Temporary residents who can’t leave Canada may be able to extend their stay

Published on February 6th, 2021 at 04:00am EST

Foreign nationals in Canada whose temporary residency status is expiring soon may be able to extend their stay in Canada.

Temporary residents who cannot leave Canada due to coronavirus restrictions can apply to extend their status. In their application, they need to provide Immigration, Refugees and Citizenship Canada (IRCC) an explanation as to why they need to stay in Canada.

Applicants must apply online and meet the requirements, which includes paying biometrics fees, as needed. IRCC says applicants should apply in advance of their current temporary resident status expiring.

Those who have an extension application currently in progress will benefit from maintained status, and are allowed to stay in Canada until a decision is made on their application. This means that expedited processing is not required for these applicants.

There are no additional fee waivers for temporary residence applications or extensions, except for specific fee waivers implemented under a public policy.

Get professional help with your application to extend temporary residency status

Immigration officers are instructed to check whether international air travel has been closed, and whether commercial flights to the applicant’s country of origin or destination are available. They are also told that if biometrics are not collected as part of the application, any fee paid for that service should be refunded.

What if my status has expired?

Temporary residents may apply for restoration within the 90 days after their status has expired. They must pay associated processing and restoration fees, as applicable.

In order to be eligible for restoration, the foreign national needs to have been in Canada with valid temporary status between January 30, 3030 and May 31, 2021, and lost their status during this period. They also need to have stayed in Canada since their initial entry. There is also a processing fee of $200.

If the applicant is eligible for restoration an immigration officer will assess their application.  If the applicant meets all the requirements, the officer will issue a visitor record or the appropriate permit outlining the conditions for the restoration status. After that they will mail the document to the applicant.

However, if the applicant is not eligible for restoration the Minister’s delegate decides on a disposition for the case. This could mean one of three things: the delegate will refer the case to an admissibility hearing; issue a departure order; or allow the foreign national to stay in Canada.

Get professional help with your application to extend temporary residency status

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