Immigration non-compliance

Overview

Immigration non-compliance

Immigration non-compliance can include overstaying, unauthorized work or study, breaching permit conditions, failing to appear or not meeting a statutory obligation. The response depends on status and how the issue is discovered.

Identify the exact condition and dates

Read the permit, decision and regulations in force during the conduct. Determine when status ended, what activity occurred and whether a timely extension created maintained status.

A SIN, school admission or employer instruction does not create authorization.

Stop an ongoing breach

Continuing unauthorized activity can worsen the record. Restoration may be available to some temporary residents within 90 days, but it normally does not permit work or study while pending.

After that window, departure may be required.

Disclose the history accurately

Later applications ask about overstays, refusals and unauthorized activity. Explain the chronology and corrective steps rather than omitting it.

False denial can add misrepresentation to the original violation.

Prepare for enforcement

CBSA may write a section 44 report leading to a removal order, with procedure depending on the allegation and person’s status. Some orders can be appealed and others take effect quickly.

Obtain copies of every notice and attendance requirement.