It was reported in the annual report of parliament on immigration that 256,740 study permit holders and 326116 temporary work permit holders reside in Canada in 2020. Both types of people are classified as temporary residents and represent a portion of the country’s population. Here you will find information about maintaining, losing, and restoring Canadian temporary resident status.
TRs make up a significant portion of Canada’s immigration picture because so many foreigners apply for entry every year.
Canadian temporary resident status – ways to maintain it
The holder of a work permit or student permit must have maintained their status to continue to reside in Canada under the terms of their initial permits. As a result, they are permitted to do so while awaiting the result of their renewal application.
Maintaining TR status in Canada requires submitting the permit renewal request at the right time and date. A TR’s status is preserved if a renewal application is received by midnight UTC on the date of expiration of the first permit. To make all applicants’ time equal, UTC is used.
Temporary resident in Canada can lose their status in a variety of ways
If a TR applicant does not properly contribute to maintaining their status in Canada, then they risk losing it. As a temporary resident, you may experience this for a variety of reasons, such as study, employment, or travel.
- They may become ineligible for temporary residence if their visas have expired.
- Whether or not the IRPA has been violated.
- They could be stripped of their temporary residency permits if they are revoked.
Ways to restore the Canadian TR status after losing it
It is possible in any situation for a foreign national to have their TR status in Canada reinstated.
An officer will determine whether a foreign student, employee, or visitor meets the initial requirements for their stay, has met all other conditions, and is not subject to a declaration under subsection 22.1(1) [of IRPA] before deciding whether to restore them. Status restoration is not possible for Temporary Resident Permit (TRP) holders who let their status lapse; a new permit application must be submitted instead.
Note (1) for students with TR status: Evicting TR with a student’s permission will not reinstate their TR status.
- Students who are not enrolled in/aren’t staying at a designated learning institution.
- Failure to follow their course of study or program diligently.
Note (2): Restoration of status is only possible if the applicant’s TR designation matches the one they had before losing it. Students who lose their status and intend to restore it can apply for status restoration as TRs with permission to study in Canada, but cannot apply as TRs with permission to work.
Eligibility for restoration of TR status
In addition to the previously mentioned requirements, applicants must also:
- Applicants must apply within 90 days of losing their status.
- You should remain in Canada until a decision has been made.
- Other than following the condition, you have not violated any automatic regulation R183 or R185.
- Meet all TR requirements as well as the requirements of any study or work permit.
- Loss of status results from not complying with three specific conditions.
Below are the conditions that were determined to apply to the applicant:
- Extending your stay in Canada beyond what was permitted.
- Working in an activity, with an employer, or in a location that is not permitted under their initial TR application.
- The student is taking a course or studying for a period of time that is not permissible by the TR application, the educational institution, or the time and place of the study.
A fee of the TR status restoration
- The restoration fee for visitors is $200
- Study permit processing fee: $150 + $200 restoration fee
- Restoration fee of $200 + work permit fee of $155 for workers
Supporting Canadian TR holders in maintaining, restoring, or preventing their status
Temporary residents might have difficulty staying away from circumstances that could lead to their loss of TR status. But working with an immigration lawyer can make things much easier. A lawyer specializing in immigration law can:
- Providing assistance in preparing an application
- Make sure applicants do not make mistakes
- Respond to the Canadian government on behalf of an applicant
- During the application process, use their expertise to prevent unnecessary delays
