Foreign nationals who are in Canada and whose temporary resident status may soon expire can apply for an extension to maintain their temporary resident status in Canada. Applicants who are unable to depart Canada due to the COVID-19 pandemic should provide an explanation as to why they need to remain in Canada with the submission of their application.
As per current guidelines, applicants must apply online and must meet all requirements, including biometrics fees, as applicable. Applicants should apply in advance of their current temporary resident status expiring.
Foreign nationals who have an extension application currently in progress will benefit from maintained status and may remain in Canada until a decision is rendered on their application; therefore, expedited processing is not required.
Except for specific fee waivers implemented under a public policy, there are no additional fee waivers for temporary residence applications or extensions outside of those under the Immigration and Refugee Protection Regulations. Officers should note that if biometrics are not collected as part of the application, any fee paid for that service (for example, the $85 biometric fee) should be refunded, as the service was not provided.
- Foreign nationals whose temporary resident status has expired may apply for restoration. They must pay the associated processing and restoration fees, as applicable.
- The public policy provides an exemption from the requirement to apply for restoration within 90 days of losing temporary resident status for all foreign nationals (former workers, students and visitors) in Canada. The period of 90 days has been extended for foreign nationals who had valid temporary resident status on or after January 30, 2020, but whose status expired on or before May 31, 2021. They will have until August 31, 2021, to apply to restore their status.
If the applicant is eligible for restoration
- The officer proceeds with the assessment of the application (medical results, bona fides, etc.).
- If all requirements are met, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.
If the applicant is not eligible for restoration
The Minister’s delegate decides on a disposition for the case. The following options are available:
- refer the case to an admissibility hearing
- issue a departure order
- allow the foreign national to remain in Canada