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Temporary residents now have until summer 2021 to restore their status

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Mechanic examining vehicle underbelly

The Canadian immigration department is giving temporary residents another chance to extend their stay in Canada.

Temporary residents who had valid status on or after January 30, 2020 but whose status expired on or before May 31, 2021 will have until August 31, 2021 to apply to restore their status, according to the Canadian government’s webpage.

This is an extension of a public policy that went into place on July 14 that was originally just valid until December 31, 2020. It affects workersstudents, and visitors who were in Canada when their status expired. Normally, they would have 90 days to apply to restore their status. However, due to service disruptions caused by the coronavirus pandemic, affected individuals now have until the end of August to send in their applications, if they meet certain conditions.

In order to be eligible for the new policy, applicants need to have been in Canada with valid status between January 30, 2020 and May 31, 2021. They must have remained in Canada since entry, and lost their temporary status during this period. They also need to have paid the application processing fees for restoring their temporary resident status.

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

In order to be eligible for this interim work authorization, foreign nationals need to have submitted an employer-specific work permit and restoration application and paid all fees. They must have held a valid work permit in the 12 months before the date on which they sent in their restoration application. They intend to work for the employer or occupation listed in the Labour Market Impact Assessment (LMIA) or the LMIA-exempt offer of employment included in their work permit application. They have filled out an IRCC webform to apply for the public policy and they have requested that the exemption be applied until a decision is made on their work permit application.

Here is a hypothetical example of someone who may apply for an interim work authorization, based off the Immigration, Refugees and Citizenship Canada (IRCC) webpage.

Min’s permit expired on December 30, 2020 and she fell out of status. She then submitted a restoration and work permit application within 90 days of losing her status, on March 1, 2021. As a result of the public policy, she is able to work while IRCC is processing her work permit application.

However, it would not apply in this hypothetical example.

Oscar is a work permit-exempt worker who is restoring his status and applying for a work permit with a job offer. But, he did not hold a valid work permit in the 12 months preceding the date on which he submitted his application. So, he would not be eligible for the interim work authorization.

Contact Attorney Daniel Levy for Assistance

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