Being “Out of Status”

Let us understand what is “Out of Status”

Being “Out of Status” in the context of Immigration, Refugees and Citizenship Canada (IRCC) means when a foreign national (visa holder) has lost the right to remain in Canada on the terms used to gain entry into Canada initially. This also means the foreign national or the visa holder are no longer authorized to be in Canada physically, for the purpose they were initially granted entry into Canada.

We take a look at what situations or scenarios can a person be termed as “Out of Status” in Canada to help us better understand this.

  • You entered Canada on a Temporary Resident Visa (Visit Visa) and you were authorized to stay 180 days, but you have stayed longer than 180 days, did not leave Canada.
  • You entered Canada on a Study Permit (Study Visa), on completion of studies, you are still in Canada, did not leave Canada.
  • You entered Canada as a Temporary Foreign Worker (TFW), on the expiry of your work permit, you are still in Canada, did not leave Canada.
  • You were issued a departure order to leave Canada but did not do so, by the required date.

Below are some of the examples but not limited to the above. There can be various scenarios on a case-to-case basis, which will help determine whether you are legally entitled and authorized to stay in Canada.

An important point to note is that if a visa holder is “Out of Status” for any reason, it may affect future applications with IRCC. So it is best not to ever be out of status in Canada.

Remedy for “Out of Status” Foreign Nationals or Visa Holders

Usually, if a visa holder overstays the visa, due to any reason, there is an option of “Restoration” of status. This process varies from visa type and duration of overstay. There is a grace period within which you can apply to restore your status as a student, worker or visitor. However, rules can be complex to understand. It is a safer idea to check with a professional if the status can be restored. If you think you will be at the risk of being “Out of Status”, please contact a professional immediately, do not wait till the day you are actually out of status. It is always easier to fix these kinds of situations, early on.