The Covid-19 pandemic and related international travel restrictions made thousands of foreign nationals in Canada feel helpless after losing their immigration status. The office closures followed by the national lockdown intensified the tension and confusion. Canada had also halted express entry rounds of invitations for skilled workers and only focused on inviting applicants already in Canada.
If you have lost your status in Canada, it’s natural to feel as if you are out of options, but you are not. There are tremendous opportunities available for temporary residents to adjust their status in Canada after the expiration of their visas. Let’s talk about them all:
What does it mean to be out of status?
Having an immigration status means that a foreign national is legally allowed to live and work in Canada, either temporary or permanent. A person may be a temporary resident if they are permitted to remain in Canada for a specific period only.
Temporary residents in Canada are mainly students or work permit holders. Permits and visas come with both validity and expiration date. Someone is a temporary resident in Canada until the date specified on their visa stamp expires.
Staying in Canada or any other country beyond the expiry date is an offense as per the immigration law. If a person has not applied to extend their visa in Canada, they must exit the country as soon as the expiry date arrives.
For temporary residents in Canada who want to live in Canada, the first step is to apply to adjust or restore their immigration status. The restoration status must be applied within 90 days of the expiration of your permit.
Your chances of getting permanent residency will be thin if you fail to apply within these 90 days.
Express Entry
You’d be surprised to know that many temporary residents in the federal Express Entry pool wait for their permanent residency status approval. These candidates also have an excellent comprehensive ranking system (CRS ranking) compared to their counterparts, mainly because of their Canadian experience. Some also have a job offer or provincial nomination that further increases their score strengthen their chances of receiving an ITA during express entry rounds of invitations. An applicant’s profile remains active in the Express Entry system regardless of their visa status.
As long as you abide by the 90 days and comply with all conditions regarding your status, such as not working or leaving the country (if your application gets rejected), there will be no negative impact on your express entry profile.
Please note: If your permit is no longer valid, but you have applied for the extension of your status while the immigration officers assess your application. In that case, you can work in Canada as per the conditions of your previous visa while awaiting the decision on your new application.
Sponsorship
Spousal sponsorship is another preferred option for those with an expired visa status. If your spouse or partner is a Canadian permanent resident or citizen, they can sponsor you for permanent residency.
Just like any other spousal sponsorship applications, the applicant and the sponsor must be able to prove that their relationship is genuine and meet all legal requirements determined for legal relationships in Canada.
Connect with our immigration experts to know more about applying for permanent residency in Canada. Call us or connect with us via mail at web@visaexperts.com
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