You must maintain your legal status in Canada while waiting for your permanent residence (PR) application to be approved, unless you are applying from outside Canada.
Why is it Important to Maintain Status?
If you are applying for PR from within Canada, you must have a valid temporary resident status (as a worker, student, or visitor) while your application is being processed. If your temporary status expires before your PR is approved, you may face serious consequences, including:
- Losing your right to work or study in Canada.
- Being required to leave Canada and reapply from outside the country.
- Potential complications or delays in your PR application.
How to Maintain Your Status While Waiting for PR
Apply for an Extension Before Your Current Permit Expires
If you are in Canada on a work permit, study permit, or visitor status, you should apply for an extension before it expires. Applying on time may qualify you for maintained status (formerly called implied status), allowing you to remain legally in Canada while waiting for a decision.
Apply for a Bridging Open Work Permit (BOWP) If Eligible
If you are a worker applying for PR under Express Entry, PNP, or another eligible program, you may qualify for a Bridging Open Work Permit (BOWP). This permit lets you continue working while your PR application is processed.
Change Your Status If Needed
If you cannot extend your work or study permit, you may apply to change your status to a visitor to remain legally in Canada. Note that visitors are not allowed to work.
Leave and Re-enter Canada If Necessary
If your status expires and you have not applied for an extension in time, you may need to leave Canada and re-enter with a new visa or permit. Staying in Canada after your status expires without restoration may negatively impact your PR application.
What Happens If My Status Expires?
If your temporary resident status expires before your PR is approved, you may apply for restoration of status within 90 days of losing it. However, you cannot work or study while waiting for restoration approval, and you may be required to leave Canada if your application is refused.
Conclusion
Maintaining valid status in Canada while your PR application is processed is essential to avoid complications. Whether through a permit extension, a BOWP, or changing your status to visitor, keeping your status legal ensures a smoother transition to permanent residence. If you’re unsure about your options, consulting a licensed immigration consultant (RCIC) or lawyer can help you navigate your situation properly.