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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.