Immigration Blog - Page 4

Immigration Blog about US & Canadian Immigration matters.

Immigration Blog about US & Canadian Immigration matters. If you would like to learn about US and Canadian immigration matters you have came to the right place to read blogs.

Understanding the LMIA

Understanding-the-LMIA
Information about LMIA’s

If you are an employer who wants to hire a foreign national, chances are you will need a labor market impact assessment (LMIA). A labor market impact assessment is an application to Canadian Immigration Services (CIC) all on its own and it must be submitted by the employer. It is an important step in the process of hiring a temporary foreign worker, as an LMIA ensures the temporary foreign worker will not be taking a job away from a Canadian looking for employment. Therefore, in this article, you will learn relevant information regarding the LMIA.

Who Needs an LMIA

All applicants applying for the Temporary Foreign Workers Program will require a Labour Market Impact Assessment; exempt occupations are now part of the International Mobility Program.

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Understanding Refugee Status inside Canada

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Applying for Refugee status

Are you or someone you know living in fear of persecution or danger of death in their home country? Are you seeking somewhere safer to live and strive with your family? Canada offers those who are experiencing danger in their home countries a safe place to live and contribute to society. Canada’s refugee program is open to anyone of any background. The Immigration and refugee board of Canada (IRB) will review your application to determine if you are eligible to claim refugee status and whether you are a person in need of protection or a convention refugee.

What is your Eligibility

First of foremost, you must make sure that you are not under a removal order. You can receive removal orders by overstaying your stay in Canada whether you are in Canada under a TRP or a TRV. Once you are sure that a removal order is not issued against you, you can start the process of applying for refugee status. Once you have applied, the IRB will decide whether you are a convention refugee or a person in need of protection.

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Study Permit Through the Student Direct Stream

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Applying For a Study Permit

Many foreign nationals attempt to come and receive an education in Canada’s well known education system. Studying in Canada has many perks, including receiving Canadian legal status under the law. Although, it is important to note that a study permit is not a visitor’s visa, so you must leave after your study period has ended. It is also possible to return to your home country during study breaks, but must return with proof of study at a designated Canadian Learning institution. There are also certain exceptions in regards to study permits; these exceptions are individuals who are exempt from needing a study permit to study in Canada or those from a designated country which allows for direct entry into a Canadian designated learning institutions (DLI). This article will discuss how to apply for a study permit through the student direct stream, who can extend their study permit, and the conditions on study permits.

Requirements for a study permit The first step in obtaining a study permit is receiving an offer of admission from a Canadian learning institution. Once you have received and accepted your offer, you may apply for a study permit in Canada. The study permit is a document that the Canadian government issues that allows international students to study at a designated learning institutions (DLI) in Canada.

While studying in Canada under a study permit you must:

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Becoming a Live-in Caregiver in Canada

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What is the Live-In Caregiver Program

The live-in caregiver program allows Canadian citizens or permanent residents to hire a foreign national to provide “live-in care.” All this is, is full-time in home care. If you are a Canadian citizen or permanent resident and you require full-time care, then you may be eligible to apply to hire a foreign national to provide this care for you. This mutually beneficial for both the Canadian employer and the live-in care giver, this may help a foreign national find work and/ or achieve permanent residency in Canada. So, if you think you might be eligible to be a live-in caregiver, or if you might need to hire a foreign live-in caregiver, continue to read this blog for more information.

What is a Live-In Caregiver

A live in caregiver is qualified person that can work without supervision in a private household. He or she is supposed to provide care for the elderly, children and or the disabled. The live-in caregiver does not necessarily need to live with the employer, but the employer is responsible for arranging the live-in caregiver’s place to stay. though. To begin, the live-in caregiver will enter Canada as a temporary foreign worker

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Applying for Labour Market Impact Assessments (LMIA)

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What is an LMIA

If you are a Canadian employer who is looking to hire a foreign national to fill a position temporarily, the government may allow you to do this. However, it is important for the Canadian government to ensure Canadians have access to jobs in Canada, before those positions are filled by foreign individuals. In order to prevent foreign nationals from taking positions from Canadians who need them, the Canadian government has set the requirement for foreign nationals and their employers to obtain a labor market impact assessment (LMIA), prior to being able to obtain a work permit. Because this is such an important step, and most work permits require an LMIA, we will take the time to break down the application process, to help you prepare an application for an LMIA.

Who Needs an LMIA

Anyone coming to Canada who will obtain an employer specific work permit, and is not covered by a free trade agreement, will need to apply for an LMIA. One of the major benefits of applying for a work permit under a free trade agreement is that barriers such as an LMIA are removed. Other than that, only individuals applying for an open work permit are LMIA exempt.

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What Should You Expect at Port of Entry

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Are You Inadmissible to Canada?

If you have criminal records, you will likely be denied entry into Canada at the Canadian border. To avoid facing these issues you could apply for a temporary resident permit (TRP) or, even apply for Criminal Rehabilitation (CR). Both of these applications take time, though, you may be able to overcome inadmissibility in person at the border if you are an American citizen. The application processing is slightly stricter at the border, because individuals must demonstrate their need to enter Canada outweighs their risks they possess to Canada and Canadians. Though, if you can put forth compelling reasons why you should be allowed to enter Canada for a temporary period of time, then you may be granted a temporary resident permit at the port of entry. In an ideal situation, a Temporary Resident Permit application would be submitted well in advance of attempting to enter Canada, to allow a consulate to render a decision. However, processing times at the consulate are often longer, and often a decision will not be made in time for your travel. When you have an urgent travel date, you should apply for a temporary resident permit at a port of entry.

How to Apply for a Temporary Resident Permit at a Port of Entry

It is the case for many individuals that they realize they are criminally inadmissible to Canada, only a short time before they had intended to try to travel to Canada. This is an incredibly nerve wracking thing to become aware of, because it almost certainly means you will have an issue fulfilling your travel plans, as you will not be allowed to enter Canada. What makes this worse than simply being inadmissible to Canada, is that there is not enough time to apply for criminal rehabilitation, or apply for a temporary resident permit at the consulate level, both of which help communicate to immigration officers that you are serious about overcoming your status as inadmissible to Canada. Though, there is still a solution for individuals in this circumstance. You can apply for a temporary resident permit at a port of entry, as you try to enter Canada, rather than at the consulate. If you apply for a TRP at the border instead of the consulate, you will receive a decision the same day, rather than wait the typical 8-12 month processing times. If you have an urgent travel date coming up, and need to overcome your status as criminally inadmissible, keep reading this blog to learn how to apply for a TRP at a port of entry.

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Intra Company Transfer Work Permit Eligibility

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Intra Company Transfer

Are you a foreign national that wants to work in Canada? Do you already work in a multinational company from either the United States or Mexico, which acquires an existing subsidiary branch within Canada? Do you obtain an upper-level position within your multinational company and are seeking to expand your knowledge to your company’s subsidiary branch? If your answers to these previous questions are yes, then you may be eligible for an intra-company transfer. Acquiring a work visa or permit within Canada is not an easy process to undergo and in order to be successful in this process, it is recommended to seek out legal experience and book a consultation with one of our immigration representatives through Akrami & Associates. For further information on this topic, please continue to read this blog.

What is an Intra Company Transfer

An intra-company transfer refers to an eligible foreign national, that is employed in a multinational company somewhere abroad, and wishes to be employed in a connecting branch for their company, within Canada. This transfer can only occur if the eligible worker wishes to transfer within a branch of their original company, which can be only from the United States or Mexico. But first things first, all potential intra-company transferees must obtain a work permit in order to even be considered for an employment transfer to Canada. Without this valid piece of document, a foreign national from a visa-exempt country cannot obtain work in Canada, regardless of connecting branches of employment.

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Visitor Visa Requirements

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Applying for a Visitor’s Visa

Canada has always been known to be an accepting country of visitors. A visitor’s visa is a stamp on your passport which proves that you are cleared by the Canadian government to be allowed into the country. Canada accepts visitors from all backgrounds and creeds with due process. This means that if you take the necessary legal steps to apply and receive a visitor’s visa, you should have no problem obtaining a visitor’s visa. This article will talk about who needs a visitor’s visa, how to extend a visitor’s visa, and a visa overstay welcome.

Basic Travel Requirements for a Visitor’s Visa

In order for you to begin your application process, you must ensure that you oblige by this checklist to ensure that your application will run as smoothly as possible. These are the requirements:

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Becoming a Canadian Citizen

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How to Become a Canadian Citizen

If you wish to become a fully naturalized Canadian citizen someday, it may be on your priority list to learn the things you’ll have to do to complete this process. Though, it is a very long process, which always begins with another process to help an individual gain permanent resident status. The process by which an individual becomes a permanent resident could be very different from person to person, though, all who have achieved permanent resident status will suddenly find themselves on relatively the same path, whether they simply care to maintain their status as permanent residents, or, they would prefer to become Canadian citizens. Throughout this article we will cover the process of becoming a Canadian citizen, and be sure to explain the requirements to become eligible for this status.

So you’re a Permanent Resident, What’s next?

As you may already know, permanent residents must meet their “residency requirement” to be permitted to maintain their status as a permanent resident. You must a spend a minimum of 2 years, or, 730 days total in Canada to be able to successfully renew your status as a permanent resident. This is equivalent to spending a total of 2 years in Canada. This two years does not need to be consecutive, you simply must spend a total of 2 years, within the 5 years your PR card is valid in Canada.

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TRP vs Criminal Rehabilitation

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HELP! I have to Overcome Criminal Inadmissible to Travel to Canada!

Have you recently been denied entry into Canada at a port of entry, or had your visitor visa application denied? Have you learned recently that your criminal record will affect your ability to visit Canada? If so, you must deal with your inadmissibility before you will be permitted to enter the country. It is also very useful to know that if you have an issue with criminal inadmissibility, there are different ways you can overcome this. Often, people wish to enter Canada for very good reason, perhaps to visit relatives who are sick or to celebrate familial weddings. It would be a shame to be forced to miss these events because you are inadmissible to Canada and were unaware of the avenues available to overcome this issue. If you are inadmissible to Canada but would still like to enter Canada, your options are to submit an application for criminal rehabilitation or apply for a temporary resident permit. Therefore, throughout this article, we will discuss what each of these applications entails, and how to apply for each.

What Is A Temporary Resident Permit? What Is Criminal Rehabilitation?

First and foremost, BOTH a temporary resident permit and an application for criminal rehabilitation only make you admissible to enter Canada. NEITHER of these documents gives an individual permission to actually enter Canada for any length of time. If you wish to travel to Canada, you must determine whether you are from a visa-exempt or a non-visa exempt country, and apply for the necessary travel documents accordingly. As a traveler from a non-visa exempt country, you will need a visitor visa. On the other hand, if you are a traveller from a visa-exempt country, you will only need an Electronic Travel Authorization (eTA).Ultimately, it is important to understand that along with a temporary resident permit or an approved application for criminal rehabilitation, you will also need a valid visitor visa or eTA to be permitted to enter the country.

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All About Spousal Sponsorship

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A Basic Overview of Spousal Sponsorship

Often, when individuals refer to spousal sponsorship, they are referring to the streams of sponsorship in which partners sponsor each other; they may not necessarily be referring specifically to the process of spousal sponsorship. This is important to understand because there is a slightly different process for each of the three available routes under family class sponsorship. Specifically, if you would like to apply under any of the three programs, you must meet the eligibility requirements of that program. Throughout this article, we will explain the basics of conjugal sponsorship, common-law sponsorship, and spousal sponsorship, and we will be sure to touch on the requirements to be eligible for each of the sponsorship streams.

What is Spousal Sponsorship Strictly?

Spousal sponsorship is a way helping your spouse become a permanent resident of Canada, so that the two of you may begin living together forever. To be eligible as a couple to apply for spousal sponsorship, you must be legally married. This means, you must have a marriage certificate for proof. While also the marriage must be conducted in such a way that it is legally recognized by both the country in which the marriage took place, and would also pass the legal qualifications of a Canadian marriage. Finally, you must be over the age of 18 to get married, or, have been over the age of 18 when you got married, regardless of the laws in your country of origin. Therefore, you must also both be over 18 to apply for spousal sponsorship.

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Applying for Permanent Residency with Humanitarian and Compassionate Consideration

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Have no way of Attaining Permanent Resident Status in Canada?

This may seemingly be the case. Individuals who have no family in Canada and are not eligible for family class sponsorship, as well as individuals who are not qualified enough to be eligible for the economic immigration programs, and do not qualify as a temporary resident whom is soon to become eligible to apply for permanent residence, could be left thinking there is no way for them to achieve permanent residence in Canada. This is not entirely the case. It is not a simple process, and there are very strict requirements, though, there is the option of applying for permanent residence with humanitarian and compassionate considerations (H&C). Throughout this article, we will discuss who can apply for permanent residence with humanitarian and compassionate considerations, and the process of submitting this type of application as well.

Why Does this Type of Application Exist?

This application is not simply for individuals who want to enter Canada, but cannot. Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada. More specifically, this type of application is for individuals facing specific and undue harm should they have to return to their home country. The government of Canada recognizes that in some circumstances, an individual’s situation justifies giving their application special consideration. Therefore, that is what an application with H&C does.

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Self Employed Immigration Information

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How Do I Immigrate as a Self Employed Individual?

You may have done some digging into how to immigrate to Canada as a permanent resident, and noticed that unless you are coming to Canada while being sponsored by a family member or loved one, or applying for refugee status, almost all paths to permanent residency require the applicant to have a valid job offer before they will be able to apply successfully. Though, if you are a self-employed individual, it may not be in your agenda to work as an employee. You may see a keen opportunity to open your business in Canada, and you may want to act now. If this is the case, you should be aware the options are minimal, but there are ways in which you can immigrate to Canada as a self-employed individual. Throughout this article, we will work to help you understand how to go about immigrating to Canada as a self-employed individual.

What is Self Employed Immigration?

Well, as the name suggests, it is the way in which a self-employed individual immigrates to Canada, not because they have a valid job offer to support their permanent residency, but because they have promised to start a business upon their arrival in Canada and proved to be capable of doing so to an immigration officer when applying for permanent residency. To be eligible for this program, there are fairly strict requirements, though, this program is not to be overlooked; it presents a very unique opportunity to immigrate to Canada. Specifically, an individual who wishes to apply through the Self-employed immigration program must have relevant experience in cultural activities or athletics. These are the areas of the Canadian economy the Canadian government has determined are in need of assistance self-employed immigration can offer, whereas other sectors are not in need of assistance.

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Apply for a Start Up Visa

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What is a Start-up Visa?

There is a very unique immigration opportunity available to individuals who are entrepreneurs and have an innovative business idea. The startup visa program, as it sounds, helps individuals who are interested in coming to Canada to start a business which has a good chance of success, accomplish this and become permanent residents of Canada. There is a very selective application process for this type of visa, because the Canadian government must be convinced your business idea actually has a good chance at success. If this cannot be expected, the Canadian government will not allow you to apply for permanent residency through the startup visa program. Keep reading this article if you are an entrepreneurial individual with an eye on the Canadian market, and would like to live in Canada. The startup visa program may be just the option for you.

How Do I Know I am Eligible for the Startup Visa Program?

In short, to be eligible for the Start-up Visa Program, you must have a qualifying business, prove your business is properly supported by a designated organization, meet the language requirements as an individual applicant and bring with you enough money to settle in Canada.

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Canadian Investor Program

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Changes to the Canadian Investor Program

One of the most unique immigration programs offered by the Canadian government has changed in the last couple of years. It is important to Akrami and Associates, that not only the immigration professionals are able to keep up with the changes, but also that we help our clients keep up with the changes as well. Therefore, this article will cover the changes which have taken place over the Canadian Investor program, formally known as the Federal Immigrant Investors and Entrepreneurs program. It has now become the Immigrant Investor Venture Capital Pilot Program, and more than just the name has changed.

If you have Already Applied under the Former Federal Immigrant Investors and Entrepreneurs program…

Unfortunately, with the termination of the Federal Immigrant Investors and Entrepreneurs program, many applications were also terminated. If a decision was not made on your application before February 11, 2014, your application would have been terminated, and the fees should have been returned. The only exception to this is applications made under the Quebec Investor Program and the Quebec Entrepreneur Program.

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Apply to Visit Canada

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Apply for a Visitor’s Visa

Are you considering a trip to Canada temporarily? Do you come from a non-visa exempt country? Every year over 35 million people travel to Canada. Sometimes, people come to visit relatives, or, to attend a business trip, or, maybe even for simply tourism. If you do not come from a visa-exempt country and are trying to visit Canada, you must apply for a temporary resident visa, to be permitted to enter the country. All applicants must ensure they apply for all the necessary documents before attempting to travel to Canada, to avoid being denied entry at the border. If you come from a visa-exempt country, you have less to worry about than anyone else. Or, for example if you have a criminal history, you must address your inadmissibility before being able to enter Canada. If you are thinking about travelling to Canada in the near future, continue reading this article to find information that could be beneficial for you. Let us help you in applying for the right visa today!

What is a Visitor’s Visa?

A visitor visa, otherwise known as a temporary resident visa, is a document which allows individuals who are from non-visa exempt countries to enter Canada. If you are from a visa-exempt country, you do not require a visitor visa; rather, you simply require an eTA, otherwise known as an Electronic Travel Authorization. In order to apply for a visitor’s visa, you must only be requesting to enter the country on a temporary basis. To apply for a visitor visa successfully, you must be able to prove to an immigration officer that you will leave after the period of time your visa is valid for, is up.

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Common Questions about Working in Canada Temporarily

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Common Questions about Working in Canada Temporarily 

There are many reasons individuals have a wish to come to Canada and enter the Canadian labor market. Though, because there are so many reasons to want to work in Canada, many, many people are signing up to do so. With all the interest in working in Canada, the Canadian government has several programs which individuals can apply to, essentially, to allow individuals to apply to work in Canada in the sector which most suits their knowledge, skills and work experience. Overall though, this has resulted in a large and confusing cluster of ways in which individuals can obtain work permits in Canada, ultimately making it much more difficult for individuals to understand how to get started on applying to work temporarily in Canada. This article will therefore serve the purpose of helping answer some questions individuals commonly have about temporary work permits, and how they may obtain one.

What is an LMIA? Do I Have to Apply for one?

The short answer is, you probably will need to apply for an LMIA, otherwise known as a labor market impact assessment. Essentially, this is an application for permission for the Canadian employer the foreign national intends to work for, to be able to fire a foreign worker temporarily. The Canadian government wants to avoid temporary workers coming to Canada, and taking positions away from Canadians who need work. Therefore, the LMIA assesses what the impact of hiring a temporary foreign worker would be. Ultimately, a positive LMIA is an endorsement by the Canadian government for the employer to hire a temporary foreign worker. To learn more about LMIA’s, follow the link provided. They can essentially be treated as an application all in themselves, so there is more to know about LMIA’s than can be covered here.

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FAQ's about Labor Market Impact Assessments

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FAQ’s About Labor Market Impact Assessment

When it comes to a Labor Market Impact Assessment (LMIA), many individuals looking to apply for a work permit are intimidated, confused and concerned for their ability to obtain a positive LMIA, so that they may have a chance of obtaining a work permit. In this article, we will attempt to help you understand LMIA’s, and clear up many areas we notice individuals commonly misunderstand in reference to their LMIA’s.

Q: What is the Purpose of an LMIA?

A labor market impact assessment shows whether or not foreign workers are needed to fill a specific position in the Canadian economy, or, it will determine there are Canadians available to fill a position, and the LMIA will be negative. A positive LMIA is needed to successfully apply for a work permit. If you do not first obtain a positive LMIA before applying for a temporary work permit, your application will be denied.

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We Can Help With Your Applications

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How to Avoid Common Application Mistakes

The number one reason applications are refused is because they are riddled with mistakes. These applications are difficult applications to pursue on your own, because, if you are unfamiliar with the process, there is a good chance you overlook certain details and submit an imperfect application. Unfortunately for applicants, the Canadian Government is not interesting in assisting others file applications; this is why they recommend you consult an immigration specialist, or a lawyer. It often comes as a surprise when an application which is incomplete is returned and refused, without any ability to re-submit it and pick up where it left off. However, one needs to understand, immigration and border protection cannot be taken lightly. Applications must be complete and robust for the security of Canada as a whole. Therefore, it makes sense that when an application is complete, it cannot simply be approved. Furthermore, the Canadian government has to devote all its time and resources to processing and approving complete applications for individuals who truly deserve to fulfill their long-worked-for-wish of immigrating to Canada. Everyone who submits an application to immigration can understand, the wait time are agonizing at the best of times, and they would not like to think their applications are being inefficient they are spending too much time processing applications. Ultimately, we have created this article to help applicants have an easier time submitting applications which will not be returned and refused, and get everyone working together to help Canadian border officers process more files successfully.

1. Always check country specific requirements before submitting your application.

Regardless of the type of application you are submitting, whether it be for permanent residence, or for temporary residence, please take the time to do this. Depending on the country and the type of application you are submitting, you could need to submit additional documents. Or for example, you could have to submit originals of some documents which other countries are only required to submit a copy of. If you do not submit original documents when required, your application will be returned as incomplete.

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How to Restore your Status in Canada

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What is “Restoration of Status?”

Restoration of status is a fancy term for the process an individual who wishes to change or extend the terms of their temporary stay in Canada, necessarily goes through. As a temporary visitor to Canada, you only have legal status in Canada to stay for a designated period of time, therefore, if you decide you would like to stay longer to study or work, you must apply to extend your permit before the permit expires. If you fail to apply for a new permit before yours expires, you will not be on implied status, and rather, you will now have to apply for a restoration of status. A restoration of status is needed by any individual who allows their permit to expire before submitting a new application, but still would like to remain in Canada. If this is the case for you, I will be breaking down how to go about applying to restore your status in Canada, and successfully obtain a new valid temporary permit which will allow you to remain in Canada.

Who Needs to Apply for Restoration of Status?

The most important criteria to meet before applying for a restoration of status, to ensure you are even required to restore your status, is that you have allowed your temporary visa allowing you to be in Canada, to expire. Similar to this, you could also find yourself eligible to apply for restoration of status as the result of failing to abide by the conditions of your work or study permit. Specifically, you must have violated the condition to only work for the employer listed on your work permit, or, because you changed your program of study or educational institute from the one which is listed as a condition on your study permit. If you do either of these things and consequently have your study permit revoked, you can apply to restore your status on the new conditions of your permit. Though, it is important you did not violate any other conditions of your temporary permit. Next, it is equally important this permit has expired less than 90 days before you submit your application to restore your status. If it has been longer than 90 days, you are unfortunately ineligible. Finally, as mentioned, you must have complied well with the conditions on the original permit. Failure to have done so would also result in having your application to restore your status refused.

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