Regulation 181(1) of the Immigration and Refugee Protection Regulations provides that a foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if:

  • the application is made by the end of the period authorized for their stay; and
  • they ahve complied with conditions imposed on their entry to Canada.

Regulation 181(2) further states that an officer shall extend the foreign national’s authorization to remain in Canada as a temporary resident if it is established that the foreign national will leave Canada by the end of the period authorized for their stay, holds a passport and is not inadmissible to Canada.

Factors

There are many factors that immigration officers will consider in assessing whether to extend someone’s status in Canada.  These include:

  • What is the individual doing in Canada?
  • How long has the individual been in Canada?
  • How long is the extension request for?
  • Do they have a valid job offer? If so, are they able to perform the work?
  • What activities has the individual done during their time in Canada?
  • Are they earning enough to support themselves?
  • Can someone else provide adequate support?
  • Does the individual have the means and ability to either return to their home country or to proceed onward to a third country?
  • Has the original purpose of the visit been fulfiled?
  • Is the proposed extension logical, reasonable and feasible in light of the person’s circumstances?
  • What ties does the person have to their home country?