Canadian Temporary Resident status can be maintained in a variety of ways.
Canadian Temporary Residents can be classified into two main groups: study permit holders and temporary work permit holders. The latest Annual Report of 2021 states that Canada welcomed 256,740 study permit holders and 326,116 temporary work permit candidates under the Temporary Foreign Worker Program and the International Mobility Program in 2020. The majority of the temporary residents fall under the above two categories only.
Moreover, Canadian Temporary Residents contribute significantly to Canadian immigration due to the immense numbers of foreign nationals seeking to work in Canada every year.
Ways to maintain TR status for Canadian Temporary Residents
If a foreign national possesses a maintained status, it implies that he or she will be able to function or work in Canada based on the earlier work permit while they wait for its renewal.
For instance, they can continue working under one employer if they have a work permit. Conversely, if they hold a study permit, they can continue to study in the same Canadian school or institution. The situation will continue until the renewal of their permits (study/work).
The main factor responsible for maintaining a Canadian TR status is the time and date when the candidates submit their permit renewal application. Coordinated Universal Time keeps time equal for all applicants. Therefore, IRCC demands all candidates submit their renewal applications before midnight UTC on the day of their earlier permit’s expiry.
Possibility of Temporary Residents losing their TR status
Applicants who fail to work properly to maintain their Temporary Resident status might lose it. Anyone who visits Canada temporarily for study or work purposes or any other reason might lose the TR status under the following conditions:
- In case their temporary resident duration is over or the visa expires.
- Supposedly, if they are guilty of not adhering to rules under the Immigration and Refugee Protection Act.
- In the case of cancellation of the temporary resident permit.
Process of restoring their lost Canadian TR status
A foreign national losing his or her Canadian TR status can certainly restore it. At the time of renewal, the immigration officer will assess and evaluate the foreign national, either student or a worker. Additionally, he will verify his eligibility for their stay and also check all other conditions. The officer will ensure that no conditions fall under a declaration of the IRPA subsection 22.1(1). The officer will take any restoration decision further after verifying all these factors.
Temporary Resident holders who let their permit and status expire won’t have the right to restore their status. Furthermore, they will need to apply for a permit again.
Students who hold temporary residence will not have the right to restore their status in the following circumstances:
- In the case of not being enrolled in a Designated Learning Institute or continuing to be present until the completion of studies.
- If they fail to participate actively in their study program or course of study.
Restoration status only becomes possible for applicants before they lose their status. It must align with their TR designation before their loss of status. For instance, a student with lost TR status seeking to restore it can apply with the authorization to study in Canada. However, they will not have the right to restore their lost status through work.
Eligibility conditions concerning the restoration of status
On the whole, to gain eligibility for restoration status, applicants must adhere to the following:
- The candidate must apply within 90 days’ timeframe of losing the status.
- They will continue to live in Canada until a final decision comes out.
- Have been able to adhere to conditions forced by regulation (R 183) or imposed by an officer (R 185).
- They must remain on track to fulfilling temporary resident requirements and other study or work permit requirements.
- In the case of losing their status because they couldn’t adhere to the three main particular conditions. Furthermore, this point or factor includes the following conditions for an applicant:
- Continued to stay in Canada beyond the period of authorization.
- Involving in work that is beyond the work type, employer, and location related to their former TR application.
- Being a part of studies that don’t comply with the former TR application’s study type, institution, duration, and location of study.
Canadian TR status and the restoration fee
For visitors, the standard restoration fee is only $200, while for students, it is also $200. On the other hand, for processing the study permit, the fee is $150. Additionally, the standard processing fee for workers is $ 200, and $155 is for processing the work permit.
Temporary Resident status- maintenance, loss prevention, and restoration process
Temporary Residents in Canada might find it challenging to prevent the loss of their status. However, immigration lawyers can make it more convenient. Hence, immigration professionals can do the following:
- They support applicants in preparing more accurate applications.
- Keep applicants away from silly mistakes or even blunders in the application.
- They also communicate with the government on behalf of their applicants.
- Help achieve a faster application process by avoiding unnecessary delays.
