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Out of Status in Canada: What Can I Do?

Updated: Apr 24


Losing your legal status in Canada can be stressful and overwhelming, but it’s important to know that you may still have options to restore or regain legal residency. Whether your temporary status has expired, you’ve overstayed your visa, or you’re facing possible removal, understanding your next steps is crucial.


This guide will walk you through what it means to be “out of status,” the risks involved, and the possible legal solutions available to you. From restoration of status to Temporary Resident Permits (TRPs), Humanitarian and Compassionate (H&C) applications, and spousal sponsorship, we’ll cover every possible route that may help you remain in Canada legally.



What Does "Out of Status" Mean?

In Canada, individuals on temporary status, such as visitors, students, or workers, must abide by the conditions of their stay. If your visa, permit, or authorization to remain in the country expires and you haven’t applied for an extension or change of status before the expiry date, you are considered out of status.


This means that you no longer have legal permission to stay in Canada, and you could face consequences such as:


  • Loss of work or study privileges

  • Ineligibility for health and social benefits

  • Possible deportation or removal orders

  • Difficulties applying for future visas or permanent residence


However, being out of status does not necessarily mean you must leave the country immediately. You still have options to restore your status or apply for special permits that allow you to stay legally, options such as;


Apply for Restoration of Status

If you have lost your status within the last 90 days, you may be eligible to apply for restoration of status. This allows you to regain your previous status (as a student, worker, or visitor) or switch to another legal status.

Eligibility for Restoration of Status

To qualify for restoration, you must:

  • Apply within 90 days of your status expiring.

  • Not have violated any other immigration laws beyond losing status.

  • Meet the original conditions of your previous visa or permit.

  • Provide a valid reason for your delay in applying.

Steps to Apply for Restoration of Status

  1. Complete the application package: You must fill out the correct forms, depending on your previous status (e.g., IMM 5709 for students, IMM 5710 for workers).

  2. Prepare supporting documents: This may include proof of financial support, explanation letters, and documents related to your original permit (such as your study or work permit, enrollment letter, or job offer).

  3. Pay the required fees: Restoration fees start at $239.75, but additional fees apply depending on the type of permit you're requesting (e.g., study permit, work permit, etc.).”

  4. Submit your application online: Your application must be sent to Immigration, Refugees and Citizenship Canada (IRCC).

  5. Wait for a decision: Processing times can vary, so it’s crucial to apply as soon as possible.


Important Note: While your application is being processed, you cannot work or study until your status is officially restored.


For assistance with applying for restoration of status, schedule a consultation with InfoPlace Canada.


Apply for a Temporary Resident Permit (TRP)

If more than 90 days have passed since you lost your status, you cannot apply for restoration. Instead, you may be eligible for a Temporary Resident Permit (TRP), which allows you to stay in Canada temporarily despite your inadmissibility.

Who Can Apply for a TRP?

  • Individuals who missed the 90-day restoration window but have valid reasons to stay in Canada.

  • People with expired visas who have compelling humanitarian or economic reasons to remain.

  • Those with minor immigration violations that do not pose a security risk.

Apply for Permanent Residence on Humanitarian & Compassionate (H&C) Grounds

If you have been living in Canada for a long time, you may be able to apply for permanent residence under Humanitarian and Compassionate (H&C) considerations. This option is available for individuals who:

  • Have strong family or community ties in Canada.

  • Would face significant hardship if forced to leave Canada.

  • Have children who would suffer if removed from Canada.


This is a complex application, and only strong cases are approved. It is highly recommended to seek professional assistance before applying. For more information on how to apply for H&C Permanent Residence, visit Infoplace Canada.





Spousal Sponsorship for Out-of-Status Individuals

If you are married to or in a common-law relationship with a Canadian citizen or permanent resident, you may still qualify for spousal sponsorship, even if you have lost your legal status in Canada. The Spouse or Common-Law Partner in Canada Class allows out-of-status individuals to apply for permanent residency without having to leave the country. This is intended to keep families together while the application is processed.


To qualify, you must prove that your relationship is genuine and meet all eligibility requirements. Your sponsor must also demonstrate financial ability to support you and ensure that you will not rely on social assistance. In some cases, an open work permit may be available while your application is being processed, allowing you to work legally in Canada.


It is crucial to submit a strong application with all necessary supporting documents, as applications involving out-of-status individuals can face additional scrutiny. Seeking guidance from an immigration consultant or lawyer can help improve your chances of approval.

Common Myths and Misconceptions About Being Out of Status

There are several myths surrounding out-of-status individuals in Canada. Let's debunk some of the most common ones:


  1. If You’re Out of Status, You Must Leave Immediately: This is false. While being out of status is a serious matter, Canada offers various pathways to restore your legal stay, such as restoration of status, and Temporary Resident Permits (TRPs). Leaving Canada may actually hurt your chances of obtaining PR if you still have viable options to apply from within the country.


  1. You Cannot Apply for Permanent Residence If You’re Out of Status: This is another misconception. While some PR programs require applicants to have legal status, others, such as the Humanitarian & Compassionate (H&C) application and spousal sponsorship, do not.


  1. You Can Work While Waiting for Restoration of Status: Unfortunately, this is not true. If your status has expired, you must stop working immediately until your restoration is approved.


  1. Once Out of Status, You Can Never Return to Canada: While being out of status can affect future visa applications, it does not automatically ban you from returning. By following the proper procedures and applying for restoration, TRPs, or PR, you can still regain legal status in Canada.

How to Avoid Becoming Out of Status in Canada

Losing legal status in Canada can be really stressful so it is best to prevent it from happening in the first place. There are proactive steps you can take to maintain your status and avoid unnecessary complications.


1. Keep Track of Your Expiry Dates

Many people fall out of status simply because they forget their permit or visa expiration date. It’s important to:

  • Mark your calendar with reminders for renewal.

  • Check your documents regularly to ensure they are still valid.

  • Set up email alerts with personal reminders or through the IRCC portal.


If your visa is about to expire, act immediately. Waiting until the last minute increases the risk of missing deadlines, technical issues, or unexpected processing delays.


2. Apply for Extensions Early

If you plan to stay in Canada beyond your current permit, apply for an extension well in advance. IRCC recommends applying at least 30-90 days before your status expires.


  • Visitors: Can apply for a visitor record to extend their stay.

  • Students: Must apply for a study permit renewal before their current permit expires.

  • Workers: Usually need employer support through an LMIA or an LMIA-exempt offer (such as under the International Mobility Program) to extend their work permit, depending on their specific situation.


Applying early ensures that even if there are processing delays, you may still benefit from maintained status, which allows you to continue working or studying legally while waiting for a decision.


3. Keep Copies of All Documents

Losing important documents like your permit, visa, passport, or approval letter can lead to serious issues. To prevent problems:

  • Scan and save digital copies of all permits and visas.

  • Keep printed copies in a secure location.

  • Ensure your passport is valid for the duration of your stay.


If you lose your documents, report it immediately and request replacements before your status is affected.


4. Avoid Unauthorized Work or Study

Many people unknowingly violate the terms of their visa or permit by:

  • Working without authorization on a visitor visa.

  • Exceeding the allowed working hours on a study permit.

  • Engaging in off-campus work without confirming eligibility on their study permit.


Violating these conditions can result in immediate loss of status and make it harder to apply for restoration. Always ensure you have the correct permit and authorization before engaging in any work or study activities.


5. Seek Professional Guidance for Immigration Applications

Immigration laws and policies change frequently. A mistake in your application can lead to delays, rejections, or even loss of status. Seeking professional guidance can:

  • Help you understand your options and eligibility.

  • Ensure you submit complete and accurate applications.

  • Assist with appeals, restoration, or legal alternatives if needed.


If you are unsure about your immigration status or need assistance with extensions, contact InfoPlace Canada for expert guidance.


Conclusion

Being out of status in Canada can be overwhelming, but it’s not the end of the road. There are several legal options available, whether through restoration of status, a Temporary Resident Permit (TRP), a Humanitarian and Compassionate (H&C) application (in specific scenarios like facing severe hardship or needing to stay in Canada for family reasons), or spousal sponsorship (which is only available if you meet specific relationship and immigration requirements). The key is to act quickly and make informed decisions to protect your future in Canada.


Navigating immigration challenges can be complex, and missing a step could lead to delays or rejections. That’s why seeking professional guidance is crucial. InfoPlace Canada offers expert support to help you understand your options, prepare strong applications, and move forward with confidence.


Don’t wait until it’s too late! Reach out to us today and take the first step toward regaining your legal status in Canada.


 
 
 

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