Temporary resident: Implied status (extending a stay)
Maintaining a status is of utmost importance for temporary residents. Be it a Visitor, Student or a temporary worker. This is primarily to maintain the respect for IRPA and maintain the discipline of Immigration requests.
However, the applicant can change plans during his stay as a temporary residence, but he must request for any change in previously approved conditions.
For example: if a visitor changes his mind and wants to extend his stay in Canada beyond the originally allowed 6 months, he must apply for Extending his stay as a Visitor. There are conditions that he needs to follow for that and submit a fresh application electronically
If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such an individual is taken into account to possess implicit standing as a temporary resident throughout that period.
If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made, paragraph 186(u) and section 189 of the Immigration and refugee Protection laws (IRPR) (the right to continue working or studying under a similar conditions pending a determination of their application for renewal) apply solely as long because the person remains in Canada.
Another option is that the applicant can apply for a new work or study permit at the port of entry (POE), in case they are eligible under IRPR. Temporary residents from TRV-required countries who are on implied status and are seeking re-entry to Canadafollowing a visit entirely to the USA or St. Pierre and Miquelon could apply for a brand new or later work permit at the writer, as they fall under the exception of subsection R198(1).
Note: it's powerfully suggested that, at the POE, the temporary resident should present the following documentary proof of their application:
- Copy of their application
- Copy of the fee payment receipt, etc.
- Current status document
- Required documents for oral application
How to Apply
If by any chance you missed filing the extension on time, you must not Panic as you still have 90 days to apply for restoration
However, if you missed the date you should immediately contact someone you trust for advise. As delay in filling restoration can be fatal.
We assist in restoration applications and have successfully delivered positive results depending on individual’s situation.
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