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Restoration of Status

As per Immigration, Refugees and Citizenship Canada (IRCC), temporary residents permitted to enter Canada, can be admitted within three categories: visitors, students, or workers. In all cases, they are regarded as “temporary residents”, and are given temporary resident status for a defined and fixed period of time.

These temporary residents who want to stay longer in Canada for many reasons or who have allowed their visas to expire are technically out of status. Even though the law advocates that they must leave Canada immediately, immigration policy has put together a certain degree of flexibility in their system. 

If they do not extend their visas prior the expiry date on their authorized travel document or permit, they will automatically under a Restoration of their Status.

Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee.

 

Few reasons a temporary resident may have possibly lost status include:

 

  • they are no longer attending college or university for which they received the Study Permit
  • they are no longer working for the employer for whom they received their Work Permit
  • they stayed longer than their authorized stay

 

Implied Status:

Implied Status is when an individual submits their restoration application before the 90 day cut-off mark. In such a case the individual is able to maintain their status until a decision is made on their application. A visitor can continue staying, a temporary worker can continue working and a student can continue studying in Canada until a decision is made on the extension application.

What if 90 day cut-off mark has passed? An individual can still apply for restoration but does not hold an implied status; meaning they cannot work or study in Canada until a decision is made.

 

 

Eligibility to apply for restoration Status, the applicant must:

 

  • Apply within 90 days of having lost their status
  • meet the initial requirements for their stay;
  • have not failed to comply with any other condition (e.g., working without being authorized to do so);
  • meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
  • have lost their status because they have failed to comply with any of the following conditions:
  • Paragraph R185 (a)The period authorized for their stay.

Subparagraphs R185 (b)(i) to (iii) The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the

  • type of work,
  • employer, and
  • location of work.
  • Paragraph R185 (c)The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of studies or course,
    • educational institution,
    • location of the studies, and
    • times and periods of the studies.

 

An individual should depart Canada immediately if they receive negative decision. If they decide to give a blind-eye to the decision and overstay, it could have negative effect in the future. This could end in the individual receiving a departure, exclusion or deportation order.

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