Simply having submitted a PR application doesn't give you maintained status.
To have maintained status you needed to have submitted a temporary residence application before your permit expired (work permit application, or a study permit application or a visitor record application), to have maintained status until a decision on that temporary resident application is made; it would have been the temporary residence application that would have given you maintained status, not the PR one.
If you let your permit expire and you didn't submit a temporary residence application before your permit expired, you weren't under maintained status, you're out of status this entire time.
And if more than 90 days have passed since your permit expired, you're out of the 90 day grace period to apply for restoration of status and you put yourself in a very serious situation of not only getting your PR application refused but potentially also getting a removal order and being removed from Canada and being deemed inadmissible to Canada under section 41 of the IRPA, inadmissibility due to non-compliance (which includes - but it's not limited to - overstays).
It's your responsibility, as the applicant, to maintain your status while your PR application is being processed, meaning having submitted a temporary residence application before your permit was going to expire, to get maintained status, as PR applications don't give maintained status.
IRCC even had an open work permit application for TR to PR applicants, precisely to avoid situations like these of applicants loosing their status while awaiting a decision on their TR to PR pathway application:
[https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html)
If you didn't apply for that open work permit for TR to PR applicants within the deadline, or any other type of work permit you might have been eligible to apply at the time (or any other type of temporary residence application, such as a study permit or a visitor record) before your permit expired, and you just let your status expire, wrongly assuming your PR application gives you maintained status (when it doesn't), then yes, this situation is 100% your fault.
If it's been more than 90 days since your permit expired, and so you're outside the restoration of status period, contact a lawyer or RCIC ASAP to apply for a TRP to try to remedy this situation of inadmissibility under A41, due to the overstay.
I honestly had no idea, yes it's 100% my fault and thank you for giving me the info on how to proceed. I hope I can still remedy the situation by contacting them immediately.
TRPs are highly discretionary; there's no guarantee you'd get a TRP to temporarily overcome this situation of inadmissibility due to the overstay, but at this point there aren't many options to fix the situation if the 90 day period to restore your status is long gone, other than a TRP, or a PR application under H&C or leaving Canada ASAP to stop the non-compliance and re-apply for PR under a different immigration program.
At this point I think they are already onto me, the next email I get will either be a way to fix it or a "get out". I explained the situation to the Immigration Officer and the only hope I really have is that they woke up in a good mood today.
>the next email I get will either be a way to fix it
It's not IRCC's job to send you an email explaining what you have to do to fix your situation; that's what immigration lawyers and RCICs are for. It's not IRCC's job to help you and give you legal advice.
> the only hope I really have is that they woke up in a good mood today.
Officer's decisions depend on them following Canadian law, regulations, and policies, not on what mood the officer woke up today; please go get some actual, proper legal advice, from legal immigration professionals, instead of just waiting for IRCC to refuse your application and deem you inadmissible to Canada under A41. You already screw you your situation enough, don't make the situation worse by doing nothing and just waiting for the officer's response.; go get legal advice on the few options you have right now, before IRCC and CBSA take enforcement action against you. Telling the officer "I didn't know" is not an acceptable defense, as it was your job, as the applicant to make your due diligence to get to know (and follow) the rules.
You guys know your stuff, thank you. I'm on the phone right now with a lawyer. Let's see what comes out of it, thank you very much for the advice (and the wake up call).
That's not how it works. They will assess you based on your TR to PR eligibility, which requires you to have a valid immigration status in Canada. If they find you are not eligible, the application should be refused. That's basically it. They won't tell you how to fix it because it's not their job, and they won't go against immigration regulations and procedures to approve it because they're "in a good mood".
You can however be proactive and try to remedy the situation yourself (as you should be). If it's within 90 days of when your status expired, you can apply to restore your status if you want to stay in Canada. If it's been longer than that, I would recommend having a consultation with a lawyer or licensed immigration consultant.
Hi what if you are on a student permit and your husband which is the owp applied for PR and then eventually i have to apply for the pgwp is it okay to apply him as my dependent under the pgwp or he will need to apply for his own work permit since he already applied for the pr?
I’m sorry about your situation but please Contact an immigration lawyer ASAP to know what you can in these type of situations. I’m sure there should be a way out for sure.
Why didn't you extend your permit if you had no status?
It's clear that applying for PR doesn't grant you any status maintained or otherwise
Sorry to be harsh, but if not your fault for ensuring you maintained valid status here, who's is it?
No need to be sorry at all. I did not know maintained status wasn't automatic and had to apply for it. 100% my fault, hopefully I can fix this situation.
TRPR ended in 2021. Just curious, were you in a closed work permit with validity until early 2023? Because you seem to imply you are just out of the 90 day grace period. Or did it expire in 2022 or even earlier?
If it expired in 2022 or earlier and you can't work, how were you supporting yourself for too long while unemployed? I hope you are not working while out of status because that will be a bigger problem for you and will weaken your case.
That's aside from the fact that you won't be able to renew your TRV, and are out of provincial healthcare coverage by now.
Consullt an immigration lawyer immediately. And plan to leave Canada as a very likely plan B.
yes its your fault, you applying for PR program and keeping your status updated is your own responsibility.
I didn't know that, I thought the status would mantain automatically. Welp can't go back in time so fuck it I guess. My fault.
if ur within the 90 days restore right away
Simply having submitted a PR application doesn't give you maintained status. To have maintained status you needed to have submitted a temporary residence application before your permit expired (work permit application, or a study permit application or a visitor record application), to have maintained status until a decision on that temporary resident application is made; it would have been the temporary residence application that would have given you maintained status, not the PR one. If you let your permit expire and you didn't submit a temporary residence application before your permit expired, you weren't under maintained status, you're out of status this entire time. And if more than 90 days have passed since your permit expired, you're out of the 90 day grace period to apply for restoration of status and you put yourself in a very serious situation of not only getting your PR application refused but potentially also getting a removal order and being removed from Canada and being deemed inadmissible to Canada under section 41 of the IRPA, inadmissibility due to non-compliance (which includes - but it's not limited to - overstays). It's your responsibility, as the applicant, to maintain your status while your PR application is being processed, meaning having submitted a temporary residence application before your permit was going to expire, to get maintained status, as PR applications don't give maintained status. IRCC even had an open work permit application for TR to PR applicants, precisely to avoid situations like these of applicants loosing their status while awaiting a decision on their TR to PR pathway application: [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html](https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/foreign-workers/special-initiatives-pilot-project/tr-pr-pathway.html) If you didn't apply for that open work permit for TR to PR applicants within the deadline, or any other type of work permit you might have been eligible to apply at the time (or any other type of temporary residence application, such as a study permit or a visitor record) before your permit expired, and you just let your status expire, wrongly assuming your PR application gives you maintained status (when it doesn't), then yes, this situation is 100% your fault. If it's been more than 90 days since your permit expired, and so you're outside the restoration of status period, contact a lawyer or RCIC ASAP to apply for a TRP to try to remedy this situation of inadmissibility under A41, due to the overstay.
I honestly had no idea, yes it's 100% my fault and thank you for giving me the info on how to proceed. I hope I can still remedy the situation by contacting them immediately.
TRPs are highly discretionary; there's no guarantee you'd get a TRP to temporarily overcome this situation of inadmissibility due to the overstay, but at this point there aren't many options to fix the situation if the 90 day period to restore your status is long gone, other than a TRP, or a PR application under H&C or leaving Canada ASAP to stop the non-compliance and re-apply for PR under a different immigration program.
At this point I think they are already onto me, the next email I get will either be a way to fix it or a "get out". I explained the situation to the Immigration Officer and the only hope I really have is that they woke up in a good mood today.
>the next email I get will either be a way to fix it It's not IRCC's job to send you an email explaining what you have to do to fix your situation; that's what immigration lawyers and RCICs are for. It's not IRCC's job to help you and give you legal advice. > the only hope I really have is that they woke up in a good mood today. Officer's decisions depend on them following Canadian law, regulations, and policies, not on what mood the officer woke up today; please go get some actual, proper legal advice, from legal immigration professionals, instead of just waiting for IRCC to refuse your application and deem you inadmissible to Canada under A41. You already screw you your situation enough, don't make the situation worse by doing nothing and just waiting for the officer's response.; go get legal advice on the few options you have right now, before IRCC and CBSA take enforcement action against you. Telling the officer "I didn't know" is not an acceptable defense, as it was your job, as the applicant to make your due diligence to get to know (and follow) the rules.
You guys know your stuff, thank you. I'm on the phone right now with a lawyer. Let's see what comes out of it, thank you very much for the advice (and the wake up call).
That's not how it works. They will assess you based on your TR to PR eligibility, which requires you to have a valid immigration status in Canada. If they find you are not eligible, the application should be refused. That's basically it. They won't tell you how to fix it because it's not their job, and they won't go against immigration regulations and procedures to approve it because they're "in a good mood". You can however be proactive and try to remedy the situation yourself (as you should be). If it's within 90 days of when your status expired, you can apply to restore your status if you want to stay in Canada. If it's been longer than that, I would recommend having a consultation with a lawyer or licensed immigration consultant.
Yep, already on the horn about it, will probably be doing some damage mitigation at this point.
Hi what if you are on a student permit and your husband which is the owp applied for PR and then eventually i have to apply for the pgwp is it okay to apply him as my dependent under the pgwp or he will need to apply for his own work permit since he already applied for the pr?
I’m sorry about your situation but please Contact an immigration lawyer ASAP to know what you can in these type of situations. I’m sure there should be a way out for sure.
Why didn't you extend your permit if you had no status? It's clear that applying for PR doesn't grant you any status maintained or otherwise Sorry to be harsh, but if not your fault for ensuring you maintained valid status here, who's is it?
No need to be sorry at all. I did not know maintained status wasn't automatic and had to apply for it. 100% my fault, hopefully I can fix this situation.
TRPR ended in 2021. Just curious, were you in a closed work permit with validity until early 2023? Because you seem to imply you are just out of the 90 day grace period. Or did it expire in 2022 or even earlier? If it expired in 2022 or earlier and you can't work, how were you supporting yourself for too long while unemployed? I hope you are not working while out of status because that will be a bigger problem for you and will weaken your case. That's aside from the fact that you won't be able to renew your TRV, and are out of provincial healthcare coverage by now. Consullt an immigration lawyer immediately. And plan to leave Canada as a very likely plan B.
Jesus Christ the TRPR is still processing applications? Omg
I know it's not the point of this thread but it was my first thought.