Being out of status in Canada can be overwhelming, but several legal options are available to regain lawful presence. Acting quickly is essential, as remaining without status can lead to consequences such as removal orders, detention, or being barred from re-entry. Here are four primary pathways to restore your legal status in Canada:
- Restoration of Status
Who it’s for: Temporary residents (visitors, students, workers) who lost their status but were previously in compliance.
Key Requirements:
- Must apply within 90 days of losing your status.
- Must not have violated initial permit conditions.
- Must meet eligibility for the new status you are applying for.
Application Process:
- Confirm eligibility.
- Gather documents.
- Access and complete the online application through your IRCC account.
Pros:
- Simple and quick if done within the 90-day window.
- Lets you stay in Canada legally with a new status.
Cons:
- Not possible after 90 days.
- Not available for those who violated their original permit terms.
- Spouse Sponsorship Inside Canada
Who it’s for: Individuals in Canada out of status but in a genuine relationship with a Canadian citizen or permanent resident.
Key Requirements:
- Must be legally married or in a common-law relationship.
- Must prove the relationship is genuine.
- Must be living in Canada during the application process.
Application Process:
- Prepare and submit both the sponsorship and PR applications together.
- Provide proof of relationship and legal documents.
- Apply for an open work permit if desired.
Pros:
- Can stay in Canada while your PR is processed.
- Provides a pathway to permanent residency.
Cons:
- Takes time (around 12 months or more).
- Risk of refusal if relationship is not proven genuine.
- Humanitarian & Compassionate (H&C) Application
Who it’s for: Out-of-status individuals facing serious hardship or who are well-established in Canada.
Key Requirements:
- Must be in Canada when applying.
- Must show compelling humanitarian reasons or significant hardship if removed.
- Not eligible to apply under other immigration classes (like spouse sponsorship or refugee status).
Application Process:
- Confirm eligibility and gather documents.
- Submit a detailed personal statement.
- Apply online with supporting documentation and fees.
Pros:
- Can lead to permanent residency.
- Consideration of personal circumstances, including family ties and integration.
Cons:
- Long processing times (can exceed 20 months).
- No guarantee of approval.
- Temporary Resident Permit (TRP)
Who it’s for: Individuals out of status or inadmissible but with compelling reasons to stay in Canada temporarily.
Key Requirements:
- Must show that the need to stay in Canada outweighs the reasons for inadmissibility or lost status.
- Must provide strong evidence of compelling circumstances.
Application Process:
- Submit a detailed explanation of why you need to stay.
- Provide supporting documents.
- Pay the fee and wait for a decision.
Pros:
- Grants temporary legal stay despite inadmissibility.
- Useful for urgent, exceptional situations.
Cons:
- Does not lead to permanent residency.
- Approval is not guaranteed and is highly discretionary.
Comparing the Options
- Restoration of Status is best for recent overstays (within 90 days) with no rule violations.
- Spouse Sponsorship suits those in genuine relationships with Canadian partners and wanting permanent residency.
- H&C Applications apply to individuals facing hardship or strongly rooted in Canada.
- TRPs serve those needing a short-term fix despite being inadmissible or out of status.
Why Taking Action Matters
Ignoring your status can lead to:
- A record of inadmissibility.
- Removal orders or deportation.
- A 5-year re-entry ban.
- Loss of access to healthcare, jobs, and essential services.
Taking the right step early can prevent irreversible consequences and open the door to staying legally in Canada.
FAQs
Can I apply for restoration after 90 days?
No, restoration is only possible within 90 days.
Can I stay in Canada while my application is processed?
Yes, for Spousal Sponsorship and H&C applications. For restoration or TRP, you must remain in Canada but cannot work or study until approved.
Can I travel outside Canada while my application is pending?
Generally not recommended—leaving Canada may void your application.
What if my application is refused?
You may be required to leave Canada or consider alternative legal pathways. In some cases, you may appeal or apply for judicial review.
Final Thoughts
Being out of status in Canada is stressful, but there are several legal pathways to regain your footing. Whether you’re recently out of status or have been living without status for a while, exploring options like restoration, spousal sponsorship, H&C applications, or a TRP is crucial. Every situation is different, so speaking with a qualified immigration professional can help you determine the best course of action.