Out of Status in Canada: What You Can Do

Being out of status in Canada can feel overwhelming. If your study permit expires, your work permit is no longer valid, or your visitor status has lapsed, you may suddenly find yourself without legal status and unsure what to do next.

Legally, being out of status means you no longer have authorization from Immigration, Refugees and Citizenship Canada (IRCC) to remain in Canada. You no longer have valid temporary status as a temporary resident, and you may be at risk of a removal order by Canadian authorities.

This situation is more common than many realize. Estimates suggest that between 200,000 to 500,000 persons may be living without status in Canada. Many are individuals who entered Canada temporarily as students, workers, or visitors and allowed their visa to expire.

The good news is this: depending on your circumstances, there are still options.

Common Reasons for Falling Out of Status

An individual becomes out of status when a permit or visa has expired without being renewed, or if they violate the conditions of their stay.

Some of the most common scenarios include:

• Your study permit expires and you did not submit a study permit application to extend it.

• Your valid work permit expired and you continued working.

• Your visitor status expired and you remained in Canada temporarily without filing an extension.

• You violated the conditions of your permit (for example, working without authorization).

• Your refugee claim was refused and you did not receive refugee status.

• You were issued a removal order and failed to comply.

It is important to distinguish being out of status from having maintained status. If you applied to extend your permit before your current status expires, you are not out of status. You have maintained status and may continue working or studying under the same conditions until a decision is made.

However, once your current status expires without an extension application, you must stop working or studying immediately. Continuing unauthorized work or study is an offense under the Immigration and Refugee Protection Act.

Immediate Steps You Should Take

If you are out of status in Canada, time matters. Here are the immediate steps you should take:

1. Stop working or studying immediately if your permit has expired.

2. Confirm the date your status expired.

3. Gather all required documentation, including previous permits and entry records.

4. Speak to an immigration lawyer before submitting any application.

Do not ignore the situation. The longer you remain out of status, the more complicated your immigration options may become.

Options for Restoring or Maintaining Status

There are four main options available for individuals out of status in Canada:

1. Restoration of Status

2. Temporary Resident Permit (TRP)

3. Humanitarian and Compassionate (H&C) Application

4. In-land Spousal Sponsorship (if married or common law partner of a Canadian citizen or permanent resident)

Each option depends on your timeline and eligibility requirements.

Restoration of Status

Direct answer: You can apply to restore your status if you lost it within 90 days of its expiration.

Restoration of status allows individuals to regain their temporary resident status if it has expired, but only if the application is submitted within 90 days after your status expired. No extensions are granted beyond that 90-day window.

Eligibility Criteria

You may be eligible to apply to restore if:

• Your temporary resident status expired less than 90 days ago.

• You have not violated other serious immigration laws.

• You continue to meet the initial eligibility requirements of your permit.

• You submit all required forms and supporting documents.

You must submit your restoration application to IRCC and pay the required fee. You can restore your status to the same type (for example, visitor status) or apply for a new category, such as a new study permit or work permit.

However, you cannot work or study until the restoration is approved.

If your application to restore your status is refused, you will have to leave Canada.

If more than 90 days have passed since your status expired, restoration is generally no longer available, and other options must be considered.

For more information about restoration, see our detailed guide here: Restoration of Status in Canada - AKM Law Blog

Temporary Resident Permit

Direct answer: A Temporary Resident Permit (TRP) can allow a person without status to remain in Canada temporarily if there are compelling reasons to justify their stay.

A Temporary Resident Permit (TRP) is a discretionary measure used by immigration authorities. It allows foreign nationals who are inadmissible or out of status to remain in Canada for a limited period.

When Is a TRP Appropriate?

TRPs are typically granted in specific circumstances, such as:

• Urgent medical needs

• Family reunification

• Compassionate grounds

• Significant economic, social, or cultural benefit to Canada

A TRP is by definition temporary and may be issued for up to three years. It is not permanent residence.

Eligibility for a TRP depends on compelling reasons. For example, if returning to your home country would create serious health issues or hardship for family members, a TRP may be considered.

However, TRP applications are complex and highly discretionary. They require strong supporting documents and a well-prepared explanation of your circumstances.

Learn more here: Temporary Resident Permit

Humanitarian and Compassionate Grounds

Direct answer: Individuals living without status in Canada may apply for permanent residence on humanitarian and compassionate grounds (H&C) if they can demonstrate compelling humanitarian reasons.

An H&C application allows individuals to apply for permanent residence despite lacking valid status or meeting program criteria.

For more detailed information: Humanitarian and Compassionate Application

In-Land Spousal Sponsorship and Out of Status

Married or common-law spouses who are out of status in Canada can apply to be sponsored by a Canadian permanent resident or citizen. The Government of Canada has implemented a special policy that waives the requirement to have valid temporary status in Canada when being sponsored by a spouse. Being out of status is the only breach of the Act that is allowed in in-land spousal sponsorship applications.

However:

• Applicants must remain in Canada until the application is finalized.

• Processing times are often longer than overseas applications.

• Travel outside Canada can jeopardize the application.

This can be a powerful pathway for individuals out of status who have a genuine relationship with a Canadian citizen or permanent resident.

Refugee Claim

Some individuals without status may consider filing a refugee claim if they have a well-founded fear of persecution in their home country.

Refugee claimants must demonstrate a well-founded fear based on race, religion, nationality, political opinion, or membership in a particular social group.

The claim is heard by the Refugee Board. However, this option is only appropriate if genuine protection concerns exist.

Learn more about refugee status here: Refugee Claim Process

Your Options if Out of Status in Canada

How an Immigration Lawyer at AKM Law Can Help

Being out of status in Canada does not automatically mean you must leave.

Every case is unique. Immigration authorities evaluate applications individually.

If you are out of status in Canada, do not delay. The sooner you seek legal advice, the more immigration options you may have available.

Contact AKM Law to discuss your situation and develop a strategic plan to remain in Canada legally and safely.

This article is for general information only and does not constitute legal advice. For tailored guidance on your application, please contact our office.