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? ]
Michael Niren

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

  • 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?

    • 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.

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.

Customer Reviews

Spectacular experience. Completely smooth process, they were able to answer any of my questions any time and I had peace of mind throughout the application time, which was invaluable. I have recommended them to other friends looking for assistance with their applications, and will continue to do so. Worth every penny.

Faith Cheongin the last week

Here, I would like to say thank you so very much for your kind support on extension my visit visa. I am touched and beyond words, I am grateful and thankful for your always help and cooperation. Have a wonderful day.

Setareh Rasaeiin the last week

Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.

Charity Musa2 months ago

Associations