Staying In Canada As A Temporary Resident

Immigration to Canada has come to be an appealing trend among many individuals who are looking for the so-called greener pasture. However, aside from the application for permanent residency, there are also individuals who apply only for a temporary legal status – one that will allow them to stay in Canada temporarily, for a specific length of time. The reason could be because of work or because of study. Once this “permit” expires, the person loses his temporary legal status and he becomes an illegal.

However, there is an option for the individual to apply for a renewal of his status. There are instances when the current status of the person has already expired, and his application for a renewal of his temporary status is still pending, in which case he is left hanging.

There’s no need to worry in this instance, though, because this doesn’t make the person automatically an illegal. As long as an application for renewal has already been submitted, the person is given a so-called “implied status” that will allow him to stay without having to fear the possibility of deportation.

This status will remain until a decision is reached regarding his application for renewal of temporary status. Once the application is approved, then he’s back to having his temporary legal status. If, however, the application is refused, that’s another issue. The best move here is to leave and to reapply from outside the country.

Some individuals fail to apply for a renewal of their temporary legal status before their existing status expires. If it’s already too late to apply for renewal, another option would be to apply for a “restoration of status”. This is one option that a person can consider, available within 90 days after a person loses his temporary legal status. For this to be a probable option, the person must have legal reasons to opt for this alternative.

If, however, one has failed to apply for a renewal and the 90 days allowance has already passed and he has not applied for a restoration either, he’s not doomed yet. The good news is, there are still other options – although less popular.
One, of course, is marriage or cohabitation with a Canadian citizen.

Many opt for this alternative, and this is a good means, although authorities are already imposing stricter rules when it comes to deciding on cases that involve marriages. This is because of the current proliferation of so-called “bad faith marriages” or “marriage-for-convenience” – marriages that are either not genuine or done only for the sake of immigration or both. Marriage to some is only a means to become a permanent resident in Canada, which is why the government is being more discerning in deciding cases that involve marriage.

But, marriage is not the only option here. One can also consider the Canada refugee policy program, a program that allows a person to stay if there is an imminent threat to his life in his home country. In cases like this, the person may be allowed to stay in Canada. However, like the case in marriages, this is also an often abused means. Some people invent stories and scenarios just so they could be allowed to stay longer. Because of these circumstances, authorities are also becoming stricter in deciding refugee cases.

Being stricter is a good thing, but the downside is this: there are instances when even genuine applications (genuine marriages or genuine refugee cases) are refused. Therefore, it’s never advised that people resort to faking their application because even innocent ones are affected.

The last option that individuals can choose for them to stay longer is through humanitarian and compassionate grounds. These include kids that might be seriously affected when one is removed from Canada (i.e. kids’ education), or certain serious problems that might arise because of removal.

Of these, whether one option is better than the other depends on the circumstances surrounding the person. It is just a good thing that different alternatives are available for the individual to have a chance to stay longer.


Disclaimer: The immigration article posted above does not substitute as a legal advice on immigration issues. Consult or get the services of a qualified Toronto or Alberta immigration attorney to look into your case or you may choose a qualified immigration professional in your city or country. Use due diligence in doing so.

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