How to keep temporary residence in Canada valid

Maintaining the status of temporary residence is extremely important for people who have temporary stays for study, work or visit in Canada. Unfortunately, many people face many problems due to the lack of awareness of unwanted laws.

According to part 181 of the laws of the Immigration and Citizenship Department of Canada, these people will be able to submit an application before the expiration of the temporary residence permit if they wish to extend the permit before the expiration of the period. During the processing, they will maintain their legal residence to receive the result of the processing.

In order to have more control, not only should you send an extension request before the expiration date, but it is also recommended to send an extension request depending on the type of temporary license from one to three months before the expiration date. This action will ensure that the applicant does not face complications caused by the prolongation of the processing period, especially for the holders of study and work permits.

It is obvious that the applicant’s familiarity with the delay in submitting the extension request for his temporary residence can prevent negative and irreparable effects. for example :

• People who have study and work permits in Canada during the processing period, provided that they have applied for renewal before the expiration date, can continue to work and study during the waiting period.
• People who have submitted an extension request after the expiration date of the permit will not be allowed to continue working and studying in Canada during the processing period.
• If the renewal request is approved, a new work or study permit will be issued and the applicant can continue to work or study in Canada by complying with the conditions stated in the permit.
• If the request is rejected, the person’s legal status of temporary residence will be invalidated from the date of issuance of the letter and one of the following conditions must be fulfilled
• If the applicant has submitted an extension request after the expiration date, the Immigration and Citizenship Department will give him a 90-day opportunity to submit a request for reviving the temporary residence in the rejection letter. It should be noted that during the processing period of the request to restore the temporary residence status, he will not be allowed to work and study during the processing period.
• If the request is sent after the 90-day renewal period, the applicant will be required to leave Canada immediately in the response letter of the Immigration Department.

Applicants who are required to leave Canada, to prove that they have maintained and complied with their legal status during the processing period according to the rules, it is sufficient to submit a proof of submission and a receipt for the payment of the examination fee. A letter from the employer confirming that he has left his job or the educational institution that he has stopped continuing his studies during the processing period can also be effective. In addition, in case of leaving Canada to facilitate the re-entry process, these documents can be effective to present to the border officers.

As a result, the most important step to maintain the legal status of temporary residence in Canada is to pay full attention to the expiration date of the permit and when to apply for renewal. It lasts more than 6 months, so it is recommended to send an extension request several months before the expiration date.

An important point that is unfortunately mostly ignored due to lack of awareness is the extension of temporary residence visas for dependent children under 18 years of age who are present in Canada with their parents who have study and work permits. It should be noted that accompanying children will not automatically obtain a valid temporary residence status through the extension of their parents’ permit, but they should also be sent a request to extend their temporary residence together with their parents.

Author: Masoumeh Alimohammadi
Official immigration consultant

www.icpimmigration.com