Are you thinking if you can apply for CANADIAN PERMANENT RECIDENCY even if you have lost your immigration status in CANADA? Yes you can, there are still options available for those people whose Temporary Resident status in Canada has elapsed to finalize their application to become a permanent resident. WHAT IS STATUS?
A status allows the person to be in Canada legally. If that person is not a permanent resident then he must hold a temporary resident status. Temporary resident status is given by a work or study permit, a visa, or simply a visa stamp in your passport. Permits and visas will tell when will they expire, if you have one of these documents then you have a temporary status in Canada for a limited amount of time. What can happen if you will stay beyond the date? You will face consequences under the Canadian Immigration Law. If your temporary status has expired and you wish to stay in Canada, the first thing you should do is apply for a restoration status. Apply this within 90 days of your expiry date. If you exceed more than 90 days you options for staying in Canada are limited. SPOUSAL SPONSORSHIP One of the few options that will be still available to those people who are out of the status is the Spousal Sponsorship. Someone who is living with their Canadian spouse or common-law partner can be sponsored for permanent residence. Like any application under this sponsorship, the partners in relationship must prove to immigration officials that their relationship is real. The relationship must meet the legal requirement that explains a marriage or common law partnership. NO OTHER STATUS IN ANYOTHER COUNTRY If you’re out of status in another country like the USA, don’t worry about it, SSSS Immigration’s experts helps that will not affect your permanent resident application. But this could negatively impact any application you make for temporary residence in Canada. IRCC officers will evaluate temporary residence applications to decide whether they meet their criteria for the permit, and if whether they are likely to comply with the conditions of their stay. This means that, will you leave after your status expires? If you’re already overstaying your status in another country, the visa officer could have a reason to believe that you will also overstay in Canada, this may result you rejection for your application. For a permanent residence application, it has to show that you are intending to reside in Canada, and not planning on leaving after a certain amount of time. So unless there are criminality involved in your status, it will most likely be taken into consideration for your permanent residence application.
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