Temporary Residents With Expired Status Can Also Apply for Restoration
Temporary residents that cannot leave Canada due to the COVID-19 pandemic can now extend their permanent resident status, according to CIC News. The extension will apply to temporary residents whose status will expire before they are physically able to leave the country.
Those seeking an extension must submit an application online and provide a valid reason for staying in Canada to Immigration, Refugees and Citizenship Canada (IRCC).
Applicants must also meet all of the requirements for an extension, including paying biometrics fees. There will be no additional fee waivers for extension applications, with the exception of certain waivers that are implemented under a public policy.
Once an extension application is submitted, the applicant will receive maintained status, and can remain in Canada until a decision has been made on their application. This means that the applicant cannot be forced to leave Canada, even if there is a delay in processing their application. However, IRCC is still recommending that those seeking an extension apply far in advance of the date on which their temporary resident status expires.
When evaluating an extension application, immigration officers will look at factors such as whether international air travel is closed, or if flights to the applicant’s country of origin are available.
For those whose status has already expired, there is the option of applying for restoration of their status. Temporary residents with expired status can apply for restoration within 90 days after the date it expired but must meet the eligibility requirements and pay any applicable processing and restoration fees.
The eligibility requirements for restoration are as follows:
- The applicant must have resided in Canada with valid temporary status between January 30, 2020 and May 31, 2021,
- Their temporary resident status must have expired between January 30, 2020 and May 31, 2021, and
- They must not have left Canada for any reason since they first arrived.
If an applicant meets all of the above requirements, they will be issued either a visitor record or the appropriate permit which outlines the conditions for their restoration status. This document will be mailed to the applicant.
If the applicant does not meet the restoration requirements and is deemed ineligible, the Minister’s delegate will decide on a disposition for the case. This could result in one of three outcomes:
- The delegate will refer the case to an admissibility hearing,
- A departure order will be issued, or
- The applicant will be able to stay in Canada.