Difference between revisions of "In-Canada Temporary Residence Matters (18:IX)"

{{REVIEWED LSLAP | date= July 29, 2022}}

When the temporary resident submits an extension application before their authorized period of stay expires, then the temporary resident could legally remain in Canada on implied status until a decision on the temporary resident extension application is made or by the end of the new period authorized for their stay when their application is approved, pursuant to IRP Regulations 183(5). Similarly, a foreign national on a valid temporary work permit or study permit who has applied to extend their status in Canada before their Work Permit or Study Permit is expired could also continue to work in Canada or study in Canada on implied status under the same terms and conditions as their temporary status document in Canada until a decision on their application is made.  

Section 47 of the IRPA outlines when a foreign national’s temporary resident status in Canada is expired; namely:  

:(ii) On a determination by an officer or the Immigration Division that they have failed to comply wth any other requirements of IRPA; or  

Further, if a temporary resident has lost their status based on IRPA s. 47 or let their authorization to work or study expire, they may apply to restore that status in accordance with IRP Regulations s. 182. The eligibility requirements for restoration of status are as follow; namely, the applicant must:  

The application process is similar to the one of temporary residence extension. If the applicant is not eligible for the restoration, the officer will refuse the application, and the applicant is notified in writing that they must leave Canada immediately. Also, the officer will determine whether a s. 44 report may be warranted due to a possible violation of the IRPA or IRPR. The officer may refer the application to a Domestic Network (“DN”) officer near the applicant’s place of residence for further assessment and interview. If the application is referred to a DN office, the DN officer may call the applicant in for an interview to gather additional information.  

For detailed information about the eligibility and restoration fees, please check the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html IRCC website].

In general, the initial Study Permit application is submitted while the foreign national is outside of Canada (see IRP Regulations s. 213). However, foreign national may apply for a study permit when entering Canada at the POE if they are a citizen or permanent resident of the United States, a resident of Greenland or a resident of St. Pierre and Miquelon (see IRP Regulations s. 214). Further, a foreign national may apply for a study permit after entering Canada if they meet the requirements specified in IRP Regulations s. 215. For more information, please see the [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/making-application.html#InCanada IRCC website].

# The student may work up to 20 hours per week off-campus or full-time during regular breaks if they meet the criteria outlined in IRP Regulations s. 186(v); and  

# The student may accept employment on or off-campus if they meet the eligibility criteria in IRP Regulations s. 186(f), (v) or (w) and they must cease working if they no longer meet the above criteria.  

In general, international students who have completed their program of study are allowed to work pursuant to  IRP Regulations  186(w), while they are waiting for a decision on their PGWP application, provided they meet all of the below criteria:

Spouses or common-law partners of skilled foreign workers may be authorized to work in Canada without an Offer of Employment (see IRP Regulations s. 205(c)(ii)). A spouse or common-law partner is eligible to apply for an open work permit if their spouse (the principal foreign worker) meets the below requirements:

*holds a work permit valid for at least 6 months, or, if working under IRP Regulations s. 186 without a work permit, presents evidence that they will be working for a minimum of 6 months;  

In general, spouses or common-law partners of certain foreign students may be allowed to apply for an Open Work Permit (see IRP Regulations s. 205(c)(ii) and LMIA exemption code C42). The applicant must provide evidence that they are the spouse or common-law partner of a study permit holder who is a full-time student at a public secondary institution; a private post-secondary institution that operates under the same rules and regulations as a public post-secondary institution in Quebec;  a private or public secondary or post-secondary institution (in Quebec) offering qualifying programs of 900 hours or longer leading to a diploma of vocational studies or an attestation of vocational specialization; or a Canadian private institution authorized by provincial statute to confer degree but only if the student is enrolled in one of the programs of study leading to a degree, as authorized by the province and not in just any program of study offered by the private institution.  

* the employer’s name has been added to the ineligible employer list under IRP Regulations s.  209.91(3); or