Temporary Resident Extension in Canada

//Temporary Resident Extension in Canada

Temporary resident: Implied status (extending a stay)

A temporary resident including a visitor, student, temporary worker must apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made according to section 183 (5) of IRPR. Such a person is considered to have “implied status as a temporary resident” during that period.

If a temporary resident applies for renewal of their work or study permit and their permit expires before a decision is made according to paragraph 186(u) and section 189 of the IRPR, the right to continue working or studying under the same conditions pending a determination of their application for renewal can apply only as long as the person remains in Canada. As a result, a temporary resident with implied status who has left Canada may be allowed to re-enter Canada as a temporary resident, but may not resume work or study in Canada until their application for renewal has been granted.

Temporary residents from TRV-required countries may apply for a new or subsequent work permit at the Port Of Entry if they are on implied status and are seeking re-entry to Canada following a visit solely to the United States, as they fall under the exception of subsection R198(1).

Note: It is strongly recommended that, at the POE, the temporary resident present documentary proof of their application (copy of their application, copy of the fee payment receipt, etc.) for an extension as a visitor, student or worker.

 What will happen after application submitted to the Case Processing Centre in Vegreville ?

A) If the extension is approved, the date of issue shown on the document represents the date a decision was made. Observations in the remarks box of the document indicate that the applicant maintained their status, as per subsection R183 (6). A “Visitor Record” outlining the conditions for the extension is mailed to the applicant.

B) If the extension is refused, the applicant is considered in status until the day the decision is made on their application. In cases where CPC-V has sufficient grounds to refuse an application, a letter is mailed to the applicant notifying them of the refusal and the reasons for it. The applicant is also advised of the next course of action. The Applicants eligible for “Restoration” have 90 days from the date of the notice to apply.

C) If the extension is rejected (incomplete), the applicant is considered in status until the temporary resident document expires.[1]

 [1] For more information please visit RICC’s website at http://www.cic.gc.ca/english/resources/tools/temp/visa/validity/implied.asp