If you are from a visa-exempt country, you can only stay for up to six months (unless your passport
stamp or your travel document says differently). Before your time is up, you either need to leave
Canada or renew your visitor status from within Canada.
15
People typically fall out of status this way
by having their applications for extension denied or forgetting to apply before their permit expires.
Technically, you must have at least a temporary resident visa (“TRV”) or a temporary resident permit
(“TRP”) to remain in Canada temporarily (unless you fall into a special exception). A work permit or
study permit is not the same as a TRV or TRP, but typically are issued together. It is possible in certain
scenarios to have a work/study permit without underlying status and be allowed to remain, but these
situations are rare.
16
The main takeaway is that if you have a work/study permit despite not having a
valid TRV or TRP, you may not be safe from immigration arrest, detention, and deportation.
17
Voluntary Repatriation:
18
If you are granted refugee or protected person status by Canada and you return to your country of
origin, you may risk losing your status (even after you received PR status) if it is determined that you
voluntarily returned there, re-acquired their nationality (for instance, by applying for a passport),
re-established yourself there, or if the reasons for seeking protection originally no longer exist. This is
because Canada believes a “genuine” refugee would not be able to return to the country where they
fear persecution or danger, so returning to that country means you no longer need Canada’s
protection.
19
The consequences of such a determination can be severe, including being found
inadmissible and being deported.
Criminal Inadmissibility:
20
If you are convicted of a crime, you could lose your immigration status. Whether you lose your status
depends on how “serious” the crime is, the specific crime committed, and the type of status you
possess (e.g. temporary status, permanent resident status). For instance, someone with permanent
20
See IRPA, supra note 2 at ss 33-43. For a summary of the criminal inadmissibility process, see Canadian Council for
Refugees, “Permanent residents and criminal inadmissibility” (July 2018), online:
<https://ccrweb.ca/en/permanent-residents-and-criminal-inadmissibility>.
19
See United Nations High Commissioner for Refugees, “Handbook – Voluntary Repatriation: International Protection”
(Geneva: 1996), online:
<www.unhcr.org/publications/legal/3bfe68d32/handbook-voluntary-repatriation-international-protection.html>
[https://perma.cc/5BMX-E6T4].
18
See IRPA, supra note 2 at s 108; Protecting Canada’s Immigration System Act, SC 2012, c 17, ss 18-19 (2012
amendments).
17
See Government of Canada, “Temporary resident permits: Work and study permits” (Date modified: 17 September 2015),
online:
<https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/t
emporary-residents/permits/work-study-permits.html> [https://perma.cc/2Z2G-LN9D].
16
For instance, CBSA may in some cases not start deportation proceedings if you have a strong claim for being granted PR
status on Humanitarian and Compassionate grounds. Depending on your specific situation, the Minister of Immigration,
Refugees and Citizenship may grant you permanent resident status on ‘Humanitarian and Compassionate grounds’ if you
would not otherwise qualify for permanent resident status. For more information, see Section 3.3 of this guide (“3.3 How to
Get Status”).
15
For further information on visitor visas, see Section 3.3 of this guide (“3.3 How to Get Status”).