The No Further Stay Waiver is a critical document in Canadian immigration practice, typically used when temporary residents enter Canada for specific, time-limited purposes such as temporary work, study, or business visits. This document is particularly important in situations where immigration authorities or sponsors need additional assurance of the temporary nature of the stay. The waiver includes detailed information about the approved duration of stay, explicit acknowledgment of the obligation to depart, and consequences of non-compliance. It operates within the framework of Canadian federal immigration laws and may be required by Immigration, Refugees and Citizenship Canada (IRCC) in certain visa categories or special circumstances. The document helps maintain the integrity of temporary residence programs while providing clear documentation of the temporary resident's understanding and acceptance of their status limitations.
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1. Parties: Identification of the individual signing the waiver and any other relevant parties (e.g., immigration authorities, sponsors)
2. Background: Context of the temporary stay, purpose of visit, and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used in the document including 'stay', 'temporary residence', 'extension', etc.
4. Duration of Stay: Explicit statement of the approved length of stay and end date
5. Waiver Declaration: Core section where the individual explicitly waives their right to apply for any extension or change of status
6. Acknowledgments: Individual's confirmation of understanding the implications of the waiver
7. Legal Compliance: Commitment to comply with all Canadian immigration laws and departure requirements
8. Consequences of Breach: Clear statement of consequences if terms of the waiver are violated
9. Governing Law: Specification that the agreement is governed by Canadian federal law and applicable provincial laws
10. Execution: Signature block and witnessing requirements
1. Employer/Sponsor Obligations: Required when the stay involves employment or sponsorship, outlining specific obligations and acknowledgments
2. Translation Certificate: Required when the signatory's primary language is not English or French
3. Special Conditions: Used when there are specific conditions attached to the temporary stay
4. Release of Claims: Optional broader release of claims related to the temporary stay
5. Independent Legal Advice: Confirmation of receiving or waiving independent legal advice, recommended for enhanced enforceability
1. Schedule A - Visa Documentation: Copies of relevant visa documents and temporary residence permits
2. Schedule B - Terms of Stay: Detailed conditions and restrictions of the temporary stay
3. Schedule C - Contact Information: Comprehensive contact details for all relevant parties
4. Appendix 1 - Declaration Form: Standard form confirmation of understanding and acceptance of waiver terms
5. Appendix 2 - Departure Plan: Details of planned departure arrangements and confirmation of understanding regarding departure obligations
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