Wednesday 29 December 2021

What steps do I need to take to retain my status in Canada?

Maintaining status, formerly known as "implied status," is a strategy to extend your stay in Canada.

All temporary residents in Canada are required to depart Canada at the end of their allotted period of stay, according to Canadian immigration law.


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However, under Section 181 of the Immigration and Refugee Protection Regulations (IRPR), a temporary resident may request to extend their allowed stay in Canada before it expires. Individuals who use this option can stay in Canada until their application is decided by Immigration, Refugees and Citizenship Canada (IRCC). During this time, the applicant is regarded to have legal status as a temporary resident of Canada.

To profit from maintained status (formerly known as "implied status"), one must strictly adhere to the Canadian government's regulations and requirements’

An applicant must be aware of when their temporary status will expire, how their extension application may influence their temporary residence conditions in Canada, and the restrictions for remaining in Canada while the extension is being processed.

To begin, be sure to submit your extension application before your current status expires. IRCC advises that you submit your application with plenty of time to spare so that your Canadian immigration status is not jeopardized.

Second, one must comprehend how their application for an extension will affect their living situations in Canada. According to the IRPR, if an applicant applies to renew their existing work or study visa before it expires, they can continue to work or study in Canada under the terms of their previous permission while awaiting a decision. If you apply for a different sort of permission, however, you must stop working when your present permit expires. If a work permit holder wants to get a study permit, they must stop working when their present permission expires, for example.

Third, candidates must understand how their temporary resident status in Canada may be affected if they leave the country. Maintaining your status is only valid for as long as you stay in Canada. If you have maintained status and leave the country, you may be able to re-enter Canada as a temporary resident if you have a Temporary Resident Visa (TRV) or are exempt from having one. However, you will not be permitted to work or study in Canada until your application to extend your status has been approved. In addition, you may be required to show evidence to a Canada Border Services Agency (CBSA) officer that you have the financial resources to maintain yourself while waiting for a decision on your extension application.

As a result, it's critical that you understand that if you're on maintained status, you'll lose your ability to work or study after you depart Canada.

Following IRCC's examination of your extension application, one of two possibilities is likely.

You will be given a revised date for the term of your authorized stay in Canada if your application is granted.

If your application is denied, you will be considered in status until the day your extension application is decided. In this case, your status has been revoked, and you are no longer permitted to work or study in Canada under the terms of your previous permission. You have 90 days to request for reinstatement of your status with IRCC. While you wait for IRCC to make a decision on your restoration application, you are unable to work or study.

Finally, documentation of your application to extend your status is usually enough to show that you are legally in Canada on maintained status. This could come in handy if your job or school asks for documentation, or if you need to re-enter Canada.

For more info, please Call: +91-7503832132, Write to us at: info@aptechvisa.com or Fill Free Canada Immigration Assessment Form

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