Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Authorization

180. A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that the foreign national and their accompanying family members

• (a) met the requirements for issuance of their temporary resident visa at the time it was issued; and

• (b) continue to meet these requirements at the time of the examination on entry into Canada.

Marginal note:Circumstances

• 181. (1) A foreign national may apply for an extension of their authorization to remain in Canada as a temporary resident if

  • (a) the application is made by the end of the period authorized for their stay; and

  • (b) they have complied with all conditions imposed on their entry into Canada.

• Marginal note:Extension

  (2) An officer shall extend the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that the foreign national continues to meet the requirements of section 179.

Marginal note:Restoration

182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.

Marginal note:General conditions

• 183. (1) Subject to section 185, the following conditions are imposed on all temporary residents:

  • (a) to leave Canada by the end of the period authorized for their stay;

  • (b) to not work, unless authorized by this Part or Part 11;

  • (b.1) if authorized to work by this Part or Part 11, to not enter into an employment agreement, or extend the term of an employment agreement, with an employer whose name appears on the list referred to in subsection 203(6) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) was made; and

  • (c) to not study, unless authorized by this Part or Part 12.

• Marginal note:Authorized period of stay

  (2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of

  • (a) the temporary resident's means of support in Canada;

  • (b) the period for which the temporary resident applies to stay; and

  • (c) the expiry of the temporary resident's passport or other travel document.

• Marginal note:Authorized period begins

  (3) The period authorized for the stay of a temporary resident begins on

  • (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized; and

  • (b) in any other case, the day on which they enter Canada.

• Marginal note:Authorized period ends

  (4) The period authorized for a temporary resident's stay ends on the earliest of

  • (a) the day on which the temporary resident leaves Canada without obtaining prior authorization to re-enter Canada;

  • (b) the day on which any work permit or study permit issued to the temporary resident expires;

  • (c) the day on which any temporary resident permit issued to the temporary resident is no longer valid under section 63; or

  • (d) the day on which the period authorized under subsection (2) ends, if paragraphs (a) to (c) do not apply.

• Marginal note:Extension of period authorized for stay

  (5) 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 application is allowed.

• Marginal note:Continuation of status and conditions

  (6) If the period authorized for the stay of a temporary resident is extended by operation of paragraph (5)(a) or extended under paragraph (5)(b), the temporary resident retains their status, subject to any other conditions imposed, during the extended period.