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How to Get Permanent Residency in Canada While Out of Status?

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Once you lose your immigration status in Canada, you may feel that all options have been exhausted. There are, however, ways in which temporary residents who are not in status can gain permanent residence in Canada. For instance, you may be eligible to apply for a study permit in Canada. 

Out of Status, What Does it Mean?

An individual with status is permitted to stay in Canada legally. If individuals have permission to remain temporarily in the country but are not entitled to permanent residency, they will be considered temporary residents. When you apply for study permit Canada, a visa, or receive a passport stamp, you become a temporary resident. This permit will state how long it is valid. As long as you possess one of these documents, you will maintain temporary status in Canada for the duration specified on the document.

Under Canadian immigration law, staying past the end of one’s status is an offence. Individuals who have not applied for an extension of their stay in Canada have to leave once their status expires. 

The first step in regaining your status should be applying for a restoration of status upon the expiration of your temporary resident status. This application must be submitted within 90 days of the expiration of temporary resident status. If your temporary status expired more than 90 days ago, you have fewer options for remaining in Canada.

Sponsorship

In cases of out-of-status individuals, spousal sponsorship is one of the few available options. A person living with their spouse or common-law partner in Canada can apply for permanent residency sponsorship. As with any application for spousal sponsorship, the couple must be able to demonstrate to immigration officials the authenticity of their relationship. In addition, it must meet the legal requirements for the relationship to be recognized as a marriage or common-law partnership.

Express Entry

There are many candidates in the Express Entry pool for federal immigration who are temporarily in the country or studying. When it takes them to receive an invitation to apply for permanent residence, their temporary status may expire. Work visa sponsorship Canada is available to such individuals.

Express Entry categories are as follows:

  • Federal Skilled Worker (FSW)
  • Federal Skilled Trades (FST)
  • Canadian Experience Class (CEC)

A candidate’s score on the Comprehensive Ranking System (CRS) is likely to decrease if this occurs. However, even if the status has expired, the profile will still be included in the candidate pool.

The application for restoring your status should be made within 90 days of the loss of your status, and you should abide by the terms and conditions. If your application is denied, you may have to stop working and leave the country. Your Express Entry file will not be affected by this action.

Suppose you have exhausted your temporary status but have already applied for an extension or new status. This means you have maintained your status throughout the processing of your application. Therefore, you can continue to work in your previous status while your new application is being processed.

Overstayed Your Visa in Another Country:

If you are out of status in a country other than Canada, you should not be concerned that it could affect your application for permanent residence in Canada. 

To determine whether a candidate is eligible for a temporary residence permit, IRCC officers assess temporary residence applications. The officers will also determine whether the applicant will adhere to the terms and conditions of their stay. This refers to the probability of leaving once your current status expires. 

A visa officer may refuse your application if you have overstayed your status in another country. However, when you apply for permanent residence in Canada, you must demonstrate the intention to reside there. If there is a criminal component to the ineligibility, likely, it will negatively impact your application for permanent residency. Work visa sponsorship Canada can also assist you in this process.

The Advantages of Being a Permanent Resident of Canada

When you become a permanent resident of Canada, you will gain the following benefits:

The facility to live and work anywhere in Canada:

It is the legal right of permanent residents to live and work in any part of Canada. An individual, who begins their career as a new PR in Montreal, but finds a more promising position in Toronto, is entitled to move. The permanent resident status does not bind the individual to a particular province or employer. 

Universal access to healthcare and social services:

Canada has free universal health care. In addition, once a person becomes a permanent resident of Canada, they have access to its social and healthcare services.

Family sponsorship:

Residents of Canada can sponsor their spouses, common-law partners, and dependent children to join them in the country. However, if you apply for immigration through Express Entry, your family members can be included in your initial application, eliminating the need to sponsor them later.

Children are entitled to free education:

Permanent residents of Canada can send their children to school with no tuition-free until the end of secondary school. The cost of postsecondary education for permanent residents is also much less than for international students after graduation.

Conclusion

As long as you maintain legal status, you can remain in Canada while awaiting permanent residence. Temporary resident status is only valid for a limited time, and you must ensure that your temporary resident status stays active while you are in Canada. Apply for a study permit in Canada with the help of immigration experts, so you do not jeopardize the application process and maximize the chances of getting PR.

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