Out of Status in Canada

Legal Representation for Restoration, TRPs, Procedural Fairness Responses, and Inadmissibility Matters

Remaining in Canada without a valid status whether due to an expired permit, a refusal, or a lapse in compliance places individuals at risk of removal proceedings, inadmissibility findings, and long-term bars to re-entry. However, the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR) provide legal mechanisms for affected individuals to regularize their status, respond to enforcement concerns, and continue residing in Canada under specified conditions.

At VM Immigration Services, we provide legally sound and strategically structured representation for clients facing complex immigration status issues. Our services are rooted in statutory interpretation, policy analysis, and procedural fairness principles, ensuring each submission is aligned with Canadian immigration law and jurisprudence.

Restoration of Temporary Resident Status

Governing Law: Section 182 of IRPR

A foreign national who has lost temporary resident status as a worker, student, or visitor may apply for restoration within 90 days of loss, provided they have not violated other conditions of their stay. Restoration is a discretionary remedy, and the onus lies on the applicant to demonstrate continued eligibility and valid reasons for non-compliance.

We assist in:

  • Preparing legally compliant restoration applications
  • Drafting statutory declarations and supporting explanations
  • Demonstrating continued eligibility and intent to comply with IRPR
  • Ensuring procedural timelines and evidentiary requirements are met


Failure to restore status within the prescribed period may render the applicant inadmissible or subject to enforcement proceedings.

Temporary Resident Permits

Governing Law: Section 24(1) of IRPA

A Temporary Resident Permit (TRP) allows a foreign national who is inadmissible or without status to enter or remain in Canada if their presence is justified by compelling circumstances. This is a highly discretionary remedy and is granted only where the benefits of granting entry outweigh the risks to Canadian society.

Grounds for TRP consideration include:

  • Expired status or unauthorized stay
  • Inadmissibility (criminal, medical, misrepresentation, etc.)
  • Humanitarian or public policy considerations


Our office prepares robust TRP applications supported by:

  • Legal submissions referencing applicable case law and IRCC policy
  • Evidence of compelling need, establishment in Canada, and mitigating factors
  • Detailed documentation addressing the purpose, necessity, and proportionality of the request
Procedural Fairness Letter (PFL) Responses

Governing Principle: Procedural Fairness Doctrine under Canadian Administrative Law

A Procedural Fairness Letter (PFL) is issued by IRCC when concerns arise regarding an applicant’s eligibility, admissibility, or compliance. It is the applicant’s legal right to be heard before a final decision is rendered. A failure to respond adequately may result in a refusal, finding of inadmissibility, or enforcement action.

Common triggers for PFLs include:

  • Alleged misrepresentation under section 40 of IRPA
  • Criminality or medical inadmissibility
  • Concerns about genuineness of relationships or job offers
  • Status violations or discrepancies in supporting documents

 

We provide:

  • Timely legal responses supported by statutory interpretation and case laws
  • Drafting of sworn affidavits, legal rebuttals, and clarifying submissions
  • Procedural reviews to identify IRCC errors or breaches of fairness
Inadmissibility Matters

Relevant Provisions: IRPA ss. 34–42

A foreign national may be declared inadmissible for a range of legal grounds, including:
  • Section 36 – Criminality or Serious Criminality
  • Section 38 – Medical Inadmissibility (excessive demand)
  • Section 39 – Financial Inadmissibility
  • Section 40 – Misrepresentation
  • Section 41 – Non-Compliance with IRPA
  • Section 42 – Inadmissible Family Members

Inadmissibility findings carry serious legal consequences, including denial of entry, loss of status, removal orders, and future bars to re-entry.

We provide legal support through:
  • TRP applications as a temporary remedy
  • Written submissions requesting exemption or reconsideration
  • Legal rebuttals supported by Federal Court jurisprudence
  • Preparation for alternative remedies, including Humanitarian & Compassionate applications

Protect Your Legal Rights – Act Without Delay

Immigration status issues require timely legal action and precisely framed submissions. Whether you are facing a status lapse, a PFL, or an inadmissibility finding, early intervention significantly improves your chances of relief.

At VM Immigration Services, we are committed to representing your case with the utmost professionalism, legal integrity, and attention to detail. Every application is reviewed in light of applicable statutes, regulations, and current legal precedents.

Contact us today for a confidential consultation. Let us assist you in restoring your legal standing and protecting your future in Canada.

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