According to the immigration, refugee, and citizenship Canada (IRCC), temporary residents are allowed to come to Canada within three types: visitors, students, or workers. In all conditions, they will be considered as temporary residents which are given for a defined and fixed period of time.
All those temporary residents who overstayed in Canada and allowed their visas to expire are technically out of status. Even the law grads also have to leave Canada immediately, as the immigration policy has put together a certain degree of flexibility in their system.
In case one doesn’t extend their visa prior to expiry they will gradually come under restoration of their status.
As the clients have 90 days from the date their status expired to submit their restoration application and the corresponding fee.
Few reasons a temporary resident may have possibly lost the status include:
- they are no longer attending college/university for which they received the study permit
- they are no longer working for the employer for whom they received their work permit
- they stayed longer than their authorized stay.
Implied status:
If the individual wants to maintain their status until a decision is made on their application. implied status is what’s come in aid at that as means when an individual submits their restoration application before the 90-day cut-off mark. Thereby, a visitor can continue to stay, a student may continue with their study until a decision is made on the extension application.
What if the 90-day cut-off mark has passed? An individual can still apply for restoration but does not hold an implied status, which means they can’t work or study in Canada until a decision is made.
Eligibility to apply for restoration status, the applicant must:
- apply within 90 days of having lost their status
- meet the initial requirements for their stay
- have not failed to comply with any condition( eg: working without being authorized to do so )
- meet the requirements of the class under which they are currently applying to resort as a temporary resident
- have lost their status because they have failed to comply with any of the following conditions:
- Paragraph R185(a) the period authorized for their stay.
subparagraphs R185 (b)(i)to (iii) the work they are permitted to engage in or are prohibited from engaging in, in Canada, including the
- type of work
- employer
- location of work
paragraph R185 (c) the studies they are permitted to engage in or are prohibited from engaging in, in Canada, including the
- type of studies or course
- educational institution
- location of the studies
- times and periods of the studies
Thereby, as a responsible person, one shall leave Canada once getting a negative response as if they overstay it may end up adversely affecting their future and also make them unable to get departure, exclusion, or deportation order.
