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Are You an Out-of-Status Student or Worker in Canada?

Updated: Jun 2, 2023


 

If you are a student or worker in Canada, you have the right to remain in the country as long as you abide by Canadian laws. However, if your visa or work permit expires, you will be considered out of status and can risk being detained, turned away at the border, or even denied entry when attempting to return to Canada later on.


This guide will help explain what it means to be out of status in Canada. Also, with the guidance and efficiency of Ansari Immigration, you can begin working towards fixing your status in order to stay in the country legally.


What is the Definition of Out-Of-Status?


An out-of-status student or worker is a foreign national who has lost their temporary resident status and is no longer allowed to remain in Canada.

A non-citizen who does not have a valid visa and is not authorized to remain in Canada is out of status. This means that he/she has either overstayed his/her authorized stay, violated conditions of his/her status, or did not apply for restoration of status within 90 days after losing legal status (for example, by failing to apply for renewal of work permit before the expiry date). When you are considered out of status, you are inadmissible and subject to removal from Canada.


Restoration of Temporary Resident Status


According to section 182 of the Immigration and Refugee Protection Regulations, temporary residents may petition to have their status restored if they have lost their status or allowed their authorization to work or study to lapse.


It is vital to remember that an applicant can only restore their status to that of a temporary resident and the authorization that they held immediately before the restoration application because status and authorization are not the same under the IRPA. For instance, a student who lost their status is unable to apply to regain temporary resident status with authorization to work.

For further clarifications on the restoration of temporary resident status in Canada, do not hesitate to consult Ansari Immigration. They are more than willing to offer more detailed explanations and tips based on their years of experience.


Eligibility Requirements for Restoration of Status


The applicant must:

1. submit an application within 90 days of losing their status.

2. satisfy the prerequisites for their stay

3. continually reside in Canada until a decision is made

4. not be the subject of a declaration

5. continue to comply with the temporary resident requirements and any applicable work or study permit requirements.


Out of Status Student


A temporary resident with a study permit who lost their status can apply in Canada to restore their study permit and temporary residence status.


Out of Status Worker


Within 90 days of losing their status, a temporary resident who held a work permit can apply in Canada for the restoration of their temporary resident status and permission to work.


Final Thoughts


Foreign nationals seeking restoration have lost their status and right to employment or education. Until their status and authorization have been reinstated, and a new work or study permit has been issued, they are not permitted to go on working or going to school.

Luckily, Ansari Immigration has helped numerous out-of-status Canadians with their immigration problems. So, do not hesitate to get in touch with them today!


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