“Extension of stay in Canada” refers to a request to legally stay in Canada after your current status expires, regardless of whether you are a visitor, student, or worker.
Extension of stay means you apply for extending of the same temporary resident status that you were actually under for a longer period of time, and you cannot change your immigration status (for example, from worker to student).
To extend your status in Canada… you can:
Apply for a Visitor Record (if you are a visitor)
A visitor record is not the same as a visitor Visa. A visitor record grants you legal status in Canada and permits you to stay in the country for up to 6 months. However, there will be an expiration date on your visitor record approval letter, after which you will have to depart the country or apply for another extension in order to continue an extended stay. The documents must prove that you are eligible to extend and should include your proof of funds.
Please note: that you cannot work or study while on a Visitor Record, and as of August 2024, you cannot transition from a Visitor Record/Visa to a worker.
If you wish to leave Canada during the period of stay as a visitor (on a visitor record), that will not guarantee that you will be allowed to return unless you have a Visitor Visa/e-TA. A visitor record does not ensure that you will be allowed to return.
Student
If you are a student and wish to extend your status as a student again, you must ensure that your student status is valid at the time you are applying for a Study permit extension. Ensure to apply ahead of time, considering the processing time and delays from IRCC.
For the Extension of a study permit, you can enroll in another program of studies. Even though it’s an expensive process, it will help you continue your stay for a couple of years if approved.
You can include documents to prove that you are continuing as a student, such as an enrollment letter from the DLI institution, PAL, a fees receipt, and proof of funds for your stay as a student in Canada.
Worker
If you currently hold a valid work permit in Canada, and if you are nearing expiry, ensure to extend your permit to continue legally staying and working by obtaining either of the below:
- a new offer of employment,
- closed work permit (LMIA-based),
- or LMIA-exempt,
- CUSMA,
- Spouse open work permit. (All of these are applicable only if you are eligible.)
To remain on implied status (which means you can continue to work while a decision is made), you must apply for an extension before your existing permit expires.
NOTE: Reach out to your employer and request their assistance in obtaining an LMIA if required. (Do not offer any payments for obtaining an LMIA)
In case of refusal of an Extension:
Should you be refused an extension, you have 90 days from the date of the refusal notice to apply for restoration. You cannot work or study until IRCC approves your restoration along with a new work or study permit.
Lastly, if you do not qualify for an extension or any of the other options:
It is often better to leave the country and rebuild your profile.
Gain more work experience in your home country to improve your CRS scores for Express Entry. While this may sound discouraging, it is often the best option, as each application’s success depends on the individual’s profile and background.
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Disclaimer: Please be advised that immigration laws in Canada are constantly subject to change. The details and suggestions mentioned above may not be current or applicable to your situation. Before making any decisions, confirm information through reliable (government) sources or consult a legal expert.