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Foreign nationals (FNs) who have entered Canada as visitors, students, or workers will lose their temporary resident (TR) status:
These individuals are technically out of status. Although the Immigration regulations suggest such FNs leave Canada immediately, some options, such as In-Land Spousal Sponsorship and In-Land Humanitarian & Compassionate (H&C) grounds, will allow some out-of-status people to continue their stay or remain in Canada eventually.
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 In 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.
H&C Application (Humanitarian & Compassionate): 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.
Canadian 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.
If Temporary Residents (Visa holder) have lost their status (finds themself out of status) or let their authorization to visit, work, or study expires, simply not filing an extension application on time or through a possible error, the applicant may apply to restoration of Status Canada within 90 days of having lost their status and stay in Canada until IRCC makes a decision. The applicant must continue to meet the initial requirements for their stay and has not failed to comply with any condition imposed automatically by regulation or by an IRCC officer. It is essential to note that applicants can only restore to an authorization they held immediately before the restoration application.
If individuals do not apply to restore their status within 90 days imposed by IRCC, there is no possibility of restoration, and the individuals must leave Canada (In most scenarios). Potential restoration scenarios:
There is a $229 fee for restoration of status and the cost of your permit extension.
Once you have fallen out of status, your authorization to stay in Canada on a temporary position has expired, so you are expected to depart Canada immediately. You are not eligible for work; study permits, or other immigration streams.
Since you need to apply to restore your status after it has expired, you can’t work or study while this application is in progress by IRCC.
The Restoration of Status Canada application is not available after 90 days. Nonetheless, there are some options that you could use to become a temporary resident again. Here are some main options:
Restoration of status is distinct from the implied status. You are trying to regain your position when you file for quality repair since you have lost it. You won’t have indicated status if you don’t apply for a new permit before your visit, work, or study permit expires.
Going to a port of entry at the Canadian border to renew your study permit or work permit is called “flagpoling.” You shouldn’t need a flagpole to restore your status. Restoration of quality cannot be granted at the port of entry, according to the IRCC.
In reality, a person has left Canada when they flagpole, even if they do not enter the US. Restoration of status is only open to temporary residents whose status has expired while they are still in Canada; therefore, if an out-of-status temporary resident departs Canada, they are no longer eligible to apply. Your flagpoling may be interpreted by the border officers as an attempt to gain new admission. If so, it cannot be used to grant you new entry since you allowed your previous status to lapse.
IRCC is committed to family reunification and facilitating the processing of genuine spouses’ cases in Canada living together and out of status. IRCC is also committed to preventing the hardship resulting from the separation of spouses together in Canada, where possible. So, Public Policy Under A25(1) of IRPA facilitates the processing under the Regulations of the Spouse Sponsorship in Canada who are out of status in Canada and can apply to be sponsored by a Canadian permanent resident or citizen. Canada’s government has implemented a policy that waives the requirement to have valid temporary status in Canada when supported by a spouse. It is important to note that being out of quality is the only breach of the Act that is allowed. Other inadmissibility, such as prior criminality, health, and other issues, can still result in an application under this class being refused.
Persons with a “lack of status” refer to those in the following situations:
This means that spouses or common-law partners in Canada, regardless of their immigration status, can now apply for permanent residence from within Canada under the same criteria as members of the Spouse Sponsorship in Canada class. This facilitative policy applies only to relationships in which support undertakings have been submitted. Suppose the applicant meets all other requirements of the Spouse or Common-law Partner in Canada class. In that case, their requirements for status and the inadmissibility related to the lack of quality are waived by this public policy under A25. If these applicants are refused for not meeting the Spouse in Canada class requirements, they are not entitled to a reassessment on H&C grounds but may reapply for H&C consideration.
Travelling abroad while an inland sponsorship application is being processed is permitted. However, it is not recommended.
The applications are processed within 12 months in most cases.
Humanitarian and compassionate (H&C) consideration, under A25 of the IRPA, provides the flexibility to award permanent residence status or a permanent resident visa to certain foreign nationals who would otherwise not qualify in any immigration stream in which there are compelling H&C grounds. The Applicants may present any facts affecting their circumstances that they believe are relevant to their request for H&C consideration.
Foreign nationals who are inadmissible or do not meet the requirements of the IRPA may make a written request for consideration under H&C or public policy consideration and must accompany an application for permanent residence (PR) in Canada. There are some restrictions concerning the examination of applications for H&C review.
This is an option for individuals who have no status in Canada and are to apply to remain on H&C grounds. The H&C applications are created to overcome the requirement to apply for PR, specific program eligibility, or even other inadmissibility like criminality, financial, misrepresentation, or breach of the IRPA.
Factors that will be considered by the officer when evaluating an H&C application include ties to Canada, the best interest of children, difficulties in the home country, separation from family, violence, or medical or health issues. The officer will evaluate these factors toward a test of unusual or undeserved hardship or irregular hardship.
The process is complex and lengthy. On average, it can take 2 to 3 years for an H&C application to process inside Canada.
The right to remain in Canada pending IRCC’s decision on your H&C application is not granted. A refugee claimant may stay in Canada until the IRB decides about the application.
An H&C request can be submitted inside or outside of Canada. The application for admission to Canada must be reviewed by IRCC (Immigration, Refugees and Citizenship Canada) inside Canada.
You can apply to the Federal Court of Canada to have the decision reviewed. If the Court determines the decision was incorrect or unreasonable, it will be sent back for reconsideration by another H&C officer.
A temporary resident permit (TRP) may be delivered to a foreign national who, in the view of an officer, is inadmissible or does not meet the requirements of the Immigration and Refugee Protection Act (IRPA).
A Temporary Resident Permit (TRP) is a travel permit that allows individuals barred from entering Canada to visit the nation temporarily. Your passport will be stamped with a Temporary Resident Visa (TRV), which is official documentation that you have fulfilled the conditions to enter Canada and become a temporary resident.
The most common inadmissibility requirements to apply for a TRP are:
The TRP is always issued at the discretion of the designated authority and may be cancelled at any time. The designated officer determines if the individual’s purpose for entering Canada under exceptional circumstances balances Canada’s social, humanitarian, and economic commitments to Canadians’ health and security, per the IRPA’s objectives. In addition, an officer may consider the following:
A TRP holder who has let their permit expire is not eligible for restoration as a TRP holder. They must apply for a new TRP and still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the IRPA to qualify for restoration. If they did not meet one of the conditions of their TRP, or they have worked or studied without a permit, they have committed an offence under the IRPA. They may be subject to an admissibility hearing that could direct their removal from Canada.
