Canada has introduced significant changes to its immigration laws that could affect the way temporary residents lawfully visit the country. The key update is the concept of maintained status, which allows international citizens to stay in Canada while their extension request is being processed. Understanding these changes is crucial for all temporary residents.
This guideline adjustment primarily impacts international employees, students, and visitors, who are mostly individuals filing more than one application to prolog or modify their status.
Meaning Of Maintained Status In Canada
Formerly known as Implied Status, Maintained Status permits temporary residents to remain in Canada lawfully even after their original permit expires, provided they have made an application for an extension before the expiration date.
This law protects:
- Visitors
- Work permit holders
- Study permit holders
People with a maintained status can continue to settle in Canada under the same requirements as their ceased permit until a judgment is made on their request.
What Is Modified In The Maintained Status Policy And Its Implications
The Canadian authority has launched a significant revision about multiple requests filed while on maintained status. Below is the breakdown:
1. One Request At A Time
If you are on a maintained status and submit a second request to prolong your visit before a judgment is made on your first request, be cautious. If the first request is subsequently denied, your second request will also be rejected and sent back. This change introduces a new level of caution and awareness in the application process.
For instance, if your first request was for a work permit extension and your second request is for a study permit extension, the second request will be rejected if the first one is denied. This is a significant departure from past guidelines, which often permitted a second request to maintain your approved stay, even if it was not related to your job or study.
2. No Work/Study On Second Request (Pre-Expiry)
If you present a second request before your first permit ceases (and before the first request is determined), you may stay in Canada lawfully while it is processed. Hence, you will not be approved to work or study until that subsequent request is endorsed. This is a crucial point for several individuals.
3. Instant Out Of Status (Post-Expiry)
If your second request is presented after your original permit has ceased (implying you are already on maintained status) and your first request is then rejected, you instantly forfeit your lawful status. In this event, you would be required to make an application for a “Restoration of Status” if you are qualified. This is a more complex procedure.
These modifications underscore the importance of careful planning and timely requests. It is more important than ever to ensure that your first request is complete and accurate. This responsibility is key to a successful application process.
The Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is a unique approval provided by Immigration, Refugees, and Citizenship Canada (IRCC) that permits individuals who would otherwise be inadmissible to enter or remain in Canada for a specified duration. This could be due to medical inadmissibility, criminal acts, or other reasons.
Significant Features Of A Temporary Resident Permit (TRP):
- Preference: Provided case-by-case
- Restricted duration: Authentic for a particular duration.
- Conditional: May possess work/study limitations.
- Not direct permanent resident: This does not directly result in permanent residency.
Temporary Resident Permit And Temporary Resident Status
Canada clearly distinguishes between temporary resident status, which is the legal status of a person in Canada for a specific period, and temporary resident permits (TRPs), which are special permissions granted to individuals who would otherwise be inadmissible to enter or remain in Canada for a specified duration.
|
Factor |
Temporary Resident Status |
Temporary Resident Permit (TRP) |
|
Who obtains it? |
Students, guests, and employees are going into Canada lawfully. |
People who are otherwise inadmissible to Canada |
|
Awarded under |
Immigration and Refugee Protection Act (IRPA) A22 (1) |
Section A2A of IRPA |
|
Can it be extended? |
Yes, through Section R181 |
There is no automatic extension; each Temporary Resident Permit is a new request |
|
Maintained status at the time of renewal? |
If the extension is filed before expiration, yes. |
No maintained status; you are required to wait for the decision on your Temporary Resident Permit. |
|
Yes, if the extension is filed before the date of expiration. |
Can I proceed with work or study? |
No, not until the Temporary Resident Permit is endorsed. |
What Temporary Resident Permit Holders Should Understand
Holders of Temporary Resident Permits (TRPs) are technically in the Temporary Resident category; however, they do not become eligible for permanent status.
- If a temporary resident permit holder presents a new Temporary resident permit request, they are not protected under the maintained status laws.
- They are required to wait for a decision before they continue to work or study in Canada.
- The same applies to their capacity to prolong work or study permits; these cannot be continued while waiting for a decision on a new Temporary Resident Permit.
Meaning Of This For Travelers And Candidates
If you are in Canada on a temporary permit and required to extend your visit:
- Submit any new requests before your current status expires.
- Do not depend on multiple requests to keep your legal status.
- If your first request is denied and the second was filed too late, you are required to stop working or studying instantly.
- If you are out of status, consider applying for restoration of status as soon as possible.
Canada’s new guideline on maintaining status highlights the importance of timely and accurate immigration filings. For international students, temporary employees, and tourists seeking ways to extend their stay, understanding the differences between temporary status and a Temporary Resident Permit (TRP) is crucial to avoid unintended consequences.