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Extension Requests
In cases where a person seeks to remain longer than the permitted time by a Study Permit, Work Permit, or Visitor Visa, a person may apply from within Canada for a visa extension. Such extension requests must be made prior expiry of the original permitted time. In cases where the decision is made after the expiry of the original visa but the extension request was made prior the expiry of the original permitted time, then implied status exists, allowing for the person to continue on the same status as the person originally had until the extension request is decided.
Where requests are made out of time, but within 90 days from the expiry date, a special request for re-instating status must be made at the same time an extension request is made. Where the person is making a request outside of 90 days, no extension request is possible. In the case of a Work Permit extension, it may be necessary in certain cases to apply for a further validation from Human Resources before the Work Permit extension will be granted.
When an extension request is refused, a person must leave Canada as soon as possible to avoid complicating their immigration situation. In some cases, immigration will issue a voluntary departure notice with the extension request refusal that must be presented at the time of departure to an immigration official at the point of departure from Canada. Where a person does not voluntarily depart, a removal order may be made against such a person leading to possible future inadmissibility to Canada.
Final Note:
In many cases, persons seeking entry to Canada for a temporary purpose, apply by themselves without legal assistance, especially for a visitor visa. However for cases, where Canadian immigration rejects the applicant, the second attempt is much more difficult, especially for Study Permits or Work Permits. If the applicant seeks the most safe and risk free approach for applying for a Study Permit or Work Permit, professional assistance should be sought from the start, before there is a rejection by immigration or problems arise. Obtaining legal advice as to how to better lay the foundation for a successful temporary visa (Visitor, Study and/or Work Permit) application is very important, especially in the current environment where Immigration authorities have become stricter in applying the temporary visa application rules and regulations. Further, given the current trend toward refusing more and more temporary authorizations, there is a greater need to speak to a qualified immigration lawyer about the risks and pitfalls. As always, the prospective temporary visa applicant, especially for Study and Work Permit applications, should seek proper and honest legal advice in order that the prospective visa applicant does not lose the right to obtain and/or maintain student and/or work status in Canada.
For further information please contact Marvin Moses Law Office.
(Since the issues and matters in reality are quite complex, it is recommended that legal or other appropriate professional advice should be sought before acting upon any of the information contained therein. Although every reasonable effort has been made to ensure the accuracy of the information contained in this article, no individual or organization involved in either the preparation or distribution of this article accepts any contractual, tortuous, or any other form of liability for its contents or for any consequences arising from its use.)