All foreign nationals are authorized to enter Canada as a temporary resident under the Immigration and Refugee Protection Act (IRPA). A temporary resident may be authorized to work or study during their temporary stay in Canada. Such residents have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay.
However, a temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made. Such a person is considered to have a legal status as a temporary resident during the processing period.
Importantly, holders of temporary resident permits (TRPs) are considered to be in a temporary resident class. When a foreign national applies for a new TRP, they are not renewing their authorized stay but are applying for a subsequent TRP. Therefore, they do not maintain their temporary resident status during the processing period as they do not meet the requirements of extension of the authorized stay in Canada.
At NPZ Law Group, our U.S. and Canadian lawyers seek to assist clients with regard to employment and family immigration issues. If you or your friends or family should have any questions about any aspect of the Canadian Immigration Law, please feel free to contact us at info@visaserve.com or you can call our office at 201-670-0006 (ext. 104). We look forward to being able to assist you.