit?
- Who Can Apply For H&C In Canada?
- Navigating Out of Status In Canada Options
- Restoration Of status Approved
- Restoration of Status After Work Permit Refusal
