Status Restorations & Permit Extensions

Over the past few years, Canada has welcomed hundreds of thousands of temporary visitors, workers, and students. During their stay, many temporary residents lose their status for various reasons, including expiration of permits, changes in work or study conditions, and more. In some cases, the solution for an out-of-status resident is to apply for status restoration, renewal, or extension of a permit. Although it is recommended to apply for this restoration or extension well before the license expires, a person may do so within 90 days of the expiration date under certain conditions.

Working with a qualified consultant who understands the process, requirements, and deadlines associated with such status restorations and extensions is crucial. Contact our offices for inquiries or for assistance with your Status Restoration or Extension.

Under the Immigration and Refugee Protection Regulations, a temporary resident (visitor, worker, or student) who has lost their status may apply to reinstate or restore their status as long as they have not been out of quality for more than 90 days and they continue to meet the initial requirements of their stay. It is also required that such persons meet the requirements of the class under which they apply to be restored as temporary residents.

Temporary residents may restore and/or extend their status if they have failed to comply with the period authorized for their stay (within limitations) or if they have failed to comply with the conditions imposed in their permits, such as the type of work, the employer, the location of the work, the type of studies or course, the educational institution, the location of the studies, and the times and periods of the studies.

If a person has lost their status, they should continue to comply with the other conditions of their stay and only work or study if authorized. Please do so to ensure their eligibility for obtaining a status restoration. Finally, it is essential to note that restoration status cannot be granted at the port of entry. If a person with a lost level leaves Canada, they will be deemed seeking new entry on their return.

Permit Extensions

To extend a worker or student status, applying for an extension at least 30 days before the permit expires is essential. In some cases where a work permit expires, where employment conditions change or where employment is extended beyond the expiration of a work permit, it may be possible to apply for a status restoration and a new work permit simultaneously. Suppose a student wishes to stay in Canada but is no longer studying. In that case, they can apply for a work permit if they are eligible for a post-graduate work permit or apply to change their status and stay in Canada as a visitor.

In general, under what is referred to as ‘Implied Status,' a worker, student, or visitor may continue to maintain their immigration status in Canada until a decision is made on their application to extend their stay.

Working with an experienced consultant is crucial when dealing with the various options available to extend or restore status.   Contact our offices today for assistance with the process by a qualified and experienced consultant.

Business and Investor

There are various ‘Business and Investor’ immigration categories available to Foreign Nationals.

Generally speaking, persons applying under such categories are required to demonstrate their business experience as it relates to the specific Business Class under which they are applying. In addition, they would need to have enough funds to finance their initial stay plus any business investments/expenses required under the specific class, as well as meet language requirements in English or French.

Over the years, there have been many Federal and Provincial programs available for Business Investors however many have been terminated, and new ones have spawned. It is important to speak with our trained and informed consultants about existing programs available today.

Federal Programs:

Most recently, i.e. as of the date of this publication here, there are two programs available under the Federal Business program, and they are as follows:

• Self-Employed (includes Cultural Activities, Athletes, Farm Management); To qualify, the applicant requires to have two years of relevant experience and show intent to become self-employed in Canada. The applicant is also required to score at least 35 points on a selection grid designed to determine the person’s ability to make an economic contribution to Canada.
• Start-Up Visa; There are a limited number of applications taken under this program. Applicants under this Federal program require a commitment from a designated Canadian Angel Investor, designated Venture Capital Fund, or designated Business Incubator. Applicants also require minimum language ability, a minimum of 1 year post-secondary education, have sufficient settlement funds, and have the commitment of a designated Angel investor(s), a designated Venture Capital Fund(s) or a designated Business Incubator(s).

Other Federal programs have been terminated or reached their quotas and are not accepting new applications at this time.  Such programs that are no longer available are the Immigrant Investor Venture Capital Pilot Program, Entrepreneur Program, and others.

It is important to obtain up-to-date information on available programs and their requirements before deciding which program is best for the Business Investor applicant.

Provincial Programs

Presently there are many provincially nominated or administered programs available for Business Investors. Each province or territory has its own eligibility criteria under its specific pathway. The requirements of a Business Investor applicant under a Provincial Nomination would typically include experience, net worth, intent to live in province, involvement in proposed business project, start-up and investment funds, age, and management skills.
It is central to a Provincial Nomination that the applicant shows intent to live in the Province or Territory in which they are applying for a Provincial Nomination. This intent serves as part of the basis of the application and without having and demonstrating this intent the application will be refused.
Like the Federal Programs, these Provincial Programs can change without notice and it is important to work with an experienced consultant on the most current requirements.

If you plan to settle in Quebec as a business immigrant, you must first apply to the Government of Quebec for a Selection Certificate and can then apply to the Federal Government of Canada for Permanent Residence.

Speak with our consultants on the current programs and what is required under each Provincial Nominated Program.

Immigration, Refugees and Citizenship Canada

Immigration, Refugees and Citizenship Canada (IRCC) as well as Canada Border Services Agency (CBSA) officers are appointed with the examination of all persons and goods entering the country and if it is determined that foreign nationals are inadmissible (i.e. non-compliant with the immigration regulations, have particular health conditions, security, or criminal concerns, committed human rights violations, or misrepresented themselves in order that they obtain some immigration status in Canada) , these persons will either

• Be required to attend an admissibility hearing before the Immigration and Refugee Board; or
• Be issued a Removal Order by the Minister’s Delegate (MD); or
• Be allowed to withdraw their application to enter Canada at the port of entry or be allowed to leave voluntarily for in Canada cases and confirm their departure

Types of Removal Orders

There are three types of removal orders issued to Foreign Nationals and Permanent Residents, depending on the type of inadmissibility and severity of non-conformity. These removal orders are a Departure Order, Exclusion Order, and Deportation Order.

A Departure Order is the least severe of the three and usually requires the person to leave within 30 days of enforceability. A Departure Order generally will not require the person to obtain authorization to return to Canada (ARC). An Exclusion Order is more severe than a Departure Order but less than a Deportation Order. Here, a person will be barred to return to Canada for a period of time, usually 1 to 5 years, unless the person obtains an authorization to return (ARC). Deportation Orders are the most severe of the three orders and usually comes with a significant penalty. Those who receive a Deportation Order are permanently barred from entering Canada and can only do so with a written authorization (ARC).

It is important to note that misrepresentation (deliberately providing false information or omitting information for the purposes of entering or facilitating immigrating to Canada) will result in an Exclusion order and the person committing the fraud will be restricted from entering Canada for a period of 2 years unless they obtain a written authorization to return (ARC).

There are some instances where a foreign national has a right to appeal a removal order or a Refusal decision, and such appeals are heard at the Immigration and Refugee Board – IRB. The IRB hears appeals for Foreign Nationals, Permanent Residents, and Refugees/Protected Persons.

In some special cases, if a foreign national is found inadmissible due to criminality or health reasons, an officer may issue a TRP (Temporary Resident Permit) to allow the person entry on a temporary basis.

Our licensed consultants can assist in representing a person at the IRB for appealing Refusals/Removal Orders, Detention reviews, and Admissibility hearings.

In general, becoming a Canadian Citizen includes completing an application and sending it to the appropriate IRCC office.  In addition to the completed application, there is a test, and an interview (in some cases) required prior to becoming a citizen.   To become a Canadian citizen, one must be eligible as follows:

• Be a Canadian permanent resident
• Have lived in Canada for 3 out of the last 5 years
• Have filed taxes (if required)
• Show knowledge of Canada – Demonstrate through taking a test on history, geography, economy, government, laws, and symbols.
• Prove language skills – Must obtain a Canadian Language Benchmark of 4 or higher

There are various conditions that may prohibit someone from becoming a Canadian Citizen and those should be ruled out prior to making a Citizenship application.

Contact our experienced consultants for assistance with eligibility, the application process, and the preparation requirements to becoming a Canadian Citizen.

Refugees and Protected Persons

Canada is a signatory to the Convention relating to the Status of Refugees adopted by the United Nations. Canada’s refugee system adheres to the definition of a refugee as defined in Article 1 of the 1951 United Nations Convention relating to the Status of Refugees.  That is, a Convention Refugee is someone who is outside of their home country and is unable or unwilling to return because of a well-founded fear of persecution based on the following:

• Political Opinion
• Nationality
• Race
• Religion
• Social Group

A successful refugee claim must be made on the basis of one of the five grounds noted above. The claim must be found eligible based on several factors including alienage, a well-founded fear, existence of persecution, and location of refugee (must be outside their country in order to be eligible).

In general, world affairs and political/social circumstances leading to persecutions are well documented and can be corroborated.  It is important that an applicant refugee work with an experienced and licensed consultant so that all of the relevant information is clearly and accurately presented to the deciding officers, and that the refugee is competently represented through the process.

Canada’s refugee system is divided into 3 main parts as follows:

• Refugee claims made in Canada
• Resettlement from outside of Canada
• Sponsorship of Refugees (Private Sponsorship & Joint Assistance Sponsorship)

Each part has its own requirements but all require that the claimant meet the definition of a Protected Person or Refugee.

Canada’s system also allows for the protection of persons in need of protection, other than those defined as Convention Refugees.  A Protected Person can be defined as someone who has been determined by Canada to be either a Convention Refugee or A person in need of protection (i.e. a person who is in a refugee-like situation defined in Canadian Law).

For more information on the Refugee Application process, Representation and Appeals, Contact our offices and speak with our trained consultants to assist. As with all immigration applications, it is important to accurately present information, in a timely manner and meet the various deadlines to meet during an application.

Appeals, Humanitarian & Companionate Appeals, Admissibility hearings, Detentions

Canada’s Immigration system allows for the consideration of applications made by Foreign Nationals and/or refugees based on Humanitarian and Companionate grounds.

This form of application can be considered to overcome non-conformance to the existing immigration act or regulations, and decisions on H&C applications are delegated to ICCRC/PRRA Officers, Directors of Case Review, or the IRCC Minister.

Typically, H&C applications considerations are highly discretionary and are approved for highly deserving cases only.  These considerations are meant as exceptional measures and not alternate measures to applying for Permanent Residency or immigration to Canada.

The basis of H&C considerations is that there needs to be ‘unusual and undeserved hardship’ for the applicant, especially taking into account the best interests of any child involved that is directly affected by a refusal or negative immigration decision.

Each case is unique in its circumstances and it is important to enlist the services of an experienced Immigration Consultant with experience in H&C applications specifically to properly and effectively prepare an application or appeal.

Contact Us at to speak with our licensed consultants or to learn more about our services in this and other areas.

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