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My friend’s Temporary Residence Status in Canada expired. He failed to apply for Restoration of his status within 90 days of his expired status. However, he was recently offered a new job in Canada with an approved Labor Market Opinion (LMO) from Service Canada.
Canada Immigration advised him to go back to the Philippines where he is from. Is this the correct advice? If so, how long will it take for him to get his Visa to return to Canada?
A. When someone is in Canada as a temporary resident whether it’s for visitation, work or study and that status expires, there is a 90 day period within which to apply for Restoration of that status. This application can be made from within Canada. However, if the Restoration application is not made on time, then are no options other than making a Humanitarian and Compassionate application (if appropriate). In most cases, the applicant will indeed have to leave Canada and apply to a Canadian Embassy or Consulate from outside Canada. The problem is that the overseas Visa Post may refuse this application due to the fact that the applicant overstayed his or her status in Canada in the past. In other words, this past “immigration violation” could come back to haunt the applicant in any future application. It is therefore very important to show, in addition to the qualifications of the applicant, proof that there will be no future overstays or immigration violations despite mistakes made in the past. Not an easy hurdle to overcome.
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