According to Canadian immigration law, all temporary residents have a mandatory imposed condition that they are required to leave Canada as soon as the work permit expires. However, section 181 of the Immigration and Refugee Protection Regulations (IRPR) states that temporary residents can apply for an extension of their authorized period of stay as long as they do so before it expires. Applicants who apply on time under section 181 can stay in Canada until Immigration, Refugees, and Citizenship Canada decides on the application. One will maintain legal status as a temporary resident while you wait.
Guidelines Stated by IRCC
First and foremost, one is required to be aware of when the temporary status is set to expire. If you let your status expire, you won’t stand eligible for maintained status and work until you restore your status.
To stay updated, one is required to submit an extension application before the status expires. Immigration, Refugees, and Citizenship Canada strongly recommend submitting the application time in advance can help avoid complications later.
It is extremely essential to research to know how an extension can affect the conditions of staying in Canada. If you apply for a renewal of the existing permit before the current one expires, you can continue to work or study in Canada under their existing conditions while waiting for IRCC’s decision on your extension application. If you’re looking to apply for a different type of permit, for instance from a work permit to a study permit, you will be required to stop working on the day the current work permit terminates.
Understand the Situations
If you awaiting IRCC’s decision and you leave the country, there might be an impact on your temporary residence status. Maintained status only applies for as long as someone remains in Canada. If you are on the maintained status and left Canada, you will be allowed to re-enter Canada as a temporary resident if you have a Temporary Resident Visa (TRV) or are exempt from the need to have a TRV.
Although, this does not mean you can resume working or studying in Canada until a decision is released on your application. In addition, when you try to re-enter Canada, you will be required to provide the Canada Border Services Agency (CBSA) official with evidence that you can financially support to sustain while waiting for your decision on your extension application. In a nutshell, it is not ideal to leave Canada at all while waiting for IRCC’s decision on the extension application.
If your extension application is approved by IRCC, you will be offered a new date for your authorized stay in Canada and continue to live and work under the conditions of your latest or extended work permit. If your application is denied, you will be considered in status until IRCC decides on your application. In case, your extension is refused, you have lost your status in Canada and you are no longer able to work or study. You will have 90 days from this point to apply to IRCC for your status restoration. While waiting for the decision, you will not be allowed to work or study but can stay in Canada.
Prove your Status
Proving maintained status isn’t complicated at all, it can be as simple as showing that you applied for an extension to your permit. It is sufficient to show that IRCC received payment for your extension application. You will require this proof for your employer or school. Also, it will help you regain entry into Canada in case you travel out of the country.
The most critical step in attaining maintained status is to be aware of when your temporary work permit is to expire and apply for the extension on time. IRCC states that it might take up to six months to process a temporary work permit.
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