Maintaining status permits temporary residents to maintain their legal recognition in Canada while IRCC processes their application to renew their temporary stay.
Following Canadian immigration rules, all temporary residents are expected to depart the country upon the expiration of their work visa.
Furthermore, section 181 of the Immigration and Refugee Protection Regulations (IRPR) specifies that temporary residents may request to extend their permitted duration of residence as long as they do so before the expiration of their current authorization.
Those who utilize section 181 are permitted to remain in Canada until Immigration, Refugees and Citizenship Canada (IRCC) decides on their application. You will preserve your legal status as a temporary resident during this time.
Follow the IRCC’s instructions.
First and foremost, it is essential to know when your temporary status will expire. Allow your temporary status to expire. You will no longer be eligible for maintained status and cannot work until you can restore your status.
To maintain your status, you must submit your extension application before the expiration of your current status. IRCC advises applicants to submit their applications with plenty of time to spare to prevent problems.
Invest your time in research
It is also crucial to understand how a visa extension may affect the terms of your stay in Canada. Seek to renew an existing permit before the expiration of your current permit. You can proceed to work or study in Canada under the terms of your current visa while you await IRCC’s decision.
If you want to apply for a different form of permission, such as a study permit instead of a work permit, you must stop working on the expiration date of your present work permit.
Evaluate the conditions
If you await a decision from IRCC and leave Canada, your temporary residence status may be affected. Maintaining status is only applicable so long as an individual remains in Canada.
You may be permitted to re-enter Canada as a temporary citizen if you have a Temporary Resident Visa or are exempt from the obligation to have a TRV.
However, until a decision has been made on your application, you cannot resume working or study in Canada. In addition, when you attempt to re-enter Canada, you may be required to show the Canada Border Services Agency (CBSA) officer proof that you have sufficient funds to support yourself. At the same time, you await a decision on your extension application. In conclusion, you should not leave Canada while awaiting a decision on your extension application from IRCC.
Suppose IRCC approves your application to extend your work permit. In that case, you will be issued a new date for your approved stay in Canada and permitted to continue living and working under the terms of your new or extended visa.
If your application is denied, you are regarded to be in status until the date that IRCC announces its decision. If the extension is denied, you lose your status in Canada and are no longer permitted to work or study.
You have 90 days to enroll in IRCC to reinstate your status. You are not permitted to work or study while awaiting a judgment, but you may remain in Canada.
Simply stating that you applied for a permit extension will demonstrate your maintained status. It is sufficient to demonstrate that IRCC received payment for your extension request. Your employer or school may require this documentation. It can also assist you in regaining entrance into Canada if you must leave the country.
The most important step in maintaining your status is to inform you when your temporary work permit will expire and to apply for an extension or a new permit in advance. According to IRCC’s processing time tool, it can take up to six months to process an extension of a temporary work visa from within Canada.
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