How to stay longer in Canada if temp residence status expires

What to do if your temporary status is about to expire in Canada and you can't fly home

Is the visa that’s giving you a temporary residency approaching its expiry date? Are you one of those foreigners tensed who is not allowed to leave Canada owing to travel restrictions to prevent COVID-19 pandemic from spreading? Would you like to be allowed to stay legally in Canada for some more time?

The Canadian government has taken you into consideration. In a new measure related to Canada immigration, foreigners like you may be allowed to stay longer in Canada by extending your temporary residency status. Just explain and convince the IRCC the reason for your decision to stay back in Canada.

If you are a temporary resident stuck in Canada, with a visa nearing expiry, you can now apply online for an extension of stay. You must apply in advance, i.e., before your visa expires. While applying, you must pay the stipulated biometric fees along with the application.

If you have already an application under process, you can still live in Canada until there’s a decision made on your application. This also rules out any haste required in processing your application by the IRCC. You are allowed to stay and work in Canada.

Also, beware that no waivers are granted to you on the fees payable for applying for a temporary residence application or an extension to one. The only exception is the specific fee waivers granted under a public policy.

Do you know that Canada’s immigration officers are given specific instructions regarding processing your visa extension application? Those includes:

  • Immigration officers must make sure if international air travel is closed and if commercial air travel is possible to your country of origin or destination.
  • Immigration officers are not obliged to refund any amount you paid as fees if you haven’t submitted biometric information.

What if your visa status expired?

If your temporary visa status has expired, don’t worry! You will still have 90 days to after your status has met its expiry. You must nevertheless pay processing and restoration fee that’s applicable. To be eligible for restoration, the following conditions apply:

  • You must have been residing in Canada on a valid temporary visa between January 30, 2020, and May 31, 2021.
  • You must have lost your temporary resident status between January 30, 2020, and May 31, 2021.
  • You must have been staying in Canada since your first entry into Canada.

A processing fee of $200 has to be paid too.

How does restoration happen?

  • If you are eligible for restoration, your application will be assessed by an immigration officer.
  • In case you meet all requirements, the concerned officer will issue a visitor record. Otherwise, the appropriate stay permit that lists out the conditions for restoration of status will be issued.
  • The document will then be mailed to you, the applicant.

However, if you turn out to be ineligible for restoration, a decision will come from the Minster’s delegate. It’s this official who will decide on the disposition of your case. The result could be either of the following:

  • The delegate will refer your case to a hearing for your admissibility
  • The delegate will issue an order for departure
  • The delegate will let you stay in Canada

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Note:

IRCC – Immigration, Refugees and Citizenship Canada

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