Life in Canada
How to Maintain a Legal Status in Canada?
According to Canadian Immigration law, all temporary residents have to leave Canada after the expiration of their work permit. However, section 181 of the Refugee Protection Regulations (IRPR) explains temporary residents can maintain their legal status by applying to extend their stay. The applicants who take advantage of section 181 can stay in the country until IRCC decides on the application. One will maintain the legal status as a temporary resident while waiting.
One has to follow the guidelines stated by Immigration, Refugees, and Citizenship Canada (IRCC)
The first step is to be aware of when the temporary status is to expire. If you apply after the expiration of your temporary status, then you will not be eligible for maintained status and won’t be able to work until you re-establish your status.
To stay ahead, always remember to apply your extension application before the status expiration to avoid complications.
It is extremely to understand how an extension could affect the conditions of staying in Canada. If you apply for renewal of your existing permit before your current permit expires, you can continue to work or study in Canada under their existing settings while waiting for the decision from IRCC on your extension application. In case, you wish to apply for a different type of permit, for instance from a work permit to a study permit, you will be required to discontinue on the day your work permit expires.
Understand the Conditions
While waiting for IRCC’s decision if you will leave some chances can that can affect your temporary residence status. The Maintained status only applies to the immigrants who remain in Canada. If you are on the maintained status and leave the country, you will be permitted to cross borders as a temporary resident if you have a Temporary Resident Visa or a requirement exemption to have a TRV. Although, this doesn’t mean you can start working or studying in Canada until the decision is pending on the application. While entering Canada, one will be required to show proof that one has enough financial support to sustain during the waiting period.
Immigration, Refugees, and Citizenship Canada’s Decision
If your extension application gets approved by IRCC, you will be offered a new date for your authorized stay in Canada and continue living and working according to the extended permit. If your application gets rejected, you will lose your status in Canada and no longer will be able to work or study in Canada.
Demonstrating maintained status can be as simple as exhibiting that you have applied for an extension. You can show that you have made the payment to the IRCC for your extension application. You will be required this proof for your employer or school. It will also allow re-entering into Canada in case you leave the country in any circumstance.