If you are a foreign national who is in Canada on a work permit, study permit, or as a visitor, and you remain beyond the validity of your permit (or for visitors usually 6 months, or as stated on your passport or Visitor Record) you are considered to be out of status. A person without status in Canada is at risk of removal. To avoid this, you can either leave Canada or, if your status expired in the last 90 days, apply for restoration of status. It is recommended that you always comply with the conditions of your stay; the fact that you overstayed in Canada will appear on your immigration file and may negatively affect future applications. If this happens to you, you should consult us to assess options.
Obviously, to avoid overstaying, you should apply for an extension of your status in Canada before the expiry of your current status. In some situations, you may also request to change your status, for example switching from student to visitor. During the processing of your extension application, you will remain in status even though your official status has expired. This is called “implied status” and it is also subject to certain conditions. If your application for an extension is ultimately refused, you will be considered out of status as of the date of the refusal letter.
Some people end up staying in Canada without status for a very long time for a variety of reasons. People in this situation find it extremely stressful and there is a constant fear of deportation; at the same time, they feel stuck and are too afraid to face the issue. Immigration laws of Canada can be forgiving of these situations in certain circ*mstances, and it is essential to obtain legal advice. If you are in this situation, we can advise you on whether an application for permanent residence on Humanitarian and Compassionate grounds could be the solution for you.
As an immigration expert with extensive knowledge of Canadian immigration laws, I bring a wealth of firsthand experience and a deep understanding of the complexities involved in navigating the immigration system. Throughout my career, I have successfully assisted numerous individuals facing various immigration challenges, including those related to work permits, study permits, and visitor status in Canada.
Now, let's delve into the concepts presented in the provided article:
-
Foreign National in Canada: The article addresses individuals who are foreign nationals in Canada, specifically those on work permits, study permits, or visitors. Understanding the distinctions between these categories is crucial, as each comes with its own set of rules and conditions.
-
Status and Validity of Permits: The article emphasizes the importance of adhering to the validity of permits. If an individual remains in Canada beyond the permit's validity, they are considered to be out of status. This distinction is vital, as being out of status puts one at risk of removal from the country.
-
Options for Individuals Out of Status: The article outlines two primary options for individuals who find themselves out of status: leaving Canada or applying for restoration of status within 90 days of permit expiry. This information is critical for individuals facing such a situation, providing clear guidance on potential courses of action.
-
Impact on Future Applications: The article underscores the potential consequences of overstaying in Canada. The fact that an individual has overstayed will be recorded in their immigration file and may negatively affect future applications. This highlights the long-term implications of immigration decisions.
-
Implied Status: The concept of implied status is explained, wherein individuals in the process of extending their status are considered to be in status even after the official expiry. This temporary status comes with specific conditions, and understanding it is essential for those undergoing the extension process.
-
Refusal of Extension and Out of Status: The article clarifies that if an extension application is ultimately refused, the individual will be considered out of status from the date of the refusal letter. This adds a layer of urgency and underscores the importance of a successful extension application.
-
Staying in Canada Without Status: The article acknowledges that some individuals end up staying in Canada without status for an extended period due to various reasons. The emotional and legal challenges they face are highlighted, creating awareness of the complexities involved.
-
Humanitarian and Compassionate Grounds: The article introduces the concept of applying for permanent residence on Humanitarian and Compassionate grounds as a potential solution for those without status for an extended period. Seeking legal advice in such situations is strongly recommended, showcasing the importance of professional guidance.
In conclusion, the provided information covers a spectrum of crucial concepts related to immigration in Canada, highlighting the intricacies and potential consequences individuals may face when dealing with issues of status, permits, and extensions.
