According to the 2021 Annual Report to Parliament on Immigration, Canada was home to 256,740 study permit holders and 326,116 temporary work permit holders under the TFWP (Temporary Foreign Worker Program) and the IMP (International Mobility Program) in 2020. People in these 2 groups make up part of Canada’s population identified as TRs (temporary residents).
TRs constitute a great part of the immigration picture of Canada owing to how many foreign nationals seek entry to the country per year.
Maintaining TR Status in Canada
Having maintained PR status signifies that a foreign national who is waiting on their permit to be renewed can continue to operate in the country under the conditions of their initial permit – an ex who is working for the same employer if under a work permit or studying at the same school if under the same permit – until a decision is made on the renewal of the application.
The answer to maintaining TR status in the country is the date as well as the time of the submission for permit renewal. Using coordinated Universal Time (UTC) for making time equal for the applicants, IRCC (Immigration, Refugees and Citizenship Canada) requires that all immigration applications need to be submitted before midnight UTC the day that the initial permit of an applicant expires for maintaining TR status.
Different Ways a TR in Canada Can Lose their Temporary Resident Status
If a candidate does not appropriately work for maintaining their TR status in Canada, they may lose it accordingly. There are three main reasons that this can happen to someone who has arrived in Canada as a TR to study, work, or visit.
- If their temporary residence period has concluded/their visa has expired
- If it has been determined that they have adhered to any part of the Immigration and Refugee Protection Act
- If their temporary resident permit is canceled
What Can Someone Do to Restore Their Canadian TR Status after they have lost it?
In any situation where a foreign national loses Canadian TR status, there is a process to have it reinstated.
An officer, at this time, will observe the foreign national student, worker, or visitor to evaluate whether they “meet the initial requirements for their stay, [have acted in accordance] with [all] other conditions and are not the subject of a declaration that was made under subsection 22.1(1) [of IRPA]” and make a restoration decision accordingly. Temporary resident permit (TRP) holders who allow their status to expire cannot apply for the restoration of TR status and should apply for a new permit.
Note (1) for students with TR: temporary residents holding a student permit will not have their TR status restored if they:
- Are not enrolled at a chosen learning institution/ do not remain there until their studies are completed
- Are not enthusiastically pursuing their course or study program
Note (2): Concerning status restoration, an applicant can receive a status restoration that matches their TR designation before the status loss. For instance, a student who lost their status and is looking forward to restoring it; can apply for restoration of status as a temporary resident with authorization for studying in Canada. However, they cannot attempt to restore their TR status with work authorization.
Eligibility for Restoration of TR Status
To be eligible for restoration of TR status, applicants are required to:
- Apply within 90 days of loss of status
- Remain in Canada until a further decision is taken
- Have not failed to abide by any condition that is imposed automatically by regulation [R183] or by an officer [R185], apart from the ones listed below
- Continue to meet the temporary resident’s requirements and those of the work or study permit (as applicable)
- Have only lost their status as a result of not having been able to adhere to certain three specific conditions
The conditions included in the final point comprise that the applicant was found to be:
- Remaining in Canada beyond the period that was authorized for their stay
- Engaging in work falling outside the type of work, employer, or location of work being imposed by their initial TR application
- Engaging in studies falling outside the type of studies/course, educational institution, times as well as periods of study, or location imposed by their initial application for TR status
Fees for TR Status Restoration
- Visitors: Restoration fee $200
- Students: Restoration fee $200 + $150 fee for study permit processing
- Workers: Restoration fee $200 + $155 fee for work permit processing
Note: The coding handbook of the government of Canada explains certain circumstances where fee exemptions may apply.
Getting Assistance with Maintaining, Preventing Loss of, or Restoring TR Status in Canada
Temporary residents in Canada can find it hard to ensure they keep from situations where they may lose their TR status. However, retaining an immigration lawyer can streamline a lot of things. Immigration law professionals can:
- Assist in preparing an application
- Make sure applicants avoid mistakes
- Respond on the behalf of the applicant to the government of Canada
- Use their expertise to avoid needless delays throughout the diverse application steps as well as the processing of the application