by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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Understanding What "Out of Status" Means in Canadian Immigration
If you're living in Canada as a temporary resident, it's crucial to understand what "out of status" means. Falling out of status can have serious consequences for your immigration journey, including loss of legal status, removal orders, or being barred from returning to Canada. Whether you're a visitor, student, or worker, knowing your rights and next steps is essential.
What Does Being "Out of Status" Mean?
Being "out of status" means your legal authorization to remain in Canada has expired or is no longer valid. This could happen if:
- Your visa or permit has expired.
- You have violated the conditions of your stay (e.g., working without a permit).
- You stayed beyond the authorized time without applying for an extension.
Common Scenarios Where Someone Falls Out of Status
- A student whose study permit expired before completing their studies and who didn't apply for an extension.
- A tourist on a temporary resident visa (TRV) who remained in Canada past their authorized 6-month stay without applying for a visitor record.
- A worker whose work permit expired, and they continued working without valid authorization.
Legal Options After Falling Out of Status
If you're out of status in Canada, it's important to act quickly. Options may include:
- Restoration of status: If it's been less than 90 days since your status expired, you may apply to restore your status.
- Humanitarian and compassionate applications: In some situations, you may qualify based on compelling circumstances.
- Temporary resident permit (TRP): For those who are inadmissible or out of status but have valid reasons to stay in Canada.
Why Legal Help is Critical When You're Out of Status
Immigration law is complex. Being out of status affects not only your current stay in Canada but also your future permanent residence or temporary visa applications. Zohil-Morton Law provides expert legal representation tailored to your case.
At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.
Still have questions? Book a consultation today with Cristina Zohil-Morton and the team at Zohil-Morton Law.
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Frequently Asked Questions About Being Out of Status in Canada
What does it mean to be out of status in Canada?
Being out of status means your immigration status in Canada has expired or is no longer valid. You are no longer legally authorized to stay in the country until you restore your status or obtain a new permit.
Can I stay in Canada if I'm out of status?
You may be able to apply for a restoration of status if it's been less than 90 days since you lost status. Otherwise, options may include humanitarian applications or leaving and reapplying from outside Canada.
How long can I stay in Canada after my visa expires?
You are considered out of status the day after your visa or permit expires. However, you have 90 days to apply for restoration. During this time, you are not authorized to work or study unless otherwise permitted.
Where can I get legal help for out of status issues in Canada?
You can contact Zohil-Morton Law for experienced legal guidance tailored to your immigration situation.
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