Understand how a Canadian temporary resident can retain, lose and restore their status
According to the 2021 Annual Report to Parliament on Immigration, Canada had 256,740 study permit holders and 326,116 temporary work permit holders (under the Temporary Foreign Worker Program (TFWP) and the international mobility (PMI)) in 2020. two groups make up part of the country’s population identified as temporary residents (TR).
TRs are a big part of the immigration picture in Canada due to the number of foreign nationals seeking to enter Canada each year.
Maintaining TR status in Canada
Maintaining status means that a foreign national who is awaiting renewal of their permit can continue to operate in Canada under the terms of their original permit — e.g. work for the same employer if under a work permit or study at the same school if under a study permit — until a decision is made on their renewal application.
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The key to maintaining TR status in Canada is the date and time of license renewal application. Using UTC (Coordinated Universal Time) to make time equal for all applicants, Immigration, Refugees and Citizenship Canada (IRCC) requires that all renewal applications be submitted by midnight UTC on the day an individual’s initial permit applicant expires to maintain TR status.
Different ways a TR in Canada can lose their temporary resident status
If an applicant does not work properly to maintain their TR status in Canada, they may lose it as a result. There are three main reasons why this can happen to someone who has come to Canada as a temporary resident to study, work or visit.
1. If their period of temporary stay is over/their visa has expired
2. If it has been determined that they have failed to comply with any part of the Immigration and Refugee Protection Act
3. If their temporary residence permit is canceled
What can someone do to restore their Canadian TR status after losing it?
In all circumstances where a foreign national loses their Canadian TR status, there is a process to restore it.
At that time, an officer will examine the foreign student, worker or visitor to assess whether they « meet the initial requirements of their stay, [have complied] with [all] other conditions and are not the subject of a declaration made under subsection 22.1(1) [of IRPA]” and make a restoration decision accordingly. Temporary Resident Permit (TRP) holders who allow their status to expire cannot apply for restoration of their status and must instead apply for a new permit.
Note (1) for students with TR: Temporary residents with student permits will not have their TR status restored if they are
- are not enrolled in a designated educational institution / do not remain there until the end of their studies
- not actively pursuing their course or program of study
Note (2): With respect to restoration of status, it is only possible for an applicant to receive restoration corresponding to their TR designation prior to loss of status. For example, if a student who has lost their status wishes to restore it, they can apply to restore their status as a TR with authorization to study in Canada, but they cannot attempt to restore their status as a TR with authorization to study in Canada. work.
Restoration of TR status: eligibility
In addition to the above, to be eligible for restoration of TR status, applicants must:
- Apply within 90 days of loss of status
- Stay in Canada until a decision is made
- Have not breached any condition automatically imposed by regulation [R183] or by an officer [R185]other than those listed below
- Continue to meet temporary resident requirements and work or study permit requirements, as applicable
- Lost their status only because they failed to meet certain three specific conditions
The conditions encompassed in the last point above include that the plaintiff has been judged:
- Remain in Canada beyond the period authorized for their stay
- Engage in work that does not fall within the type of work, employer, or workplace required by their original TR application
- Engage in studies that fall outside the type of study/course, educational institution, hours and periods of study, or location of study mandated by their original TR application
Restoration of TR status: costs
- Visitors: $200 standard catering fee only
- Students: $200 standard dining fee + $150 study permit processing fee
- Workers: $200 standard restoration fee + $155 work permit processing fee
Note: The Canadian Government Coding Manual clarifies certain circumstances in which fee waivers may apply.
Get help maintaining, preventing the loss of, or restoring TR status in Canada
It can be difficult for Canadian temporary residents to ensure that they avoid situations where they could lose their TR status. However, retaining the services of an immigration lawyer can make things much easier. Immigration law professionals can:
- Assistance in preparing an application
- Make sure candidates avoid mistakes
- Responding on behalf of an applicant to the Canadian government
- Use their expertise to avoid unnecessary delays throughout the various application stages and application processing
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