by Immilaw Team | Feb 3, 2025 | Canada Immigration
As 2025 begins, Canada is welcoming foreign skilled workers to settle in through its Provincial Nominee Programs (PNPs). Recently, Manitoba and Alberta held draws that opened doors for many candidates eager to start a new chapter in Canada.
The article will delve into the details of recently held draws, the opportunities are available for prospective immigrants and the requirements they must fulfil to qualify.
Manitoba PNP Draw
Manitoba conducted its first PNP draw of the year, issuing 197 Letters of Advice to Apply (LAAs) across two streams: Skilled Worker in Manitoba Stream and Skilled Worker Overseas Stream.
Skilled Worker in Manitoba Stream
- Letters of Advice to Apply Issued: 145
- Lowest CRS Score: 838
- Eligibility: Candidates or their spouses must have completed post-secondary education in Manitoba.
Skilled Worker Overseas Stream
- Letters of Advice to Apply Invitations Issued: 52
- Lowest CRS Score: 615
- Priority for candidates from the Winkler area.
Among the candidates invited, 52 had valid Express Entry profiles, enhancing their chances for permanent residency through additional points in the Express Entry system.
About Manitoba Provincial Nominee Program (MPNP)
Manitoba was the first province in Canada to introduce a Provincial Nominee Program (PNP) in 1998. The program aimed at attracting skilled immigrants to support the province’s economic growth. The Manitoba Provincial Nominee Program (MPNP) has been instrumental in increasing the province’s population and supporting its labour force.
The Manitoba Provincial Nominee Program is a key immigration pathway designed to attract skilled workers, entrepreneurs, and international graduates to the province.
The MPNP offers five main immigration streams:
- Skilled Worker in Manitoba Stream: This stream is for temporary foreign workers and international graduates with a permanent job offer from a Manitoba employer.
- Skilled Worker Overseas Stream: For skilled workers outside Canada who have a strong connection to Manitoba.
- Manitoba Business Investor Stream: For individuals looking to begin or invest in a business in Manitoba.
- International Education Stream: This is for international students who have completed post-secondary education at institutions in Manitoba and want to settle permanently there.
- Morden Community Driven Initiative: Specifically for tradespeople like welders and plumbers who wish to settle in Morden.
Who can Apply for the Manitoba Provincial Nominee Program?
You may qualify for MPNP:
- If you have relevant work experience and can demonstrate a strong connection to Manitoba or
- If you are working in Manitoba temporarily and have a permanent job offer from your employer. or
- If you are looking to establish or invest in a business in Manitoba. or
- If you graduate from a recognized post-secondary institution in Manitoba and wish to settle permanently.
Additional Criteria
To qualify, applicants must meet specific criteria, including
- Scoring at least 60 points on the MPNP Points Assessment Grid that evaluates factors such as age, education, work experience, and language proficiency.
- Demonstrating a connection to Manitoba, which can be strengthened by having friends or relatives living in the province.
- Showing the intention and ability to economically establish in Manitoba.
Hence, the MPNP provides various pathways for skilled individuals and their families to immigrate to Manitoba, contributing to the province’s growth and diversity.
Results of Alberta Advantage Immigration Program (AAIP) Draw
On December 23, 2024, the Alberta Advantage Immigration Program (AAIP) conducted a draw and issued 588 invitations to candidates who met specific eligibility criteria. The lowest-ranked candidate invited had a score of 55. The draw invited candidates who fall under the Alberta Opportunity Stream.
Understanding Alberta Advantage Immigration Program (AAIP)
The Alberta Advantage Immigration Program (AAIP) is a provincial initiative to attract skilled workers and entrepreneurs to Alberta. Through this program, prospective immigrants can receive an Alberta Provincial Nomination Certificate, which allows them to apply for Canadian PR.
What is the eligibility to qualify for the Alberta Opportunity Stream?
If you wish to settle in Alberta, you must meet the following criteria for the Alberta Opportunity Stream under the Alberta Advantage Immigration Program (AAIP).
- Valid Job Offer: A full-time job offer from an Alberta employer in an eligible occupation (excluding specific NOC categories).
- Education: At least a high school education equivalent to Canadian standards.
- Work Experience: At least 12 months of full-time work experience in Alberta within the last 18 months.
- Language Proficiency: A minimum Canadian Language Benchmark (CLB) of 4 or Niveaux de compétence linguistique canadiens (NCLC) level of 4 or higher.
- Work Permit: A valid eligible work permit (excluding PGWPs) that expires on December 31, 2025, or later.
The Alberta Opportunity Stream (AOS) provides a pathway to permanent residency for foreign workers currently employed in Alberta and international graduates from approved Alberta post-secondary institutions. A part of the Alberta Advantage Immigration Program (AAIP), it aims to attract individuals whose skills meet the province’s labour market needs.
International students can apply if they have completed their studies in Alberta and are working on a PGWP.
To qualify, applicants must demonstrate at least six months of relevant work experience in Alberta, meet language proficiency requirements, and adhere to income standards. However, those who studied in other Canadian provinces are not eligible under this stream unless they hold a different type of work permit.
If you want to immigrate to Canada through the PNP or another skilled worker pathway, please contact us for complete guidance and tailored assistance. Our experienced team supports creating EE profiles, choosing PNP programs, and providing additional services. We are here with you at every step of the immigration journey.
The information provided in this article is for general informational purposes only and does not constitute legal, financial, or professional advice. Readers are encouraged to seek guidance from qualified professionals for specific concerns. While we strive for accuracy, we cannot guarantee the completeness of the information presented, and it should not be viewed as a comprehensive analysis. Opinions expressed may change over time. ImmiLaw Immigration Law Professional Corporation does not endorse any third-party advice or services mentioned.
Read to Know: What are the Major Changes to Canada’s Express Entry System in 2025?
Contact us for personalized support and assistance with your immigration needs.
by Immilaw Team | Jan 29, 2025 | Uncategorized
Express Entry is the largest economic immigration pathway in Canada, and it attracts skilled workers from worldwide in a significant way. As per the reports, it is set to undergo substantial changes in 2025.
The federal government is implementing revised targets and updated policies to streamline processes and address Canada’s evolving labour market priorities.
Express Entry: A critical pathway for Immigration to Canada in 2025!
There were significant changes in Canada’s immigration system in 2024. The federal government aimed to welcome a record number of newcomers, with a target of 485,000 permanent residents. The initiative was part of a broader strategy to bolster the economy and address labour shortages across various sectors.
However, this influx was met with challenges, including housing affordability and strains on public services. All these factors led to discussions about the sustainability of such high immigration levels.
In 2025, Canada plans to increase the target to 124,590, up from 110,770 in 2024 under its Federal economic programs. The increase comes with a 20% reduction in overall immigration levels, giving the federal government more control over immigration processes.
As a result, Express Entry will play a more prominent role, with its allocation rising from 22.8% of overall planned PR admissions in 2024 to 31.5% in 2025. The shift clearly indicates that skilled workers seeking immigration to Canada will increasingly rely on Express Entry as a key pathway in the coming years.
How will removing CRS points for Job Offers impact the competition for ITAs?
IRCC plans to eliminate the CRS points for valid job offers starting in 2025. As of now, candidates can earn 50 or 200 extra points on their job offer, which influences their chances of receiving an Invitation to Apply (ITA) for permanent residency.
By eliminating the additional points for job offers, the federal government aims to reduce instances of fraud. They ensure that candidates are selected based on their skills and qualifications rather than their employment status.
Who Will Be Affected?
The removal of CRS points for job offers will apply to all candidates in the Express Entry pool at the time of implementation, including those already working temporarily in Canada.
However, it will not impact individuals who have already received an ITA or those with applications currently in process. With the removal of job offer points, many candidates may see a decrease in their CRS scores, particularly those who rely on these points to boost their rankings.
Candidates can now focus on factors such as language proficiency and work experience to increase their CRS scores. As a result, it may lead to increased competition among candidates, making it crucial for applicants to strengthen their profiles in other areas. You may contact ImmiLaw Global to create and strengthen Express Entry profiles.
What are the New Federal Economic Priorities and In-Canada Focus Allocations?
The Federal High-Skilled (FHS) allocation in Canada’s immigration system is undergoing a significant transformation in 2025.
Two new categories will replace it:
- Federal Economic Priorities Category
- In-Canada Focus Category
About Federal Economic Priorities Category
The Federal Economic Priorities category will target candidates whose skills meet specific labour market demands. This category targets 41,700 admissions and focuses on sectors critical to Canada’s economy, such as healthcare occupations, trade occupations, and candidates with French language proficiency. The federal government aims to address workforce shortages effectively by directing resources towards these high-demand areas.
About In-Canada Focus Category
The In-Canada Focus category will prioritize candidates who are already residing in Canada. This includes individuals in programs such as the Canadian Experience Class (CEC), Express Entry-aligned Provincial Nominee Program (PNP), Federal Skilled Worker Program (FSWP), and Federal Skilled Trades Program (FSTP).
The federal government has allocated 82,890 admissions for this category, reflecting the importance of retaining skilled workers who have already integrated into Canadian society.
By focusing on skilled workers within the country and targeting specific sectors, Canada aims to enhance its labour market while ensuring that immigration policies align with current economic needs. These changes will play a crucial role in shaping the future of immigration in Canada as the country adapts to evolving workforce demands.
How Will Category-Based Selections Shape Immigration in 2025?
IRCC is expected to strongly emphasize category-based selections within the Express Entry system in 2025.
According to the 2025-2027 Immigration Levels Plan, IRCC has designated priority categories for Express Entry draws in 2025, which include:
- Healthcare occupations
- Trades occupations
- French-language proficiency
It is anticipated that IRCC will conduct more Express Entry draws due to their designation as priority sectors under the Federal Economic Priorities allocation in 2025.
What Benefits Will French-Speaking Communities Expect in Canada?
The French proficiency category has been a consistent focus in 2024 and will remain important for Express Entry in 2025, too. Canada to increase the number of francophone immigrants outside Quebec.
IRCC initiative to bolster the representation of French-speaking individuals across Canada and address the decline in French-speaking populations. The ongoing emphasis on this category reflects broader efforts to promote bilingualism and strengthen Francophone communities across the country.
While the list of priority categories is not exhaustive, it highlights the areas where IRCC will focus its efforts. The complete list of priority categories includes
- Science, Technology, Engineering, and Mathematics (STEM)
- Healthcare occupations
- Trades occupations
- Agriculture and Agri-food occupations
- French language proficiency
As Canada moves ahead with these priorities in 2025, it will be essential for prospective immigrants to stay informed about the evolving landscape of immigration opportunities.
At ImmiLaw Immigration Law Professional Corporation, we provide expert guidance through every step of your immigration journey. Contact us for personalized support and assistance with your immigration needs.
Read to Know: How To Apply For An Open Work Permit For Your Spouse During The Sponsorship Process?
by Immilaw Team | Jan 27, 2025 | Canada Immigration
Sponsoring your spouse, common-law, or conjugal partner for Canadian permanent residence is an exciting step toward building a life together in Canada. One of the significant advantages during this transition is the opportunity for your partner to apply for an Open Work Permit (OWP).
The OWP enables them to work for any employer legally in Canada while their application for permanent residence is being processed.
However, the sponsored person must apply for the OWP from within Canada after submitting the sponsorship application.
Key Points to Remember
- Spouses must maintain legal status in Canada while waiting for their OWP.
- They cannot start working until the OWP is approved.
- Applications are submitted online through the IRCC secure account.
How to check your Eligibility for Open Work Permit (OWP)?
To apply for an Open Work Permit (OWP) during the sponsorship process, the sponsored individual must meet specific criteria:
- Genuine Relationship: The sponsored person must have a genuine relationship with the sponsor.
- Residency Requirement: The sponsored individual must reside in Canada with the sponsor.
- Inclusion in PR Application: IRCC must acknowledge the sponsored individual’s Permanent Residence (PR) application to confirm receipt.
Who cannot apply for an Open Work Permit during the Sponsorship process?
Individuals cannot apply for an Open Work Permit during the sponsorship process if:
- Their PR application is refused, withdrawn, or returned.
- They intend to apply for a work permit at a port of entry.
What are the procedures for an Open Work Permit application?
Based on the temporary status of the applicant, the procedure varies when applying for an Open Work Permit (OWP) in Canada for a spouse or partner.
If the Spouse/Partner has a valid Temporary Status
- Those with a valid work permit, study permit, visitor visa, or electronic travel authorization (eTA) can apply.
- After receiving the Acknowledgment of Receipt (AOR) from IRCC for their Permanent Residence (PR) sponsorship application, the sponsor can apply for an OWP.
Special Case: If their temporary resident status will expire in 2 weeks or less and they’ve already submitted their PR sponsorship application, they can apply for an OWP without waiting for the AOR.
If the Spouse/Partner does NOT have Temporary Status
- They must wait for an “Approval in Principle” letter for their PR sponsorship application.
- However, they cannot apply for an OWP under any other public policy or pilot program.
What is the Processing Time for Sponsoring a Spouse or Partner in Canada?
Open Work Permit (OWP) Processing Time
- If you are applying under the Inland Sponsorship program and submit an OWP application, the usual processing time is within 4 months.
- Factors such as application volume, completeness, and additional documentation requirements can affect processing times.
Visitor Visa Processing
Once you submit the sponsorship application and receive an Acknowledgment of Receipt (AOR) from IRCC:
- Your spouse or partner’s visitor visa application will automatically qualify for expedited processing.
- You must submit a visitor visa application.
Applying for an OWP after Arrival in Canada
Once the sponsored person gains temporary resident status in Canada, they can apply for an OWP upon arrival.
- Note: Sponsorship and related applications, like OWPs and visitor visas, are processed faster if the AOR is received.
- Ensure all required documents are included to avoid delays.
How do you apply for an Open Work Permit (OWP) in Canada?
Let us delve into various steps involved in the OWP application process in detail:
- Confirm that you meet the eligibility criteria, such as being a temporary resident, international student, or spouse of a skilled worker.
- Gather all documents, including proof of identity, legal status in Canada, and any additional paperwork specified by the application guidelines.
- Create a secure account on the Immigration, Refugees and Citizenship Canada (IRCC) website to access the application process.
- Carefully fill out the required forms accurately, answering questions about your current situation and the type of work permit you are applying for.
- You can pay the application fees online, typically a $100 open permit holder fee and a $155 work permit fee.
- After ensuring all information is correct and complete, submit your application through the IRCC portal.
- Monitor your application status through your IRCC account. Processing times can vary, so applying well in advance is advisable.
You can contact ImmiLaw Immigration for expert assistance to ensure the smooth and prompt submission of your application. Our team provides personalized guidance, helps prepare accurate documentation, and ensures compliance with all Canadian immigration requirements.
What critical information is essential after applying for an Open Work Permit (OWP)?
- Your spouse will not be legally allowed to work in Canada until they receive their OWP unless they have another form of authorization.
- They must maintain their legal status as a temporary resident while waiting for the OWP.
- They can only start working only after receiving the OWP from IRCC.
- If your spouse already possesses a valid Canadian work permit, they can continue working as long as they apply for the OWP before their current permit expires.
- If the OWP application is approved, IRCC will send a confirmation online and mail the work permit.
- If refused, IRCC will return the application and refund the OWP-holder fee.
How to Check the Status of an Open Work Permit Application?
You can check the status of your OWP application by logging into your IRCC secure account, where you can view real-time updates and messages about your application.
Alternatively, you can use the Client Application Status (CAS) tool on the IRCC website. This tool requires details such as your unique client identifier (UCI), application number, and personal information like name and date of birth.
If you have applied through a consultant or agent, contact them directly for updates. Note that status updates will only be visible after receiving an Acknowledgment of Receipt (AOR) from IRCC.
Frequently Asked Questions (FAQs)
1. Can I work while waiting for my Open Work Permit?
No, you cannot work until you receive your OWP unless you have another form of authorization.
2. How do I check the status of my OWP application?
You can check the status by logging into your IRCC secure account or using the Client Application Status tool on the IRCC website.
3. Should I maintain legal status while waiting for my OWP?
Yes, you must maintain your legal status as a temporary resident in Canada during the processing period.
4. When can I start working after receiving my OWP?
You can start working as soon as you have the OWP in hand.
5. What if my OWP application is refused?
If your application is refused, the IRCC will return it. You are also eligible for a refund.
To avoid refusal and any obstacles in the application process, you may contact ImmiLaw Immigration for expert guidance and support. We can help ensure your application is complete and meets all requirements, increasing your chances of approval.
Read to Know: How to Find the Right Immigration Lawyer for Your Needs?
by Immilaw Team | Jan 24, 2025 | Uncategorized
One of the most important aspects of the immigration process is the uncertainty and the critical decisions it involves. Whether you seek to study, work, or settle in Canada, having the right legal guidance is essential. You may find the whole process of the immigration journey daunting and thus look for expert guidance. However, with the rise of immigration fraud, it’s crucial to ensure that the expert you choose is qualified and trustworthy.
Immigration, Refugees, and Citizenship Canada (IRCC) manages and controls the immigration process in Canada. They authorize two types of representatives: Immigration Lawyers and Immigration Consultants. As an enthusiast planning to immigrate to Canada, you must know the roles and distinctions between the two types of professionals. And this will help you to make informed decisions about whom to hire for your immigration needs.
What You Must Know about Immigration Lawyer?
Immigration lawyers are licensed attorneys who have specialization in immigration law. They have to complete extensive legal training and can provide a wider range of services than consultants.
They provide legal advice, represent clients in court, handle appeals, and assist with complicated cases such as criminal inadmissibility or judicial reviews of immigration decisions. It is recommended to consult an Immigration lawyer if you are having complex cases where legal representation is required.
Immigration consultants can provide advice and assistance with the immigration process. The Immigration Consultants of Canada Regulatory Council (ICCRC) regulates them. They provide various services, such as assisting with visa applications, document preparation, and general guidance on immigration procedures. However, they cannot represent clients in court or provide legal advice on complex legal issues.
When choosing between an immigration consultant and an immigration lawyer, you must consider the complexity of your case and the level of legal representation you may need. For normal cases, an immigration consultant can be a cost-effective choice. However, if your situation involves legal challenges or requires court representation, an immigration lawyer is essential for navigating the complexities of the law effectively. So, everything revolves around your needs and circumstances; act wisely before finalizing your legal representative. You may contact us for further guidance and support.
Now, let’s find out more about how to ensure that the professional you choose is reputable and qualified to assist you with your immigration journey.
What to Look For in an Immigration Lawyer?
If you are looking for a legal representative, then you must check if they qualify and have experience in immigration law. You may verify their credentials by checking their:
- Educational Background: Inquire where they obtained their law degree. Research the institution to confirm its credibility.
- Law Degree: Immigration lawyers typically hold a Juris Doctor (J.D.) degree, which requires completing a bachelor’s degree and three years of law school.
- Bar Association Standing: Check the lawyer’s status on the bar association’s website to ensure they are licensed to practice law.
- Specialization: Some lawyers may have additional certifications or training in immigration law, which can enhance their expertise.
- Experience: Ask about their experience with cases similar to yours, as this can be a significant factor in navigating complex immigration issues.
It is vital to confirm that these professionals are in good standing with their respective regulatory bodies. If they are not, it is advisable to seek assistance elsewhere, as using their services could jeopardize your immigration process.
You can also visit the province’s bar association website to determine if a professional is licensed to represent immigrants or provide immigration advice.
Who can represent you in your Immigration Application?
- Lawyers: Lawyers must be members of a Canadian provincial or territorial law society or the Chambre des notaires du Québec. This ensures they have the legal authority to represent clients in immigration matters.
- Paralegals (Ontario only): Paralegals must be members of the Law Society of Ontario and can provide limited immigration legal services, primarily related to advocacy before the Immigration and Refugee Board.
- Immigration Consultants: Citizenship or immigration consultants must be members of the College of Immigration and Citizenship Consultants (CICC). They must meet specific educational and ethical standards to practice legally.
Why is an Immigration Lawyer’s Experience Crucial for Your Case?
Asking your immigration lawyer how long they have been practicing is crucial for several reasons. Their experience provides insight into their familiarity with complex immigration matters, which can ensure that they can navigate your case effectively. Experienced lawyers are more likely to have encountered various scenarios and challenges, allowing them to offer informed strategies tailored to your specific situation.
You may consider the following:
- Years of Practice: Inquire about how long they have practiced Canadian immigration law. The number of years of practice can indicate their expertise level and familiarity with current laws and regulations.
- Types of Cases Handled: You may ask what kinds of immigration cases they have worked on. A lawyer with experience in cases similar to yours may be better equipped to handle potential challenges.
- Success Rate: While not always quantifiable, understanding their track record with past clients can provide additional assurance of their capabilities. You may directly ask them for previous success stories.
Determine your specific requirements before hiring an immigration lawyer. Immigration law covers family-based immigration, work visas, deportation defence, asylum applications, and naturalization processes. Identifying your category ensures you find a specialized lawyer and secure expert guidance for your case.
What is the Importance of Relevant Experience?
Inquiring whether your lawyer has handled cases similar to yours is crucial. This will give you a hint about their expertise and indicate their familiarity with the challenges that may arise in your situation. Successfully handling similar cases in the past shows they can create effective strategies tailored to your needs, improving your chances of a positive outcome.
Each case is unique and influenced by many factors, including changes in immigration policies, individual circumstances, and the discretion of immigration officials. So, always remember that even if a previous client had the same circumstances as you, there’s no guarantee your application will have the same outcome. The final decision rests with the discretion of the immigration officers.
What are the Expected Costs for Immigration Legal Services?
When considering the costs of hiring an immigration lawyer, you must know deeply about their fees and billing structure. Your immigration lawyer should provide you with a detailed contract outlining the expected costs and the services included.
Cost Breakdown
Many immigration lawyers charge for initial consultations ranging from CAD 100 to CAD 300 or more. Some may offer free consultations, depending on the case or for straightforward cases.
Lawyers may offer flat fees for specific services like visa applications or sponsorships, providing clarity on costs upfront.
For instance, common-law partner sponsorship applications can range from CAD 2,500 to 7,000, depending on complexity.
Some lawyers may consider hourly rates, typically ranging from CAD150 to CAD 400 per hour, depending on the lawyer’s experience and location.
In some instances, particularly those involving deportation or appeals, lawyers might work on a contingency fee basis.
Government processing fees are also to be noted as this may evolve.
You must review the contract thoroughly to understand the costs associated with your chosen immigration professional. Also, identify all fees, services included, and payment schedules closely to ensure there are no surprises during your Canadian immigration process.
What is your Role in the Immigration Process with a Lawyer?
After you hire an immigration lawyer, your active involvement remains crucial throughout the application process. Here are some of the roles and responsibilities that you may follow:
- Active Participation: Even with a representative, you must participate in preparing your application. Wondering how? You may provide necessary documentation, complete language tests (if applicable), and share your complete work history.
- Clear Expectations: Discuss with your lawyer what you can expect from them and what they expect from you. There should be clarity between the client and the lawyer to ensure a smooth collaboration.
- Keep Listening: Your immigration lawyer will give a general description of the steps your application will go through. So, you must actively listen to what to anticipate at each stage and discuss potential challenges.
- Double-check: As a hired immigration lawyer, they will guide you through the entire application process. You must also ensure the application is complete, accurate, and well-presented.
A reputable immigration lawyer will:
- Communicate clearly and regularly.
- Set realistic expectations about your case.
- Be transparent about costs.
If you notice any red flags during the consultation, continue searching for a lawyer who upholds professionalism and ethical standards.
About Sindumole John Purush
(Barrister, Solicitor, and Notary Public)
Sindumole John Purush is the founding principal of ImmiLaw Immigration Law Professional Corporation. She presently practices and has extensive experience in immigration and refugee law. In addition to her first professional degree in law, she holds an LL.M. from Osgoode Hall Law School and an MA (Labour Studies) from McMaster University. Sindumole John is a Member of the Law Society of Upper Canada, the Ontario Bar Association, and the Canadian Bar Association.
For all your immigration needs, please feel free to contact us. Our dedicated team is ready to assist you with any questions or concerns regarding immigration processes.
Read to Know: How Does Maintained Status Protect Temporary Residents in Canada?
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by Immilaw Team | Jan 22, 2025 | Canada Immigration
Maintained status is a vital bridge for temporary residents in Canada who are awaiting a decision on their extension application. By applying before their current permit expires, visitors, students, and foreign workers can stay legally in the country without disruption.
Under the maintained status, individuals can continue working, studying, or staying as visitors. They remain under the same terms as their original permit until a decision is reached. This legal provision ensures continuity and provides peace of mind.
Through this article, we delve into the details of what maintained status is, how it functions, and its implications.
What is Maintained Status under Canadian Law?
Under Canadian immigration law, Maintained status is a legal term that indicates temporary residents are allowed to remain in Canada while their application for an extension of their status is being processed. To qualify for Maintained status, temporary residents must apply for an extension of their work or study permit before their current permit expires.
What If You Apply to Extend Your Permit?
When a work or study permit extension application is submitted:
- Temporary residents can maintain their jobs without interruption while awaiting a decision on their extension application.
- Students can attend classes and participate in academic activities without any legal issues during this period.
- However, Suppose an applicant seeks to switch from one type of permit to another (for example, from a work permit to a study permit). In that case, they cannot work or study until a decision is made on the new application.
What happens after your permit expires?
- When a temporary resident’s permit expires they can:
- Submit an extension application before expiration and benefit from maintained status; then, they can stay legally in Canada.
- Maintained status covers any gap between the expiry of the old permit and the issuance of the new one, preventing any status violation.
- Immigration officers recognize maintained status when assessing PR applications.
- The new permit typically indicates that the individual maintained their legal status during the interim period.
Can I Travel Outside Canada while on Maintained Status?
Always keep in mind that Maintained status is valid only within Canada. However, you may leave the country with some sort of restrictions mentioned below:
- Re-entry as a temporary resident is possible only for those with a valid Temporary Resident Visa (TRV) or who are TRV-exempt.
- Upon re-entry, individuals cannot resume work or study until a final decision is made on their extension application.
- For instance, a student awaiting a study permit extension can leave Canada but won’t be able to resume studies until the new permit is issued. It is highly recommended to remain in Canada during this period.
How Can You Prove Your Maintained Status at the Border?
If you re-enter Canada on Maintained status, you must produce the following documents:
- Application Status: Provide application evidence like Acknowledgment of receipt (AOR) if applied online or application copy and proof of delivery if it’s a paper submission.
- Financial Proof: You must produce financial stability status such as bank statements, pay stubs, or other documentation to support yourself while awaiting the decision on your application.
How Are Application Dates and Times Determined?
Immigration, Refugees, and Citizenship Canada (IRCC) utilize Coordinated Universal Time (UTC) to ensure fairness in application processing across different time zones. You must submit applications before midnight UTC on the day the current status is set to expire.
The applicant loses their Maintained status rights if an application is received after midnight UTC on the expiry date.
Failing to submit an application before the specified deadline results in the loss of Maintained status. which can affect an individual’s ability to remain in Canada legally while waiting for a decision on their extension application
Frequently Asked Questions
- What is the significance of maintained status in Canada?
Maintained status allows individuals or families to stay in Canada legally while their application for an extension of a previous permit is processed. They do not lose their legal status during this time.
- When does maintained status begin?
Maintained status begins automatically upon the expiration of a previous permit if an extension application has been submitted.
- Can I continue working if I apply for a work permit extension?
Yes, of course, if you apply for an extension with the same employer before your current permit expires, you can continue working under the same conditions.
- What happens if I apply for a work permit with a different employer?
If you apply for a work permit with a different employer, you must stop working when your previous permit expires and wait for the decision on your new application.
- As a student, can I continue studying while on maintained status?
Yes, students can continue studying under their previous study permit conditions if they apply for an extension before it expires.
- What to do if my application is refused while on maintained status?
If your application is refused, you will be out of status in Canada. Depending on your situation, you can apply for restoration of status.
- Can I leave Canada while on maintained status?
Yes, individuals can leave Canada while on maintained status and may re-enter as temporary residents if they have a multiple-entry visa or are TRV-exempt.
- How can I prove my maintained status?
Proof of your application for an extension is generally accepted as proof of maintained status, provided it was submitted while your previous permit was valid.
- What if there’s a gap in dates between my permits?
You may notice gaps in dates between your permits. However, the renewed permit usually states that you maintained your status until the new one was issued.
- What if my previous permit expires before I receive a decision?
If your previous permit expires and you have applied for an extension, you remain on maintained status until a final decision is made, allowing you to stay in Canada legally.
You may contact us for immigration-related concerns. Our team at ImmiLaw Immigration is ready to assist you with your immigration needs, including visa applications, study permits, and permanent residency options. With our immigration lawyer, you will receive expert guidance that simplifies the complexities of the immigration process and ensures that your application is completed accurately and submitted on time.
Read to Know: How to Sponsor Your Spouse or Partner for Canadian Immigration?
Feel free to contact us for your queries.
