Out of Status In Canada What Can I Do?
Out of status In Canada applies to foreign nationals who have entered Canada as temporary residents (TRs) status (Visitors, students, or workers) and who stayed beyond the validity of their temporary resident visas (some without even realizing it) and are technically considered out of status. (Fail to maintain their TRs status)
According to Canadian immigration law, staying over the date when your status expires is illegal. If a person is out of status in Canada, they are expected to leave the country. They may no longer be eligible for many immigration streams or re-entry to Canada.
They will become foreign nationals without status in Canada if they have not applied for extending work permit Canada or extending study permit Canada before the expiration date of their immigration documents or if their extension applications have been denied.
If your immigration status has expired or you have broken the restrictions of your stay, you are considered “Out of status In Canada” in Canada. This is a situation that requires immediate attention and action. Here are some steps you might want to take:
- Understand your status: Examine your immigration papers and the causes of your out-of-status circumstance. Check to see if your status has expired or if you have broken any immigration laws.
- Seek legal advice: To create a solid plan to resolve your status, it’s crucial to speak with an immigration lawyer or a trustworthy immigration adviser. They can guide you through the immigration procedure and offer advice depending on your situation.
- Explore available programs: Investigate immigration possibilities and programs that could apply to your circumstances. For instance, there could be routes for status restoration, applications for compassionate and humanitarian grounds, or other initiatives that could provide a solution. A knowledgeable immigration professional can help you choose the best course of action.
- Gather documentation: To support your claim and increase the chances of a successful resolution, gather any necessary evidence, such as documentation of your Canadian connection, job history, or other pertinent information. This will strengthen your appeal or application.
- Take action promptly: You must resolve your out-of-status circumstance quickly. Ignoring the problem may result in additional issues, such as removal proceedings or being prohibited from entering Canada again.
- Submit an application: Apply for restoration of status Canada via the proper procedure, apply for a new visa or permission, or take care of any infractions. Make sure you give the immigration officials precise and comprehensive information.
- Cooperate with authorities: If immigration officials approach you, kindly comply and send all necessary information and paperwork.Â
I am out of status in Canada what can I do?
While Canadian Immigration law states they should leave Canada immediately, Immigration and public policy have built some flexibility into the system. Some out-of-status people can use four alternatives to extend their stay or continue to live in Canada permanently or temporarily.
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:Â
- H&C Application, and Â
1-Restoration of Status Canada
FNs may apply for restoration of status Canada to get thier temporary status restored if they have lasted 90 days or less (Referred to as a Restoration Period) past the expiration date of that status. A new work permit or study permit can be applied for after an initial work or study permit expires. A request can be made to restore status under a different category if the IRCC is approved for the initial permit. (The new TR category application will then be processed).
Possible restoration scenarios for out of status students Canada
A temporary resident who had one but lost it may apply in Canada to restore their temporary resident status and study permit. If they satisfy the conditions of the work permit program they are using, they may also apply and pay a work permit application fee. The application for a work permit will be processed if they are granted a study permit.
The option to restore the status expires after 90 days, a pretty stringent date. Where this is a viable option, a person is usually advised to leave Canada before their overstay is discovered if more than 90 days have passed.
What happens if I am out of status?
Once you have fallen out of status in Canada, your authorization to stay in Canada on a temporary status has expired, so you are expected to depart Canada immediately. You are not eligible for work and study permits or other immigration streams.
Can I work or study while waiting for the restoration of my status?
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 Canada.
How to apply for restoration of status in Canada?
The Restoration of status Canada application is not available after 90 days. Nonetheless, you could use some options to become a temporary resident again.
Is restoration an implied status Canada?
Restoration of status is distinct from with implied status Canada or Maintained Status Canada. In essence, you are trying to regain your status when you file for restoration since you lost it. You won’t have implied status if you don’t apply for a new permit before your visit, work, or study permit expires.
Can I the restoration of status after 90 days?
If you lose your temporary status, you may apply for a restoration status within 90 days of losing the status. However, you may only use it within 90 days.
2-Temporary Resident Permits (TRPs)
An out-of-status person can remain in Canada with a temporary resident permit. To justify the person’s presence despite the lack of status, compelling reasons must be demonstrated for their continued presence in Canada, as well as evidence that the risk to Canadians is minimal.
A well-founded fear of harm in their place of nationality, the misery of family separation, or the requirement to work in Canada that benefits Canadians are all acceptable explanations.
A Temporary Resident Permit is a temporary fix for out of status in Canada. Permits may be renewed after being issued for up to 36 months. However, a person with a Temporary Resident Permit in Canada for the required time may eventually qualify for permanent residence.
3-Inland Humanitarian and Compassionate Grounds
The application for humanitarian and compassionate (H&CÂ Application) reasons to remain in Canada is the third option available to people who are out of status in Canada. Applications for H&C are made to circumvent restrictions on applying for permanent residency from abroad, overcome requirements for some programs, or even overcome some inadmissibility like criminality, misrepresentation, a lack of financial resources, or Act violations.
When assessing an H&C application, the IRCC officer considers factors like ties to Canada, the best interests of the children, issues in the home country, being apart from family, violence, or health concerns. The officer evaluates these facts considering unusual, undeserved, or disproportionate hardship.
How long does H&C take to approve in Canada?
The process is complex and lengthy. On average, it can take 2 to 3 years for an H&C application to process inside Canada.
Can I stay in Canada while waiting for H&C?
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.
Can I apply for H&C from outside Canada?
An H&C application 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.
What happens if an H&C application is refused?
You can apply to the Federal Court of Canada to have the decision reviewed. If the Court determines that the decision was incorrect or unreasonable, another H&C officer will reconsider it.
4-Inland Spousal Applications
Application for spouse sponsorship In Canada can be used to legalize status in the country. Married or common-law spouses who are out of status in Canada can apply to be sponsored by a Canadian citizen or permanent resident to overcome their out-of-status issue. The requirement to have a valid temporary status in Canada is waived while being sponsored by a spouse under a public policy regulation that the Canadian government has put in place. It is crucial to remember that the only permitted violation of the Act is out of status. Out of Status Spousal Sponsorship applications under this class may still be rejected if they also meet other criteria for inadmissibility, such as past criminal convictions, health issues, and other factors. H&C submissions are occasionally appended to an in-land spousal sponsorship application when another inadmissibility is obvious.
Can I leave Canada after applying for inland spousal sponsorship?
Travelling abroad while an inland sponsorship application is being processed is permitted. However, it is not recommended.
How long does it take to process inland spousal sponsorship?
The sponsorship applications are processed within 12 months in most cases.
Out-Of-Status In Canada FAQs
When your authorization to remain in Canada on a temporary visa or another document expires, you have fallen “out of status” and must depart the country right away. You are not eligible for most of the immigration streams including a work or study permit, or indeed for any other immigration benefit.
If you maintain your legal status, you are permitted to live in Canada while awaiting permanent residency. You must make sure that your status as a temporary resident is still valid while you are in Canada because temporary resident status only lasts for a certain amount of time.
A person who is referred to as “undocumented” or “non-status” does not have legal immigration status in Canada, either temporarily or permanently basis. This can occur if a person continues to reside in Canada after their visitor’s, student’s, or work permit has expired or if their refugee claim has been denied.
Yes, you can get married in Canada if you’re a visitor or on a temporary visa, or out of status in Canada. You don’t have to be a citizen or permanent resident of Canada.
It is possible for people to fly within Canada, even if they are out of status in Canada. The government of Canada lists several acceptable documents to enable people to clear security at airports.
In such circumstances, the person loses their temporary resident status in Canada and is inadmissible to Canada. They must leave Canada if they are already there, and they are not allowed to return if they are already abroad. Of course, if you have this issue, you need to consider your options.
Those who overstay in Canada may arrest or receive a Removal or Deportation Order, as issued by the Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). These orders will state that you can’t legally stay in Canada and must leave the country immediately.
A temporary resident who holds a study permit and has lost their status can apply for restoration of status Canada of their temporary resident status and study permit. They may also apply and pay for a work permit if they meet the requirements of the work permit program they are applying for.
The best plan of action is to consult with an RCIC about your situation. They can advise you on whether you should leave Canada, apply for restoration of status in Canada, or pursue another pathway to temporary or permanent residency.
It’s a crime for a foreign national to marry a Canadian citizen or permanent resident only to gain any immigration status in Canada. Getting married to a Canadian citizen or permanent resident does not automatically stop deportation orders.
According to Canadian immigration law, an alien’s later marriage to a Canadian citizen or permanent resident will “clean up” the overstay if they were examined but overstayed their visa. Despite having overstayed their visa, the spouse of such a person can still apply for lawful permanent residence status.
You must already be in Canada as a visitor, student, or worker in order to maintain your status. Then, before your status expires, you must apply for a new permit or an extension of your existing one. In this situation, you are with implied status Canada or Maintained Status Canada meaning you are automatically considered to have legal status as a temporary resident during the processing period of IRCC.
If you ever need to return to Canada, you must depart before the deadline and notify a Canadian immigration office of your departure so they can confirm that you have indeed gone.
If you’ve received a removal order from Canada, you’ll likely require Authorization to Return to Canada (ARC) to enter the country again. Depending on the kind of removal order that was obtained, you may or may not require one.
Yes. You may remain in Canada as a temporary resident until IRCC decides on your new permit application if your request to extend was made before the end of your permitted stay.
Canada’s immigration authorities will be aware that you have overstayed your visa if your departure date is missing or does not match up with those on your immigration documents. Random checks are another way the IRCC can determine if you have overstayed your visa.
Read this article to discover your options and consult with an RCIC for the best action.
In this scenario, an individual would not be in legal status to be in Canada. An individual who enters Canada on a visitor visa and does not leave before it expires, for instance, does not have a valid immigration status.
While the term “status” refers to your formal immigration classification in Canada as shown on your immigration record, the term “visa” solely refers to the sticker you might receive in your passport. Although a person may have several visas in their passport, they are only allowed to have one immigration status while they are in Canada.
Inland spousal sponsorship is one of the few possibilities open to those who are out of status in Canada. A person may be sponsored for permanent residence if they are residing with their Canadian spouse or common-law partner.
According to the official website of Canada, visitors who overstay their welcome risk being Inadmissible. People who are ineligible for admission to Canada will have their visas or Electronic Travel Authorizations refused, as well as their entry.
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&CÂ In Canada?Â
- Navigating Out of Status In Canada Options
- Restoration Of status Approved
- Restoration of Status After Work Permit Refusal
Out of status case according to IRCC
If interested, you can book a consultation with our RCIC to see how he can help you. Thanks
Hi, I applied to renew my open work visa, but it got refused, and it’s past the 90 days. Now, I am out of status. I applied for PR but don’t know how long it would take. What can I do to stay in Canada? Thanks
Given the complexity of your legal immigration questions, we recommend scheduling an appointment with our Regulated Canadian Immigration Consultant (RCIC) for accurate and personalized advice. His expertise will provide you with the necessary guidance for your specific situation. You can choose your preferred time for the appointment on the link below:
https://arnikavisa.com/book-a-consult/
After one year of experience with 612 points, I applied as a skilled worker in Manitoba, but my PGWP expired soon and is now on maintained status. Express entry CRS is 412 with a valid health care occupation-specific NOC code. I want help to get job offers from provinces like Alberta, etc. Please provide your guidelines for applying in Alberta or as you suggested.
Research Alberta’s Provincial Nominee Program (AINP) for eligibility. Network and search for jobs on Alberta-specific platforms. Reach out directly to employers, tailoring your application to match job requirements. Consult immigration professionals for guidance on AINP or other immigration pathways. Consider alternative programs like the Alberta Start-Up Visa Program For Foreign Entrepreneurs (Called Foreign Graduate Entrepreneur Stream) for additional opportunities.
Hi, I overstayed my working holiday visa in 2019 by 62 days, I was also working after it expired. 4 years later I’m married to a Canadian woman (I married her in canada, I’ve been approval tourist visas) I’m needing to know if it’s possible to apply for spouse visa with the overstay issue? Thanks
The overstay on your previous visa could pose challenges, but it’s not necessarily a barrier to applying for a spouse visa. However, it’s crucial to be transparent about your immigration history. Consult an immigration lawyer or RCIC for personalized advice on addressing the overstay issue in your spouse’s visa application.
I came to Canada as an international student and currently have no status. I was in two relationships, and my partner was sponsoring me, but the submission got returned and is now out of status due to missing information. I just wanted to explore my options for staying. Thanks
Navigating status complexities can be daunting. Let’s explore your options for restoring status or transitioning to visitor status. With strategic guidance, we can outline a path forward. Reach out to discuss your situation in detail. Looking forward to assisting you.
I have been refused a work permit because I forgot to state that our visa was previously denied. My last work permit expired three days ago. My refusal letter says I need to leave the country immediately as I lost my status. What does that mean?
If your work permit was refused and you were instructed to leave immediately, you are no longer authorized to stay in Canada. You should:
Leave Canada promptly: Follow the instructions in the refusal letter to avoid legal issues.
Restore Status: If you plan to stay, apply for restoration of status within 90 days, addressing the previous refusal reasons.
Consult an RCIC or Immigration Lawyer: Get professional advice to explore your options and adequately address the situation.
Thank you.
My visitor visa got expired in September 2023, and i have been out of status since then,
Now i want to pursue a course and apply for student visa, what are my options
Overstaying your visa complicates matters. To apply for a student visa, you must first leave Canada and apply from your home country or restore your expired status to a valid status first, and then apply for study permit inside Canada. Consult an immigration consultant for guidance on potential waivers or other legal advice to address your overstay and improve your chances of approval.
Am I eligible to apply for TRP and student visa together.
I came on student visa in sept 2017, was not able to complete my studies, after it expired , lawyer advised to apply for visitor visa, which i got renewed 3 times till September 2023
Hello! I was on a visitor visa but overstayed for more than a year. I am out of status in Canada. I was planning to go home but feared the consequences of overstaying. My daughter applied for a humanitarian and compassionate visa. Can you educate me on what the best thing to do is? Thank you.Â
If you’ve overstayed your visitor visa in Canada, it’s crucial to address your immigration status promptly. While awaiting the outcome of your daughter’s humanitarian and compassionate (H&C) visa application, you may explore options to rectify your status, such as applying for restoration of status or submitting a separate H&C or TRP application. Consulting an immigration lawyer is advisable for personalized guidance.
I applied for my PR in August 2023, and my PGWP was to expire in November 2023, but I didn’t realize I needed to apply for a work permit extension until yesterday. I thought having my PR application in progress made my stay legal. I have unknowingly I am out of status in Canada; however, my PR application is still being processed. Please guide me what to do next.
You should immediately contact one RCIC expert on out-of-status situations to explain your situation and seek their advice on the next steps. You may need to apply for a restoration of status or temporary resident visa (TRP) to rectify your overstay and avoid issues with your PR application.
I read your website details on the status and out-of-status scenarios and wanted to ask you. I have applied for inland spousal sponsorship, and my application is halfway through. However, I am on my way through the 90-day deadline to restore a time un, and I have a question: Will there be any consequences in my application regarding my status, or can my application move ahead without my status?! I would appreciate your feedback and help!Â
If you are on implied status while your inland spousal sponsorship application is in process, you can continue staying in Canada legally. However, overstaying during this period could negatively affect your application, so it’s crucial to address your status immediately.
I lived in Canada for almost five years and overstayed my student visa. I was suspended from school in May 2023, and my permit expired in December 2023. I wanted to work while I was on suspension and received LMIA from a food company owner, but I was ghosted. I need 5-6 courses to graduate. Please guide me to overcome my out of status issue.
Seek legal advice immediately. If your status expires after 90 days, consider applying for a TRP application along with a study permit. Alternatively, consider reapplying for a study permit from outside Canada.
I find myself in a distressing situation as I am currently out of status. As a student visa holder, I missed the 90-day window to apply for restoration after my visa expired. This was a result of a misunderstanding about my visa expiration date, compounded by the fact that I was struggling with depression at the time. I am in desperate need of assistance.Â
Contact an immigration lawyer immediately to explore options like applying for a Temporary Resident Permit (TRP) or seeking legal advice on possible restoration alternatives.
I have a valid 10-year visitor visa. I’m in Canada, and I applied for 2nd extension of my stay. It was refused because I didnt do (i missed the letter) medical exam requirement when I applied for the 1st extension. They gave two options – to leave Canada or apply for restoration. I went ahead to do the medical exam. And I left Canada. My IRCC account says I have passed the medical exam.
1. Can I come back to Canada since I have a visitor visa?
2. Can I apply for study permit while outside of Canada?
3. Is there 6 month ban on study permit application applicable to me?
Also, in general, can I enter canada with my visitor visa if I have study permit application in process?
1. Can I come back to Canada since I have a visitor visa?
Yes, you can return to Canada if you have a valid 10-year visitor visa. However, entry into Canada is always at the discretion of the border services officer. You should be prepared to explain the reason for your previous stay, the refusal of your extension, and the purpose of your visit now.
2. Can I apply for a study permit while outside of Canada?
Yes, you can apply for a study permit while outside of Canada. In fact, applying from outside the country is the typical process for obtaining a study permit. You’ll need to meet all the usual requirements.
3.Is there a 6-month ban on study permit application applicable to me?
No, there is no 6-month ban on applying for a study permit after a visitor visa extension refusal. The y-year ban typically applies to cases where an applicant is found to have misrepresented information in their application.
4.Can I enter Canada with my visitor visa if I have a study permit application in process?
Yes, however, you must clearly state to the border officer that you are entering as a visitor and not to study unless your study permit has been approved. Once your study permit is approved, you can enter Canada as a student.
Hi! Nice post with a lot of valuable information.
My relative came to Canda last year with his family. They extended their visas once.
The second time they tried to extend their temporary visas, the applications got refused because they hadn’t sent all their kids’ medical results. The letter they received suggested the restoration path.
If they try to restore their status and get a positive answer, the new expire date on the permit will start from the day the last permit expired, or it will start after the restoration is processed. Thanks!!
If your relative’s restoration is approved, they restored their lost status, regardless of the date they lost it. The new permit’s expiry date typically starts from the restoration approval date. They should act quickly, as restoration must be applied for within 90 days of the permit’s expiration.
i came as student in Canada but couldn’t attend college now my study visa expiring in November. what should i do please help.
Apply to restore your status before your study permit expires. Consult an immigration consultant (RCIC) to explore options, like changing your permit type or extending your stay in Canada legally.
Hello please help with information about how to get a new work permit, I previously came to Canada under the CUAET for Ukrainian refugees but my work permit expired on my previous passport but after receiving my renewed valid passport I applied for a new work permit which wasn’t approved in time and it was withdrawn by ircc after one year wait time so I left Canada and now I am back on a visitor visa the border officer told me to contact ircc for a work permit, do you think I should apply for restoration with form IMM 5710 or what is the way I can get a new work permit
Since you’re now in Canada on a visitor visa, applying for a work permit depends on your specific situation. You may need to apply for a new work permit or explore restoration options using form IMM 5710 if applicable. Make sure your application aligns with current IRCC guidelines for work permits and eligibility criteria. Please consult with an RCIC to explore your best options.
I have applied for inland spousal sponsorship, and my application is almost through, I have gotten pre-arrival letter. However, I am on my way through the 90-day deadline to restore my status. Please do I still need to apply for a restoration and work permit while the PR is still in progress? Or just wait for the PR decision. I would appreciate your response. Thank you
Yes, you should apply for restoration to maintain legal status while awaiting your PR decision. Without restoration, you may risk complications with your PR application.
Please after applying for a restoration with work permit together, will I get a mail saying I can continue working pending IRCC decision ?
No, applying for restoration with a work permit doesn’t grant implied status. You must wait for IRCC’s decision before resuming work.