Canada: Temporary residents get more time to restore status

According to a “public policy exempting certain out-of-status foreign nationals in Canada from immigration requirements: COVID-19 program delivery”,  temporary residents in Canada – visitors, students and foreign workers – will now have until August 31, 2021, to apply for restoring their residency status in Canada.

A temporary public policy established on July 14, 2020, exempted foreign nationals from certain requirements of the Immigration and Refugee Protection Regulations [IRPR] and the Immigration and Refugee Protection Act [IRPA], provided they met specific conditions.

While the public policy has been extended to August 31, 2021, the eligibility criteria has been expanded to include foreign nationals that were in Canada from January 30, 2020 to May 31, 2021.

As per Immigration, Refugees and Citizenship Canada [IRCC], “The public policy remains in effect until August 31, 2021. Eligible applications received on or before August 31, 2021 may benefit from this public policy.”

With the announcement by the Canadian immigration department, Canada is giving temporary residents another chance for extending their stay in the country.

Generally, a foreign national in Canada that had lost their temporary resident status are required to apply for a restoration within 90 days of losing their status.

All such in-Canada foreign nationals that had lost their temporary resident status in Canada – within the specified timeframe – will be exempt from the requirement of applying within 90 days.

However, the authority to work while the restoration and work permit applications were under processing will only be available to those –

• Previously assessed as workers [that is, those that had held a work permit in the 12 months prior to their application for restoration of temporary resident status],
• With a job offer, and
• That had submitted an employer-specific work permit.

Now, as per IRCC, “due to service disruptions caused by the coronavirus pandemic, affected individuals now have until the end of August to send in their applications”, provided they meet certain conditions.

To be eligible for the new policy, the applicant must have been in Canada on a valid status between January 30, 2020 and May 31, 2021. Additionally, they must have remained in Canada since their entry and have lost their temporary status during this period.

Such individuals will also be required to have paid their application processing fees towards the restoration of their temporary resident status.

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