Restoration of Status Canada

Restoration of Status Canada

Canada is an attractive country for foreign citizens due to many reasons – people come here to pursue high-quality education, work as specialists, or learn the culture. However, all foreigners need to have valid temporary resident status during their stay in Canada. And before its expiry date, they need to apply for an extension of the temporary status in Canada if they want to stay longer. Though, sometimes, people fail to do so and then must apply to restore their status within 90 days of the expiry date (if they want to stay in Canada). 

If you need to extend your stay, you have to apply for the restoration of your status in Canada within 90 days of your temporary status expiry date. Remember, you can lose your status in Canada if you do not apply for a status extension before its expiry date.

 

 

Eligibility for the Restoration of Status in Canada

You may apply for the restoration of status in Canada if you meet these requirements:

1. You lost the temporary resident status because you stayed in Canada longer than you were authorized to stay, but not longer than 90 days.
2. You changed a place or type of work before getting a new work permit.
3. You changed the educational institution, type of study program, or time of study without applying to change these conditions on the study permit if they were indicated on your study permit.
4. You meet all requirements for your stay in Canada and comply with all other compulsory conditions.

It should be noted, that you can stay in the country after you apply for the restoration of status in Canada. However, you are forbidden to work or study in the country until your application has been approved.

Documents You Need to Apply for the Restoration of Status in Canada

You can apply for restoration of status in Canada online. In your application for the restoration of status in Canada, you must describe all the facts and circumstances of why your status is expired.

There are certain documents you need to provide in your restoration of status in Canada application. These include a photocopy of your passport (photocopy of your travel identity or other documents if you have not used the passport to enter Canada), photocopy of the work or study permit, photocopy of your marriage license or certificate (if you are married), documents that show your current financial status, and receipts of the restoration fee payment.

It is important to restore the status within 90 after the expiry date. Your status becomes lost on expiry of the period of legal stay or if an officer determines that you have violated one or several requirements of the IRPA (Immigration and Refugee Protection Act). According to the IRPA, a foreigner can stay in Canada during the periods imposed by the law of the country. There is no extension of the period of authorized stay if the officer refuses the restoration of status in Canada application. Moreover, a study permit becomes invalid within 90 days after the student completes their study program, and the foreigner loses their status in Canada. Then, you can apply for the restoration of status in Canada or return to your home country.

If your application for an extension of temporary resident status is refused under section R181, you have 90 days from the date of the refusal notice to apply for the restoration of status in Canada. If the officer receives your application for an extension of the temporary resident after the status is lost, the case processing centre refuses your application and informs you that you are eligible to apply for the restoration of status in Canada.

In most cases, you can apply online for the restoration of status in Canada. Consequently, you should follow several steps:

1. You need to sign in to the IRCC Secure Account.
2. You should select the Apply to come to Canada section.
3. Under the heading “Determine your eligibility and apply online,” you need to select a Visitor visa, study or work permit.
4. You should truthfully answer all questions. This information will be used to prepare a document checklist for you.

1. You should select the status which you are restoring when asked what you would like to do in Canada.
2. You need to select Temporary, more than six months or Temporary, less than six months answer when asked how long you are planning to stay in Canada.
3. You need to select the status that you restore when asked about your current immigration status in Canada.
4. If you have an employer-specific work permit and you apply for the restoration of status in Canada as a worker, you need to select Yes when asked if you have a written job offer.
5. You need to enter the expiry date of your status when asked when your status in Canada expires. It is important to mention, that you need to enter the true date if your status expired less than 90 days ago. If your status expired more than 90 days ago, you need to select a date that is within the past 90 days.

1. You need to answer whether you want to apply to restore your status.
2. When the questionnaire is complete, you get the documents checklist. You need to upload all required documents and pay the processing fees.
3. You should follow the online instructions to submit the restoration of status Canada application.

You receive an appropriate permit (work or study permit) or a visitor record when your temporary resident status is restored. Your permit or record will include the conditions of your stay in Canada and its expiry date.

The Process of the Temporary Resident Status Restoration as a Worker with an Employer-Specific Work Permit

You can be eligible to apply for permission to work while you wait for your application to be processed. It can be done if you had a valid work permit a year before the date you submitted the restoration of status Canada application as a worker. Moreover, you need to work at the same occupation and organization that is specified in your LMIA (Labour Market Impact Assessment) or LMIA-exempt offer of employment included in your work permit application.

You need to follow two steps to request consideration for interim work authorization. 

1. You have to complete the IRCC web form. During this stage, you need to fill out the Your enquiry section, copy and paste the text into the web form. You need to make sure that you fill out the sections in square brackets, including the dates, title of your occupation, and name of employer.
2. You should wait for the email. It will inform you that you can start your work while the officer processes your application. If you applied online for your work permit, you should receive the email in 30 business days. However, it may take longer if you applied on paper.

Processing Time and Fees

Processing times for the restoration of status in Canada vary. In general, it can take several months. It is worth mentioning, that in specific circumstances for the citizens of some countries it may be quicker to leave Canada and re-apply for a new permit than to apply for restoration of status in Canada.

Speaking about the processing fees, you should pay the restoration fee of 200 CAD. If you want to restore a study or work permit, you also need to pay the cost recovery fees for each permit. The fee for study permit restoration is 150 CAD, and the fee for the work permit restoration is 155 CAD. In total, you need to pay 350 CAD if you want to restore the status and renew your study permit. If you want to restore the status and renew your work permit, you should pay 355 CAD.

After submitting the application for the restoration of status in Canada, the officer first approves the restoration application and then processes an application for a study or work permit.

 

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