Temporary residents in Canada unable to depart Canada: COVID-19 program delivery

Foreign nationals who are in Canada and whose temporary resident status may soon expire can apply for an extension to maintain their temporary resident status in Canada. Applicants who are unable to depart Canada due to the COVID-19 pandemic should provide an explanation as to why they need to remain in Canada with the submission of their application. If an applicant is unable to depart Canada, officers should take into consideration whether international airspace has been closed and whether commercial flights to the client’s country of origin or destination are available. As per current guidelines, applicants must apply online and must meet all requirements, including biometrics fees, as applicable. Applicants should apply in advance of their current temporary resident status expiring.

Foreign nationals who have an extension application currently in progress will benefit from maintained status and may remain in Canada until a decision is rendered on their application; therefore, expedited processing is not required.

Except for specific fee waivers implemented under a public policy, there are no additional fee waivers for temporary residence applications or extensions outside of those under the Immigration and Refugee Protection Regulations. Officers should note that if biometrics are not collected as part of the application, any fee paid for that service (for example, the $85 biometric fee) should be refunded, as the service was not provided.

Restoration

Foreign nationals whose temporary resident status has expired may apply for restoration. They must pay the associated processing and restoration fees, as applicable.

For further information on the public policy extending the restoration period, see Public policy exempting certain out-of-status foreign nationals in Canada from immigration requirements.

If the applicant is eligible for restoration

The officer proceeds with the assessment of the application (medical results, bona fides, etc.).

If all requirements are met, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.

If the applicant is not eligible for restoration

The Minister’s delegate decides on a disposition for the case. The following options are available:

• refer the case to an admissibility hearing
• issue a departure order
• allow the foreign national to remain in Canada