Temporary Residents need to leave Canada once their work permit expires according to the law of Canadian immigration. However, according to the Immigration and Refugee Protection Regulations (IRPR) section 181, temporary residents have a chance to extend their stay, provided they do so before their work permit expires. Candidates who take help of the section 181 can prolong their stay until IRCC finalizes their decision on the applications. This way temporary residents could maintain their legal status while waiting for the decision on the application.
Consider IRCC’s rules and regulations
Firstly, the candidates must have an awareness of when their temporary status will be expiring. Once your temporary resident’s status expires, you will lose the eligibility to get a maintained status. You will lose your chance to continue working until you retain your status.
To retain your status, you must apply for an extension before the expiry of the work permit. IRCC suggests candidates apply for an extension with a considerable amount of time left to avoid any delays or issues.
Conduct proper research
It is crucial to understand the extension’s impact on the existing conditions of residing in Canada. If you seek renewal of an existing work permit that will soon expire, you have the chance to continue living and working in the country. You can do so while you wait for IRCC to give their final decision on the extension application. In case you seek to apply for a study permit from a work permit, you will have to discontinue working from the day your existing work permit expires.
Review all the conditions
Seeking a maintained status in Canada implies that you will have to remain in Canada while you wait for IRCC’s final decision. Leaving Canada amidst the waiting period will put you in a difficult position concerning your temporary resident status. Possessing a maintained status means you have permission to admit into Canada, provided you have a TRV or have been exempt from having one. This condition doesn’t indicate that you can continue studying or working in the country without getting a decision from IRCC. Additionally, trying to re-admit into the country also means that you need to prove to have enough finances to sustain yourself while waiting for the decision. On the whole, leaving Canada won’t be a great idea at all while the waiting period continues.
IRCC on making the final decision
Once IRCC approves your work permit extension application, you will receive a fresh date to prolong your legal stay in Canada. Your new work permit will lay down the conditions for your stay in the country so that you can continue working there.
Once the department rejects your extension application, you will have to leave the country. Your status will remain in effect only until IRCC decides to reject it. A refusal by IRCC implies that you can no longer work, study or live in the country. After this, you will have to wait for another 90 days to restore your status. Waiting for the decision permits you to reside in Canada but you won’t be able to work or study there.
Prove your maintained status
Demonstrating your maintained status simply requires the candidate to present proof of applying for a permit extension. They could present proof of payment for the extension application. An employer or a school might require such proof. If the candidates had to leave the country, they have the chance of coming back here.
Conclusion
One of the most vital steps in receiving the maintained status is to become aware of the temporary work permit’s expiry. The immediate next step will be to apply for a new one in advance. IRCC claims that it might take approximately six months to process the extension applications for a temporary work permit from within Canada.
