Restoration status
Restoration Status
One thing scarier than having your visa refused when you’re abroad is losing your immigration status while in Canada. Immigration law is complicated and nuanced, and building a life in a new country takes a lot of energy, which is why many people choose to take some of the stress away by retaining an immigration consultant.
The truth is, you could be the most careful person in the world, yet lose your status because of a mistake, forgetting to apply before your status expires, or your application being rejected by the immigration officer.
However, it does not have to be the end of your immigration journey – IRCC have a solution called restoration of status.
Restoration of temporary resident status is an application you can file within 90 days of losing your status as a visitor, student, or worker in Canada. In most cases, you can apply if you can prove that you are a genuine temporary resident, and you meet all of the conditions of the class of your application. For example, if you’re a student who overstayed, you can apply to remain as a student provided that you have not completed your studies. If you are a student applying to become a worker, you need to meet the requirements of that application just like you would if you did not lose your status.
Restoration Status
You may be unable to apply if you are inadmissible to Canada, you’re a student who is not enrolled at a Designated Learning Institution, or you worked or studied without authorization.
A restoration application can be done online, and processing times fluctuate between several weeks to several months. The current cost of the application is $200 for visitors. However, if you’re restoring your status as a student or a worker, you will have to add the cost of the work or study permit on top of the $200 restoration fee.
Waiting for your restoration application is different from having implied status. You have to stop working and/or studying immediately and wait until a decision is made on your application. The only individuals who can continue studying while they are waiting for a decision on an application to restore their status are minor children. You also have to stay in Canada while your application is being processed.
If your application is approved – congratulations – you can resume studying or working. Unfortunately, if your application is refused, you will have to leave Canada immediately.
This summer, Canada will be introducing exit controls, which means CBSA will know if you left the country or not. Therefore, in order to ensure you have good immigration history, you must comply and leave the country if ordered to do so.
Fortunately, a refusal does not ban you from re-applying, unless the letter from the immigration officer specifically says so. So, if you’re still determined to return to Canada, contact our team of registered immigration consultants to find out about your options, or get help filing your application.
Regards,
International Experience Club ( Restoration status)
