Philippine Asian News Today | Page 14

A14 PHILIPPINE ASIAN NEWS TODAY August 16 - 31, 2016 Immigration Corner By Giovanni G. Mata Over the years of my immigration practice, I have been repeatedly asked by temporary foreign workers, students and visitors in Canada if they still have options to extend their stay in Canada and to continue working, studying or staying beyond the expiration of their status or authorized stay in Canada. Section 183 (5) of the Immigration and Refugee Protection Regulation (Regulation) provides: “If a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until (a) the day on which a decision is made, if the application is refused; or (b) the end of the new period authorized for their stay, if the IMPLIED STATUS: Staying in Canada beyond the expiration of status application is allowed.” The aforesaid provision provides the legal basis for “implied status”. This means that if a temporary resident (worker, student or visitor) has submitted an application for extension or renewal of status, such person is considered to have an implied status while waiting for the decision on his/her application. Thus, if he/she is a worker, he/she can continue working under the same condition of his/her expired work permit until the Immigration Refugee and Citizenship Canada (IRCC) has decided on the application. Students who have submitted an application for extension of their study permits can also continue studying unti l a decision is made on the application. The same is also true with visitors who wanted to stay beyond their authorized stay, they will have an implied status provided they have submitted their application before their visa or status expired. However, this implied status will only apply to temporary residents who have remained in Canada from the time their status expired and have continued to comply with the conditions on their expired visitor, study, or work permits. The moment they leave Canada, they immediately lose their implied status. However, those with implied status who left Canada may still be allowed re-entry while waiting for the decision on their application for extension of their work or study permit as long as they come from visa exempt countries or have a multiple entry visa. Once granted an re-entry, they cannot continue working or studying as they have already lost their implied status. They can only resume working or studying once their application has been approved. In order however to possess and take advantage of having an implied status, you should submit your application for extension or renewal before your current status expires. Thus, if you fail to submit your application before your status expires, you will no longer enjoy the benefits of having an implied status. This does not however leave you without recourse as you can still ask the IRCC to restore your status. In my next article, I will talk about restoration of status and how it works. If you are a foreign worker, student or visitor who wants to extend your stay in Canada, we can help you go through the process to maintain your status valid in Canada. If you need help or have questions about the process, you can reach me at [email protected] Giovanni is an articled student at Equity Law Group. Articling is the last phase of becoming a lawyer in Canada. Law Society of British Columbia Rule 2-60 permits an articled student to provide all legal services that a lawyer can offer, with some exceptions. He is also a licensed immigration consultant with ICCRC, a Philippine Trial lawyer, Certified International Trade Professional in Canada, and an Arbitrator. Disclaimer: This article is for information purposes only and not to provide specific legal advice. Rotary Club Richmond Marks Milestone in Polio Eradication in the Philippines Canadian ambassador to the Philippines, Neil Reeder, and the Philippines Consul-General, Neil Ferrer celebrated with the Rotary Club of Richmond Sunrise and their eradication of polio in the Philippines at the Catch Kitchen and Bar in Steveston. The Rotary Foundation started its campaign to eliminate polio in the Philippines in 1979. Since then, the foundation, together with governmental and nongovernmental organizations around the world, have immunized 3.5 billion children. In 1979, the first two drops of the Sabin polio vaccine were administered to children in Guadalupe Viejo, a district of Manila by the then President of Rotary International. This led to a project of global significance – the Eradication of Polio. A Rotary grant provided for the immunization of six million children there and enabled the Philippines to be declared polio free. That has helped bring the number of cases down from 1,000 each day, to the 2016 figure of only nineteen since January of this year, in two remaining countries. Richmond’s five Rotary Clubs have been strong supporters of this campaign, both in funding the immunization program and supplying volunteers to perform the immunizations in many parts of the world. “Without that initial investment by TRF and the Philippines Government of US$750,000, Polio might very well continue at pandemic levels in many parts of the world. Truly something for WWW.PHILIPPINEASIANNEWSTODAY.COM us all to celebrate!” says Past District Governor Gordon Dalglish. “That work continues today – but in only 3 remaining countries. The Government of Canada continues to be a strong supporter of this work, investing many millions of dollars over the years,” Dalglish adds. Other than the Philippines, the Rotary Club also does its work in other countries. Rotary Club of Ladner members Chris and Penny Offer travelled with their team to Nuh, Haryana, about 70 kilometres from Delhi. Nuh is a predominately Muslim community that endures ongoing poverty and lack of basic public services. “It is an emotional experience to have a mother pass you, a stranger from another country, their child to hold and give two life saving polio drops,” said Chris Offer. Although India was declared free from the polio in 2014, there is still the real risk of re-infection from the high number of cases found in nearby Pakistan and therefore it is essential that high levels of immunization are maintained. The Philippines has remained a vibrant and exciting country, but not without its challenges; TRF together with its many partners such as Rotary World Help, Firefighters Without Borders, Caring Hearts Dentistry and too many others to list, has maintained and expanded that relationship started back in 1979.