In Canada, temporary residents usually need a visitor visa (except from visa exempt countries[1]), a study permit or a work permit to be able to enter Canada. Once they are in Canada, the time they are allowed to stay in Canada is provided in one of the following manners:
- stamped or marked in their passport; or
- subscribed in their work permit or study permit document
However, if the duration of a temporary residents’ stay is not provided in the above listed documents, the temporary resident will have six (6) months to stay in Canada from their date of entry.
What happens when the time a temporary resident is allowed to stay expires?
In this case, the temporary resident will have to immediately leave Canada or apply for a restoration based on a request to restore their original status. To avoid the pitfalls of having to immediately leave Canada and not have enough time to apply for Permanent Residence, the temporary resident should apply for a temporary resident extension at least 30 days before the expiry of their temporary resident visa.
The gap between the time the temporary resident submitted the extension application and the time he is waiting for a decision on their application is referred to as implied status. Implied status means that the Applicant can stay in Canada until a decision is made on their temporary resident visa extension. During the gap-time the Applicant is deemed as a temporary resident, and s/he can continue to work or study in accordance with their application. Most notably, during the gap-time the Applicant will not be removed from Canada.
If the extension is approved, the Applicant will be given a new date of expiry for their temporary visa. [2] If the extension is refused, the Applicant can apply to restore their status within 90 days of having lost status.[3] Once 90 days have passed the Applicant will have to depart from Canada. However, the applicant can apply for other applications, such as a Temporary Resident Permit.[4]
The process of elongating your stay in Canada can involve complex legal issues, please contact our office for a consultation on temporary resident status.
[1] Even if the Applicant is from a visa-exempt country, it depends on the officer whether they want to lessen the 6 month visit with a visitor record.
[2] The Applicant can apply for an extension of their temporary resident visa as many times as they prefer. Note that for visa-exempt countries, the Applicant will have to apply for a visitor record extension.
[3] While waiting for a response for a visa restoration, the Applicant cannot work or study, respective to their initial application.
[4] Temporary Resident Permits are usually an avenue that can be pursued for Applicants who are found inadmissible to gain temporary resident status, not permanent resident status.