Out Of Status in Canada – A Guide On Available Options
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. In that instance, you must move quickly to find a solution. 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 broken any immigration laws.
- Seek legal advice: To learn more about your alternatives and create a plan to resolve your status, speak with an immigration lawyer or a trustworthy immigration adviser. They can assist you in understanding 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 from a compassionate and humanitarian standpoint, or other initiatives that could provide a solution. A knowledgeable immigration professional can help you choose the best course of action.
- Gather documentation: Gather any necessary evidence to support your claim, such as documentation of your Canadian connection, job history, or other pertinent information. This will support 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 or request: Apply for restoration status 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. Your position might get better if you comply.
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 to extend their stay before the expiration date of their immigration documents or if their extension applications have been denied.
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.
These alternatives are open to people depending on their circumstances, such as how long they have resided in Canada, what caused them to lose their status, and their family situation. Possible choices include:
1-Restoration Status Canada
FNs may apply to have their 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
To restore their temporary resident status and study permit, a temporary resident who had one but lost it may apply in Canada. 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 for status restoration expires after 90 days. This date is quite stringent. 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 Status Canada application is not available after 90 days. Nonetheless, there are some options that you could use 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 of status since you have 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
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, there must be compelling reasons why they should be allowed to remain in Canada that can be demonstrated, 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 of 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&C) 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 get around restrictions on applying for permanent residency from abroad, overcome requirements for some programs, or even some inadmissibility like criminality, misrepresentation, a lack of financial resources, or Act violations.
When assessing an H&C application, factors like ties to Canada, the best interests of the children, issues in the home country, being apart from family, violence, or health concerns are considered by the IRCC officer. The officer will evaluate 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 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.
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 the decision was incorrect or unreasonable, it will be sent back for reconsideration by another H&C officer.
4-Inland Spousal Applications
Out of Status applications for spouses can be used to legalize status in Canada. 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 held a study permit and has lost their status can apply in Canada for restoration 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.
Consulting with an RCIC about your situation is the best plan of action. They will be able to provide you with advice on whether you should leave Canada, apply for restoration in Canada, or 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 Can We Help You?
Although the choices above could give applicants out of status in 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.
Arnika Visa Solutions Inc. is one of the most reliable Canadian Immigration Consulting companies in Canada. You can benefit from the expertise and experience of Arnika Visa’s RCICs in Canadian immigration. Arnika specialists can improve the quality of your immigration application to increase your chances of approval. Arnick’s expert team, under the management of Mr. Reza Eslami, an active member of The College of Immigration and Citizenship Consultants (CICC), RCIC, R710241, will handle all the stages of your immigration application in detail, including choosing the best immigration pathway, preparing additional supporting documents and filling out the immigration forms, obtaining Canada PR, Canadian passport, etc.
Out of Status Related Articles & Links
Out Of Status in Canada – A Guide On Available OptionsRestoration Of Status Canada – Complete GuideImplied Status Canada (Maintained Status) – A Complete GuideLoss of statusWhat Happens If You Overstay In Canada?Do I need an Immigration Representative?Flagpole to renew study or work permit at the US-Canada Border
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.