Temporary Residents Now Have Until August 31st To Restore Their Status

Immigration, Refugee, and Citizenship Canada (IRCC) are giving temporary residents another chance to extend their stay in Canada. Temporary residents who had valid status on or after Jan 30, 2020, but whose status expired on or before May 31, 2021, will have until Aug 31, 2021, to apply to restore their status.

This is an extension of a public policy that was introduced on July 14, that was originally just valid until Dec 31, 2020.

It affects workers, visitors, and students who were in Canada when their status expired. Generally, they would have ninety (90) days to apply to restore their status.

However, due to service disruptions caused by the coronavirus outbreak, affected people now have until the end of August to forward in their applications, if they meet certain conditions.

In order to be qualified for the new policy, candidates need to have been in Canada with valid status between Jan. 30, 2020, and May 31, 2021.

They must have stayed in Canada since entry and lost their status during this period. They also must need to have paid the processing fees for the application to restoring their temporary resident status.

The policy also extends to holders of work permit with job offers to work while their application is on. This could apply to their work permit application or their restoration. If temporary foreign workers are approved under this policy, they may be allowed to continue with their employment while waiting on a decision to restore their status or obtain a work permit.

In order to be qualified for this interim work authorization, foreign nationals need to have lodged an employer-specific work permit and restore application, and paid all fees.

They must have held a valid work permit in the twelve (12) months prior to the date on which they sent in their restoration application.

They intend to work for the Canadian employer or occupation listed in the Labor Market Impact Assessment (LMIA) or the LMIA-exempt offer of employment included in the application for the work permit.

They have completed an IRCC webform to apply for the public policy and they have demanded that the exemption be applied until a decision on their work permit application is finalized.

Here is a hypothetical example of an individual who may apply for an interim work authorization, based on the IRCC webpage.

Clara’s work permit expired on Dec. 30, 2020, and she fell out of status. She then lodged a restoration and work permit application within ninety (90) days of losing her status, on March 1, 2021. As a result of the new public policy, she is allowed to work while the Canadian immigration department is processing her work permit application.

However, it would not apply in this other hypothetical example.

Tyler is a work permit-exempt worker who is also restoring his status and applying for a work permit with a job offer. But, he didn’t hold a valid work permit in the twelve (12) months preceding the date on which he lodged his application. So, he would not be qualified for the interim work authorization.

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