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Determining Eligibility

Temporary residents are persons who are legally authorized entry to Canada to work, to study, to holiday or to see friends or relatives temporarily. They are restricted in length of stay and are subject to various other conditions.

This guide is for temporary residents who are already in Canada and wish to

extend their stay,

change conditions of their stay,

change their class (visitor, worker, student), or

correct problems in their status.

If your current temporary resident status is still valid you can apply for an extension of your stay as a Temporary resident providing you apply at least 30 days before the expiry date of your current status.

If you are currently studying in Canada and wish to change institutions at the same level, or change levels from college to university, you must look at the conditions initially imposed on your study permit. If required, you must apply to change conditions before moving to another institution.

If you are currently working in Canada, you may wish to extend your work permit or change employer. Or you may be a temporary resident who wishes to work. In either case you must obtain a work permit before you begin working. Normally a work permit is obtained outside of Canada before coming to Canada. Only in a few special situations which are outlined in this kit, can a work permit be applied for within Canada.

If you currently are in Canada on a temporary resident permit (TRP) and it is still valid, you may wish to apply for a new TRP. If you do not apply for a new TRP, it is your responsibility to leave Canada before the expiry date of the permit.

If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your permit expiry date or leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted. See the section Restoration of Status.

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