At Heron Law Offices, we are proud to share the successful outcome of a particularly complex and high-stakes immigration matter. Last year, we were contacted by a family in Canada facing a difficult situation. Their two minor sons had unintentionally fallen out of status because they were unable to renew their passports before their study permits expired. By the time they received their new passports, more than 90 days had passed since the expiry of their permits, placing them outside the restoration window provided under Canadian immigration law.
History of Non-Compliance
For those unfamiliar with this type of issue, when a temporary resident in Canada loses their status (due to the expiry of a study permit, work permit, or visitor record), they generally have only 90 days to apply for restoration. After this 90-day period, they are typically required to leave Canada in order to reapply for a new permit from abroad. This history of non-compliance can negatively affect both temporary and permanent immigration applications in the future.
However, in exceptional cases, there is a narrow legal pathway available: the Temporary Resident Permit (TRP). TRPs can be granted to individuals who are otherwise inadmissible to Canada if there are compelling reasons for them to come to or remain in the country despite their inadmissibility.
Strategic Assessment and Resolution
When our immigration lawyer, Dr. Siavashpour, took on the file, he conducted a thorough assessment, not only of the two minor Applicants’ circumstances, but also of their family dynamics and the broader humanitarian implications. The children were residing in Canada with their mother, an international Ph.D. student, and their father, a skilled worker. Their younger sibling was also in Canada.
Given the family’s circumstances, it was neither safe nor practical for the parents to send the minor children abroad alone to apply for new study permits, especially considering the long processing times and the risk of refusal. Nor was it feasible for either parent to abandon their work or studies to accompany the children abroad.
After careful review, we determined that applying for Temporary Resident Permits, along with new study permits, was the most appropriate and compassionate legal strategy.
Considering Factors for TRP Applications
This type of application is not routine and is evaluated on a case-by-case basis. Here are the factors IRCC requires its officers to consider when deciding on TRP applications:
The following non-exhaustive considerations and examples illustrate the scope and spirit in which the discretion to issue a TRP should be applied:
- the reason for the person’s presence in Canada and the factors that make their presence in Canada necessary (for example, family ties, job qualifications, economic contribution, attendance at an event)
- the intention of the legislation (for example, protecting public health or the health care system)
- the type or class of application and family composition, both in the home country and in Canada
- the benefits to the person concerned and to others
Our team submitted a detailed application package outlining the necessary arguments and demonstrating the integrity of the family and their commitment to complying with Canadian law moving forward.
We are delighted to share that both TRPs were approved, and the Applicants were also granted new study permits, which allow them to remain in Canada lawfully, continue their education, and stay united with their family.
At Heron Law Offices, we believe that immigration law should be applied with compassion, clarity, and justice. If you or someone you know is facing a similar situation, whether due to lapsed status, inadmissibility, or exceptional circumstances, we are here to help.
Contact us today to speak with one of our immigration lawyers. Every case is unique, and so is our approach.
