Canada has introduced modifications to its immigration laws, affecting the way temporary residents can lawfully reside in the country.
The update focuses on maintaining status, which is an issuance that allows international citizens to remain in Canada while their request to extend their status is being processed.
This guideline adjustment primarily impacts international employees, foreign students, and guests, who are mostly people who file more than one request to prolong or modify their status.
Maintained status, initially described as implied status, permits temporary residents to stay in Canada lawfully after their original permit expires, provided they have presented an extension request before the date of expiration.
While under a maintained status, people can proceed to settle in Canada under the same requirements as their ceased permit until a decision is made on their application.
NEW LAWS ON MULTIPLE APPLICATIONS WHILE ON MAINTAINED STATUS
The Canadian authority has launched key guideline modifications concerning multiple immigration requests presented while on maintained status.
If you are on maintained status and file a second request to prolong your visit before a judgment is given on your first request, be careful of:
- If the first request is denied, the second request will also be rejected and sent back.
This is a key departure from past guidelines, which often permitted a second request to maintain your approved visit, even if it was not related to your job or study.
- If you present a second request before your first permit expires (and before the first request is determined), you may stay in Canada lawfully while it is being processed.
Hence, you will not be approved to work or study until the second request is endorsed. This is a crucial point for several candidates.
FILING A SECOND REQUEST AFTER THE EXPIRATION OF THE PERMIT
On the other hand, if your second request is presented after your original permit has ceased (implying you are already on maintained status), and your first request is rejected, you instantly forfeit your lawful status. In this case, you would be required to make an application for a “restoration of status” if you qualified for a more complex procedure.
These modifications highlight the significance of cautious planning and timely presentations. It is more important than ever to ensure that your first request is complete and accurate.
MEANING OF A TEMPORARY RESIDENT PERMIT (TRP)
A temporary resident permit (TRP) is a unique approval provided by Immigration, Refugees and Citizenship Canada (IRCC) that permits individuals who would otherwise be inadmissible to Canada to enter or remain in the country for a specified duration. Motives for inadmissibility may include medical problems, criminal acts, or other factors.
MAJOR ATTRIBUTES OF A TEMPORARY RESIDENT PERMIT (TRP) INCLUDE:
- Discretionary: Provided on case-by-case grounds
- Restricted time: Authentic only for a certain duration.
- Conditional: This may be subject to job or study limitations.
- No direct route to permanent residency: This does not directly result in permanent residency.
Canada clearly distinguishes between temporary resident status and temporary resident permits (TRPs), two conditions that are often confused.
Temporary Resident Status is awarded to guests, students, and employees who go into Canada lawfully under section A22(1) of the Immigration and Refugee Protection Act (IRPA).
This status is extensible under Section R181, permitting persons to retain their status at the time of the renewal procedure, provided the extension request is filed before the original permit expires.
While waiting for a decision on the extension, they are commonly allowed to continue working or studying.
On the contrary, a Temporary Resident Permit (TRP) is provided to persons who are otherwise inadmissible to Canada under section A24 of the IRPA.
Temporary Resident Permits do not automatically extend; each permit requires a new request. Contrary to Temporary Resident Status, there is no maintained status at the time of the renewal procedure for Temporary Resident Permit holders, implying that they are required to wait for a decision before proceeding with work or study in Canada.
WHAT TEMPORARY RESIDENT PERMIT HOLDERS SHOULD KNOW
Holders of Temporary Resident Permits (TRPs) are technically categorized as temporary residents but do not become eligible for permanent residency.
- If a Temporary Resident Permit holder presents a new TRP request, they are not protected under the maintained status laws.
- Temporary resident holders are required to wait for a judgment before they continue to work or study in Canada.
- Work or study permits cannot be prolonged or renewed while waiting for a decision on a new Temporary Resident Permit.
CRUCIAL HINTS FOR EXTENDING YOUR STAY IN CANADA ON TEMPORARY PERMITS
- Submit any new requests before your current status changes.
- Do not depend on presenting multiple requests to keep legal status.
- If your first request is denied and the second was filed very late, you are required to stop working or studying instantly.
- If you fall out of status, consider applying for restoration of status immediately.
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