Skip to main content

Maintaining Status in Canada.


BOOK A TELEPHONE MEETING 

Foreign nationals who are in Canada are required to always maintain status when they are in Canada. That means that if you are a temporary resident, such as a visitor, student, or foreign worker, and you apply to extend your temporary resident status before the permit expires, you can legally remain in Canada until a decision is made on the application. During the period that you are waiting for your application to be processed, you are deemed to have implied status or considered to have maintained status in Canada. 

If you remain in Canada, this status is recognised by the government of Canada, and you are not regarded as remaining illegally, or seen as someone who has overstayed or run afoul of the immigration rules. However, if you leave Canada, this status will no longer be applicable to you. You will be required to reapply to renter Canada.

Since, in your case, your work permit has expired only a month ago, and you applied for permanent residence, you may have options to get back your work permit. You did not indicate the programme to which you applied for permanent residence, however, you should note that if you qualify, and remain in Canada, you may be able to apply for a Bridging Open Work Permit (BOWP), after you have applied for restoration.

BOOK A TELEPHONE MEETING 

RESTORATION APPLICATION

You may apply to the government to restore your status as a worker if your permit has only just expired. You may apply to restore your status as a worker online. You are required to pay the restoration application fee and the fee for the work permit. The status is usually restored for approximately three to six months, during which time you are expected to apply for the correct programme, such as a BWOP. The key is to apply for restoration within 90 days of losing your status. If you fail to apply within that time, you will need to leave Canada and reapply from outside Canada.

Once you have restored your status, you may be able to meet certain programme requirements to be considered for an open work permit, while you wait on your permanent residence application to be processed.

BRIDGING OPEN WORK PERMIT

A BOWP allows a foreign national to continuing working while they transition between the expiry of their current work permit and the final decision on their application for permanent residence. This ensures that the individual maintains status in Canada. If you have a BOWP and you leave, you will be authorised to renter Canada as a temporary resident.

BOOK A TELEPHONE MEETING 

PERSONS WHO QUALIFY FOR BOWP

You must first have valid temporary resident status. Normally, you should make the application for a BOWP 30 days before the expiry date of the work permit, or in your case, apply for restoration within 90 days of losing your status and then applying for the BOWP.

If you are the principal applicant and have applied for permanent residence under any of the economic classes such as Federal Skilled Worker Class, Canadian Experience Class, Federal Skilled Trades Class, then you qualify for a BOWP. Other classes include the ‘caring for children’ class or ‘caring for people with high medical needs’ class before June 18, 2019; Provincial Nominee Programme; Agri-Food Pilot; Quebec Skilled Worker Class.

BOOK A TELEPHONE MEETING 

If you applied under the Provincial Nominee Programme and your application has been approved, you must include a copy of the nomination letter issued by the nominating province or territory with the application. The nomination must state that the employment is unrestricted.

Individuals who applied under the Agri-Food Pilot must provide a copy of the approval-in-principle letter in the ‘client information’ field when applying for the BOWP.

Additionally, the spouse or common-law partner of a Bridging Open Work Permit and their dependent child may be eligible for an open work permit and a study permit as well. Their permit would be tied to that of the principal applicant.

The application process in Canada can often appear simple on the government’s website, but misinterpretation of the rules, making mistakes, omitting relevant information, forgetting deadlines or missing them completely could be detrimental to your application and ability to legally remain or return to Canada. I strongly recommend that you seek the assistance of an experienced immigration lawyer to provide you with the options based on your situation. BOOK A TELEPHONE MEETING 

Deidre S. Powell is a lawyer, mediator and notary public with office in Ottawa. You may connect with her via www.deidrepowell.com, or WhatsApp or call 613-695-8777. You may also request a Zoom/telephone consultation with her via her website.

Comments

Popular posts from this blog

Immigration Corner | What is an Authorisation to Return to Canada?

Immigration Corner | What is an Authorisation to Return to Canada? : Dear Miss Powell, I used to live in Canada, but I was sent home. My cousin is getting married and I have an invitation to attend the wedding. Can I reapply for a visitor’s visa? What are the chances of my application being successful? Thank you Dear WW, A foreign national who has contravened the Immigration and Refugee Protection Act (IRPA) and its regulations can be the subject of a removal order from Canada and may need to apply for an Authorization to Return to Canada (ARC), and a Temporary Resident (visitor’s) visa. The success of your application depends on the reason that you were “sent home”, the type of removal order that was issued against you, the length of time that has passed, as well as your current social and economic situation. At the time of your departure from Canada, did you notify the Canadian Border Services Agency? Did they give you a letter confirming your departure? You should have received...

Immigration Corner | Good news for truck drivers, nurse aides

  BOOK A ZOOM CONSULTATION Dear Mrs Powell, I am a 28-years-old truck driver, and my wife is a nurse aide. We have one son. We are interested in moving to Canada, but we are not sure how to go about applying. We read your articles all the time and we are hoping you would answer our question in  The Gleaner . We are law-abiding and have been saving our money to make sure we have the required savings. We are just not sure if our occupation would qualify us to apply. Please let us know how we could qualify. Thank you. CW Dear CW, There are various programmes available for individuals and couples who are interested in living and working in Canada. The key is to apply for the correct programme based on your work experience, education, and other credentials. The most popular route to apply to become a permanent resident is via the Express Entry System. This portal manages applications from individuals who can demonstrate that they are eligible to enter the pool of eligible candidate...

Immigration Corner | Married to a Canadian, will they harass me?

Immigration Corner | Married to a Canadian, will they harass me? : Dear Miss Powell, I am married to a Canadian citizen. Before we were married, I had my visitor’s visa, so I was going back and forth, and he did the same. That works out good for both of us as we are very busy with our work, plus my husband says he... The immigration officer will not “harass” you because you are now married. However, you should expect to provide explanations about the reason for your visit and whether you are considering living or working in Canada. You should be honest with them as you could be barred from Canada for approximately five years for misrepresentation and have difficulties with future applications.