US & Canada Immigration News

Toll-Free: 1-866-929-0991

Outside of North America: +1-416-410-7484

Fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and immigration options.

My Temporary Resident Status in Canada Expired. Do I now have to leave?

Temporary Resident Status in Canada Expired?

Q. Hello,

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?

Thank you!

______________________

What to do if your Temporary Resident Status in Canada Expired

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.

[gravityform id=1 name=Havea Question? ]

It's only fair to share...Share on FacebookShare on Google+Tweet about this on TwitterShare on LinkedIn

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

Vote for Our Blog! Our blog has been nominated for Best Legal Blog of 2017 by The Expert Institute.

2 thoughts on “My Temporary Resident Status in Canada Expired. Do I now have to leave?

  1. Shawnett J

    I am applying for PR in Canada along with my husband. We will not be bringing his daughter with us. However we would have to declare her as a dependent and she is visually impaired. Will she affect our medical exam or cause us the fail the medical exam?

    Reply
    1. Michael Niren

      Hello
      That is a good question. If she is excluded from the application as a permanent non-accompanying dependent, then her medical condition should not be a factor in your or your husbands admissibility to Canada. However, this is a matter that should be reviewed by an immigration lawyer as medical inadmissibility issues are complicated.

      Reply

Leave a Comment:

Your email address will not be published.

 

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Associations