"Out of Status in Canada? Here Are Your Options in 2025"

Canada has always been welcoming place for visitors, students, and foreign workers – but if you find out of status in Canada in 2025, it’s crucial to understand your options to regain legal standing and avoid deportation. Being “out of status” means your temporary resident status (as a visitor, student, or worker) has expired and you haven’t applied for an extension or restoration within the required timeframe. Fortunately, there are several pathways to address this situation.

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1.      Restoration of Status

If your temporary resident status has expired, you may apply to restore it within 90 days of the expiry date. This process allows you to regain your previous status (visitor, student, or worker) if you meet the eligibility criteria. Complete the restoration application, pay fees and attach supporting documents.  You are not authorized to continue to work or study while awaiting a decision unless you had implied status from a timely extension. If successful, IRCC will issue a new permit. IF refused, you may need to leave Canada immediately or seek other solutions like H7C or TRP.

2.      In-Land Spousal Sponsorship If you’re married to or in a common-law relationship with a Canadian citizen or permanent resident, you may be eligible—even if you’re out of status in Canada. The key requirements are: Firstly, you must show that your marriage or partnership is real. Being out of status is okay but there should be no serious criminal record or misrepresentation charges on you. In this case you can stay in Canada while your application is being processed. The benefit is that you can apply for permanent residency through your spouse. You may be able to get work permit after you received the Acknowledgement of Receipt (AOR), so you can work legally while waiting for a decision.

3.      Humanitarian & Compassionate (H&C) Grounds: Individuals facing unusual, undeserved, or disproportionate hardship if forced to leave Canada. Often relevant to long-term residents lacking status or those with significant family ties in Canada. Factors like involvement of children, work history, language ability and community ties are considered. If anyone has faced hardship, persecution, or adverse conditions in home country and personal circumstances like health issue, family separations are also considered. The H&C applications can be lengthy and require strong, well documented evidence of hardship.

4.       Temporary Resident Permit (TRP)

If you're inadmissible to Canada due to reasons such as criminality or health issues, you may apply for a Temporary Resident Permit (TRP). A TRP allows you to enter or remain in Canada temporarily if your need to stay outweighs the risks to Canadian society. To be eligible, you must demonstrate a compelling reason for your stay in Canada, and that the benefits of your presence outweigh any potential risks. Submit a TRP application with supporting documents explaining your inadmissibility and the justification for your stay. TRP applications are assessed on a case-by-case basis, and there is no guarantee of approval and are issued for a specific period and purpose; they do not confer permanent resident status.It's crucial to understand that a TRP does not restore your previous status but provides temporary

5.      Special Public Policies

Occasionally, IRCC implements targeted public policies for special groups. Examples include

·       Out-of-status construction workers in the GTA

·       Out-of-status or unauthorized home care worker.

·       Exemptions or pilot programs for certain essential industries or humanitarian crises.

Always conform whether you fit these criteria or contact Immigration consultant.

Being out of status in Canada is a serious matter that requires prompt attention. While restoration of status, TRPs, and spousal sponsorship are viable options, each has specific eligibility criteria and application processes. It's essential to act quickly and seek professional guidance to navigate the complexities of immigration law effectively.

For personalized assistance, consider reaching out to Admire Immigration Services, where experienced consultants can help you explore your options and guide you through the application process.