There are a lot of people in Canada who are unsure of their legal status when they have an appeal on immigration pending. Waiting takes too much time and may be stressful with questions of whether they are going to be able to proceed living, working, and studying in the country. It is important to know what you are able or not to do in this period in order not to lose your legal status and not to get into any unnecessary troubles with immigration authorities.
Filing an appeal does not necessarily allow one to stay in Canada. Individual case review is applied, and the possibility of remaining often varies according to the nature of a case, the initial ruling, and the immigration category of an applicant. It is important to know how to work in this scenario with legal accuracy to make sure that you are not going against the Canadian immigration rules to protect your future as a Canadian citizen.
Understanding Legal Status During an Appeal
In appealing an immigration decision, the initial process is to know whether you have the right to remain in Canada in the process of review. The Immigration Appeal Division (IAD) or the Federal Court, in most instances, does not expel appellants but permits them to stay in the country until a final ruling is arrived at. But as with exceptions, there are also exceptions to the rule in uncommon cases among those with serious legal or criminal matters in which they may not be admissible. This should be done as soon as you have filed your appeal to ensure that you do not accidentally enter into the immigration law.
It is important to keep your temporary resident status as your appeal is pending. This implies that you have to make sure that your visa, work permit, or work-to-study authorization does not run out during the time between appeals. In case your papers are about to run out, then you should seek an extension in good time. Application of extension could enable you to remain in Canada under implied status, which implies that you are legally able to stay until the immigration officers decide on your application to apply for extension.
The Role of a Legal Representative
Having a competent Toronto immigration lawyer would significantly increase your likelihood of remaining legally in Canada throughout your appeal. A lawyer can assist you in knowing what rights you possess in your case and can also talk to the immigration authorities directly on your behalf. They too can make sure that your appeal is duly recorded, and with this, there are chances that you will be granted a chance to wait in Canada until a ruling is made.
Another service of a lawyer is that he/she act as a counsel who guides you to avoid mistakes that might compromise your case. An example is failure to meet the deadlines, filling out the forms not fully, or misinterpreting the instructions about the appeals, which may result in your being kicked out of Canada. Legal advisors may assist in controlling such risks by advising you during every step of the procedure, preparing for hearings, and ensuring that your paperwork is clean and updated.
Practical Steps for Staying Legally in Canada
Contact with either the Immigration and Refugee Board or the Federal Court, processing your case, can be considered one of the most viable steps to remaining legally present in Canada, should you have put forward an appeal. Having your contact information updated will make sure you do not miss any correspondence, such as hearing dates and getting requests to provide other information. Delay in responding may be disastrous or even have your appeal dismissed.
You are also to make sure that you adhere to all the terms of your stay. An example is that when you are employed, you have to maintain a valid work permit, and when you are a student, you have to maintain an active enrollment status. Any violation of the terms of immigration may damage your petition and result in enforcement measures. Organizing your paperwork and keeping up with your current status helps you to be in compliance and also safeguard your right to remain in the country.
Financial Stability During the Waiting Period
As your appeal is pending, you need to have a financial plan for what will happen if you remain in Canada. Depending on the case and the public or the number of cases that the tribunal has, it might take months or even years to decide on the appeal. During the wait, you will have to take into consideration the cost of food, transport, health, and rent. Still, keep working legally and living financially independent, as this will show your desire to be stable in Canada.
You might have to find assistance in the family or any community organizations in case you cannot work until your appeal is decided. Immigrant aid groups are also available in Canada in a number, and these give guidance, housing, and legal referrals to those awaiting immigration judgments. Proving financial readiness may also hold power in your case by proving that you can sustain yourself as you stay in the country.
Staying Informed and Prepared
In the progress of your appeal, you should keep track of the developments of your case and modifications in immigration policies. The laws of immigration can vary regularly, and new policies can also influence your eligibility or the terms of your residence. Keeping in touch with your legal representative and being updated with the latest official news is the way to have the knowledge to know about any recent changes that may affect your case.
It is also possible to make a difference by maintaining a positive and active attitude throughout the process. The wait to get the decision on an immigration appeal as an immigrant can be emotionally stressful, yet with adherence to the law, financial responsibility, and legal advice, you can be legally residing in Canada until you get a decision on your appeal. You can make such a period useful by planning your further actions, it may be further education, employment, or a better position to obtain a permanent residence in the future.
