Non-Compliance Under Section 41

Section 41 of the Immigration and Refugee Protection Act deals with failing to follow immigration rules. A breach raises an inadmissibility concern, meaning a legal barrier to an immigration approval.

Your permit has an expiry date and conditions. You also need to follow the rules attached to your stay in Canada. A permanent residence (PR) application doesn’t protect your temporary status. While you wait for a PR decision, check what gives you permission to stay, work, or study.

For visitors, students, and temporary workers. Your expiry date, activities, and immigration history all matter. Here are some situation that help you to understand:-

Why your expiry date is not enough

A breach of a permit condition and loss of status aren’t always the same event. Officials need to review the applicable rules and facts. Some events also make a permit invalid before the printed expiry date.

·      Changing employers

Aman’s work permit names Employer A. Employer B offers him a job. Aman shouldn’t start the new job based only on the offer. He needs the required work permit or separate authorization first.

·      Stopping studies

Sara’s study permit expires next year. She skips a semester to work and has no approved leave. Her future expiry date doesn’t excuse failing to pursue studies. Her work rights also need review. If she stops enrolment at the school named on her permit without completing her studies, her permit also becomes invalid.

Students generally must stay enrolled and keep studying. Certain approved leaves of up to 150 days follow different rules. An approved leave generally doesn’t allow work.

·      Overstaying as a visitor

John’s visitor visa expires in 2030, but her visitor record ends on November 30, 2026. The visa doesn’t extend her stay. If she wants to stay longer, she needs an appropriate extension before her status expires.

Extensions refusals and permanent residence

·      Maintained status

If you submit a qualifying extension before your status expires, maintained status generally lets you stay while Canada’s immigration department, IRCC, decides your application.

Your right to work or study needs a separate check. Workers who qualify to keep working must stay in Canada and follow their original permit conditions.

·      Changing from worker to visitor

Harpreet’s work permit expires on June 30. He applies for a visitor record before this date. His qualifying application generally protects his stay while IRCC processes the request. He must stop working when his work permit expires unless another authorization applies.

·      What happens after an extension refusal

If your original status has expired and maintained status supplies your only permission to stay, an extension refusal ends this protection on the decision date. Your continued work authorization also ends.

Daniel’s work permit expires on June 30. He applies for an extension on June 15. IRCC refuses the application on August 20. Without another authorization, he must stop working on August 20 and review his next steps.An application returned as incomplete also needs review because IRCC treats the application as never submitted.

·      Why a PR application does not give you status

A PR receipt or acknowledgment doesn’t grant temporary status or permission to work. IRCC generally checks admissibility before approving PR. Non-compliance puts your application at risk, even if you meet the program’s other requirements.

·      When to review restoration

Restoration means asking IRCC to give you temporary resident status again. Under the ordinary rules, eligible applicants must apply within 90 days of losing status. Restoration doesn’t fix every breach. Students who don’t follow enrolment and study conditions aren’t eligible for restoration as students under the ordinary rules.

What to do if you suspect a problem

• Check your permit conditions, expiry dates, and decision letters.
• Stop any work or study which you no longer have permission to do.
• Gather your permits, application records, school letters, and employment records.
• Review your status, deadlines, and options with a licensed representative.