Pre-removal Risk Assessment Application
If you are told to leave Canada, you will be given a notice that the removal order is being enforced. In most cases, if you are given a removal order, you can apply for a pre-removal risk assessment (PRRA). During the PRRA process, an officer will review the documents related to your case and any other evidence that you provide. If you had made a refugee claim, the evidence that will be considered will be limited to any new or different evidence that was not presented when you had your hearing at the Refugee Protection Division. In some special cases, you will be asked to attend an interview before a decision is made about whether you can stay in Canada.
A Pre-removal Risk Assessment Application will stay your removal order until a decision is made.
If the PRRA officer accepts your claim, you may receive the status of "protected person." This means you can stay in Canada and you can apply to become a permanent resident of Canada.
Humanitarian and Compassionate Ground Applications
You may apply for permanent residence on humanitarian and compassionate grounds if you:
- Currently live in Canada; and
- Are not eligible to apply for permanent residence from within Canada in any of these classes: Spouse or Common-Law Partner; Live-in Caregiver; Protected Person; or Temporary Resident Permit Holder and
- Believe you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada.
You must clearly demonstrate that you would experience unusual and undeserved or disproportionate hardship if you were required to leave Canada.
A family member or close relative in Canada may support your application by submitting a sponsorship (undertaking of assistance) that will be considered in conjunction with all other factors presented with your application. A sponsorship may be an important factor if your ability to support yourself is in question.
Applications for permanent residence made on humanitarian and compassionate grounds are only approved in exceptional circumstances and it could take up to several years to process an application
TRV or Re-entry Visas
A temporary resident visa is an official document issued by a visa office abroad that is placed in your passport to show that you have met the requirements for admission to Canada as a temporary resident (either as a visitor, student, or worker).
A visa may be for a single entry, for multiple entries, or for transit purposes.
If you require a temporary resident visa (TRV) to enter Canada, a renewal of a study permit or a work permit does not affect your TRV. It is your responsibility to ensure your TRV remains valid if you wish to re-enter Canada. Before or after leaving Canada, you must apply for and obtain a TRV abroad by applying to a Canadian visa office.
Renewal of Work, Study and Visitor Visas
Workers, students and visitors are a class of temporary resident who are legally authorized to enter Canada temporarily to work study or simply visit. They are restricted in length of stay and are subject to various other conditions.
If your current temporary resident status is still valid you can apply for an extension of your stay providing you apply at least 30 days before the expiry date of your current status. Your original temporary status continues under the same conditions until your application is finalized and you have been notified of the decision.
If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status.
Restoration of Status Applications
You may seek restoration within 90 days after your status as a student or a temporary worker has been lost, if you have only failed to comply with one or more of the following conditions:
- You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days)
- You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit
- You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
- You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.
If you apply for a study permit or a work permit, you must pay the permit fee as well as the restoration fee when applying.
Labour Market Opinion Applications
In general, Foreign Workers interested in working in Canada must first have a job offer from a Canadian employer to be able to apply for a work permit.
As an employer, you must apply for a Labour Market Opinion (LMO) before you can hire a foreign worker or get pre-approval to hire a large number of workers.
A positive Labour Market Opinion will show that there is a need for the foreign worker to fill the job you offer and that there is no Canadian worker available to do the job.
Arranged Employment Opinion Applications
Employers can make a permanent job offer to a Skilled Worker to fill a full-time, permanent position in your company, and bring needed skills to Canada. By doing this, employers can also help Skilled Workers gain permanent residency in Canada.
- The job offer is permanent;
- The job offer is genuine;
- The wages and working conditions offered for the job are comparable to those offered to Canadians working in the occupation;
- The employment is full-time, not seasonal.
On its own, a permanent job offer does not allow a Skilled Worker to immigrate to Canada. Before a Skilled Worker can become a permanent resident, they must meet the requirements of the Skilled Worker Class.
CAIPS and FOSS notes checks
C.A.I.P.S stands for "Computer Assisted Immigration Processing System". This is the computer system used by Citizenship and Immigration Canada (CIC) to manage immigration applications being processed outside of Canada.
FOSS stands for "Field Operational Support System" and is the computer system used by Citizenship and Immigration Canada (CIC) to manage immigration applications being processed within Canada.
If you have been asked to attend an interview, requesting your CAIPS or FOSS notes can help you to prepare. They may indicate why the interview has been requested.
If an unusual amount of time and you have not heard anything from the processing office, requesting your CAIPS or FOSS notes can help you to check the status of your application.
If you are just curious as to how your application is progressing, requesting your CAIPS or FOSS notes may give you an idea of when an immigration officer have last reviewed your file.
You may request a hard copy of your entire immigration file from the office handling your case. The immigration file will also include a copy of your CAIPS notes or FOSS notes. Requesting your entire immigration file can be particularly useful in instances where an application has been declined.