Tag: Loss of Status; Work Permit; Study Permit; Permit; LMIA; Restoration of Status
This case is about an international student, who was initially refused a work permit, lost immigration status, and was found ineligible to restore temporary resident status, was approved of an employer-specific work permit.
Several areas of the Immigration Refugees Protection Act and Regulations are involved in this case. After the initial consultation with the client, I realized that this case was quite complexed and time sensitive. It must be handled with urgency and appropriate care.
International student M, a citizen of Vietnam, entered Canada on a student permit that was set to expire in June, 2020, and a co-op work permit which was set to expire in March, 2020. I produced most relative time-line as the following:
The following area of the Immigration and Refugee Protection Act and Regulations, temporary public policy were applied to this case:
Immigration and Refugee Protection Regulations (SOR/2002-227)
181 (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if
(a) the application is made by the end of the period authorized for their stay; and
(b) they have complied with all conditions imposed on their entry into Canada.
Extension of period authorized for stay
183 (5) Subject to subsection (5.1), if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until
(a) the day on which a decision is made, if the application is refused; or
(b) the end of the new period authorized for their stay, if the application is allowed.
182 (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.
185 An officer may impose, vary or cancel the following specific conditions on a temporary resident:
(a) the period authorized for their stay;
Temporary public policy to exempt certain out-of-status foreign nationals in Canada from immigration requirements during the coronavirus (COVID-19) pandemic
Conditions: To be qualified, the foreign national:
In addition to the above, I have also researched and studied recent court cases that were similar to my client’s case. And I made effective arguments on the application for resubmissions.
On February, 2021, My client was approved on both applications, employer-specific Work Permit and restoration of temporary status. The work permit was valid for 2 years.
Immigration and Refugees Protection Regulations & Act are both very intricate and complicated. They require expert skills and preparation in order to navigate through the legal system. I have over 7 years of experience working in this filed and a solid record of achieving best results for my clients. My experience in complexed immigration matters is your key to your immigration success.
Meina Du is a Regulated Immigration Consultant with over seven years of experience. She's a member in good standing with the ICCRC (Immigration Consultants of Canada Regulator Council)