Options open to Temporary Foreign Residents

by Michael Scott

It is important for all temporary foreign residents to ensure that they keep their legal status in Canada. The questions are significant because of the volume of TRs inside the country. The 2021 Annual Report to Parliament on Immigration reveals that the country had 256,740 study permit holders and 326,116 temporary foreign workers. There is a significant number of temporary residents inside the country who should be aware of all options open for them to stay.

If you are a visitor, foreign student, or foreign worker, you have an expiration date on your temporary status and must ensure that it does not lapse. It is important to know that temporary foreign residents can maintain, lose, and restore their temporary resident status inside Canada.

Implied or Assumed Status Temporary

These residents, such as workers, students, or visitors inside Canada can apply for an extension of their status. However, they must apply for the extension before the expiration date, without leaving the country. If they meet these preconditions, they are considered to have implied status in the country. This status continues until IRCC makes a decision on their extension request.

It is important to note that the online extension submission must be submitted when the visitor visa, study permit or work permit is still in status before the expiration date. IRCC uses UTC or coordinated universal time to make sure that all applicants are treated equally. The deadline is midnight UTC when the applicant’s permit expires. It is best to submit earlier because something may impact with the online submission, which is the only option open at this time.

Loss of TR status in Canada

It is important for all temporary residents to understand that they have set responsibilities if they have come to Canada to visit, study or work. Check the wording in the bottom section of the Visitor Record, Study Permit or Work Permit document for the stated requirements.

If the expiration date of their TR document has passes, they are out of status. Visitors who were not issued Visitor Records have six months from the date of entry into Canada as the expiration date. The temporary residence period is one way to lose your status. It is also possible for IRCC to determine that you have not complied with any part of the immigration Act and your temporary resident status can be cancelled by immigration authorities.

Restoration of TR status in Canada

There are several things applicants can do to restore their temporary status. They could leave the country and re-enter but they run the risk of being refused admission because they have a history of over-staying in the country. The applicant has 90 days in which to apply for a restoration of their status. Failure to do so would result in a refusal decision. Otherwise, the student permit applicant must show he or she has been admitted for further study. Work permit applicants must show that they have an appropriate job offer. This option is risky because they have to convince the CBSA that they will leave the country at the end of their authorized stay. This is difficult if they have a record of overstaying. Second, it is important to remember that IRCC gives you a 90-day window to apply for restoration of your status in Canada. The failure to do so will result in an automatic refusal. Applicants who applied for a temporary residence extension have 90 days to apply for restoration from the date that IRCC refuses their extension request. Workers and students can’t continue to work or study when they apply for restoration. It is also important to note that submitting a restoration application does not exempt the applicant from a removal order. There is a chance that IRCC can enforce the removal.

Restoration of TR status

The restoration of TR status varies for different types of applicants. Visitors pay only the $200 restoration fee. Students must pay $150 for the study permit processing and $200 restoration fee. Workers must pay $155 for the work permit processing, $100 for an open work permit if applicable, and $200 for the restoration.

Good luck with your submissions and if you have any doubts about your options, consult with an immigration lawyer or a licensed Canadian immigration consultant. There are options and limitations when dealing with extensions and restorations of temporary resident status of visitors, students and workers.

Michael Scott is a Regulated Canadian Immigration Consultant (RCIC, R525678) who has 30 years of experience with Immigration Canada and the Manitoba Provincial Nominee Program. He currently works as a licensed consultant with Immigration Connexion International Ltd. Contact him at 204-691-1166 or 204-227-0292. E-mail: mscott.ici@gmail.com.