There are different types of immigration categories that allow individuals to temporarily remain in Canada. You may come on a work permit, study permit or as a visitor. Depending on the visa that you have and when it expires, you will be required to leave Canada at the end of the period authorized for your stay. Understandably though, sometimes your visa may expire and you are now out of status. Although Citizenship and Immigration Canada (CIC) requires that you leave Canada immediately, there are still options available to you which may allow you to remain in Canada longer or on a permanent basis. Our Immigration Consultant Toronto professionals can help you restore your status.
Option #1: Restoration of temporary status
If your current temporary visa has expired and you are now considered to be “out of status,” you have a grace period of 90 days after the date of expiry to apply to restore your status. The government has allowed this 90 day window as a restoration period and will not, under any circumstances, allow extensions.
You may restore your status to the one that was held prior to its expiry, or, you may be eligible to restore in a different category. For example if you were originally here on a study permit and lost your status, you may now apply for a work permit (given that you meet all the requirements and have the documentation). The qualified Immigration Consultant Toronto experts at our firm will help you through the entire process and help you get a positive decision.
Option #2: Temporary Resident Permit
If your status has expired and the 90 day grace period has also elapsed, you may still apply for a Temporary Resident Permit. You may be eligible for this if you can establish that the need for you to remain in Canada outweighs the burden it may cause to Canadians (socially, economically, etc.). There are also other factors that are considered in a TRP application.
Option #3: In-Land Spousal Sponsorship Application
If you are currently in Canada and you are out of status, you may still be sponsored as a member of the family class by your spouse or common law partner. Even if you are outside of the 90 day restoration period and you do not qualify for a TRP, your spouse is still eligible to sponsor you given that all other requirements are met. Please keep in mind that all other inadmissibility factors will still be evaluated but the fact that you are out of status will not impact the decision of the application. Contact us today and our Immigration Consultant Toronto professionals will provide you with a free consultation so that you have all the information you need.
Option #4: In-Land Humanitarian and Compassionate Grounds
A final option for you to remain in Canada if you are out of status, is to file an application based on Humanitarian and Compassionate considerations. In this application, there several factors that are evaluated. Such as:
• The reasons why the applicant cannot or does not apply for Permanent Residence from outside of Canada, as required by the Act
• Whether or not the applicant would face excessive and/or disproportionate hardship if his application is not granted
• The best interests of any child(ren) involved
• Family relationships in Canada
• General establishment in Canada
• Ability to re-establish overseas (if application is denied)
• Inadmissability factors
• Other considerations
It is important to note that an application for Humanitarian and Compassionate considerations does not guarantee you a stay order in Canada. If there has been a removal order enforced against you, you are still required to leave the country as per the arrangements with CIC and the Canada Border Services Agency (CBSA). If this is the case, your application for H&C considerations will still be processed and the decision will be mailed to you.
As you can tell there are quite a few options that may be available to you if you are out of status and want to restore it. Immigration matters are very complex and can be overwhelming to deal with yourself. It is important that you get the right legal advice from a qualified Immigration Consultant Toronto expert, so that you can make an informed decision. Our leading Toronto Immigration Consultants will help you restore your status so that it does not lead to further problems. We offer a free consultation and offer flexible payment plans. Contact us today to schedule your consultation with one of our Immigration Consultants in Toronto.
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