How long can I stay out of status?

Navigating the Complexities: How Long Can You Stay Out of Status in Canada?

Discovering that your Canadian immigration status has lapsed can be a stressful experience. The immediate concern is often: how long can I stay in Canada now? While the expectation is that you should depart the country as soon as possible, the Canadian government does provide a limited window of opportunity to rectify your situation.

Remaining in Canada without valid immigration status, be it as a visitor, student, or worker, has serious consequences. However, recognizing that administrative errors and unforeseen circumstances can occur, Immigration, Refugees and Citizenship Canada (IRCC) allows for the possibility of “restoration of status.” This means you might be able to regain your legal standing and continue your stay.

The 90-Day Grace Period: Your Key to Potential Restoration

Crucially, you have 90 days from the date your original immigration documents expired to apply for restoration of status. This is not a guarantee of approval, but it represents your opportunity to present your case and potentially avoid the need to leave Canada.

Understanding the Restoration Process:

Applying for restoration involves submitting a specific application to IRCC along with the required documentation and fees. This application must demonstrate that:

• You meet the requirements for the status you are seeking to restore. For example, if you were a student and wish to restore your student status, you need to prove you are still enrolled in a designated learning institution and meet the other eligibility criteria.
• You failed to comply with the conditions of your original status. This might include overstaying your visa, working without authorization, or not attending your designated learning institution.
• You have not engaged in any activities that would make you ineligible for restoration. This could include committing a crime, misrepresenting information on your application, or posing a security risk to Canada.
• You have a reasonable explanation for your status lapse. This could include being unaware of the expiration date, experiencing a medical emergency, or facing unforeseen difficulties in renewing your documents.

Important Considerations:

• The 90-day window is strict. Applying after this period significantly reduces your chances of success and may require you to leave Canada and reapply from abroad.
• Restoration is not guaranteed. IRCC will assess your application based on its individual merits and has the discretion to deny it, even if you apply within the 90-day timeframe.
• Consult a professional. Navigating Canadian immigration law can be complex. Seeking guidance from a registered Canadian immigration consultant or lawyer can provide invaluable support in understanding your options, preparing your application, and representing your case effectively.
• Avoid further violations. While your restoration application is being processed, it is crucial to refrain from activities that could further jeopardize your chances of approval, such as working without authorization or violating any Canadian laws.

What Happens if Restoration is Denied?

If your restoration application is denied, you will be expected to leave Canada promptly. Failure to do so could result in enforcement action, including deportation.

In Conclusion:

While staying in Canada without proper status is a serious issue, the 90-day window for restoration offers a potential pathway to regaining legal standing. Acting quickly, thoroughly documenting your situation, and seeking professional advice are critical steps in navigating this challenging process and maximizing your chances of a successful outcome. Don’t delay; addressing your situation proactively is the best way to safeguard your future in Canada.