Restoration of status for Immigration
It is common that foreign nationals who are visiting, working or studying in Canada want to stay longer than originally intended authorized stay. If you are looking to extend your stay in Canada, you will need to undergo a restoration of status. To learn more about what restoration of temporary resident status, eligibility requirements and how to apply continue reading below.
What is restoration of status?
As a temporary visitor in Canada, whether studying, working or just visiting, you have an authorized length of time. When the authorized amount of time is coming to an end and you wish to stay longer, you must apply to restore your status within 90 days of the expiry date of your Temporary Resident Visa. This process is known as “restoration of status”
Important note: Implied status is not the same as restoration of status. You must apply for a new permit before yours expires. If not you will not be on implied status but rather you need to apply for a restoration of status.. A restoration of status is needed by anyone who allows their permit to expire before submitting a new application but would still like to remain in Canada.
Eligibility for Restoration of Status:
Before applying for restoration of status, your temporary resident visa will have had to expire. If you have failed to abide by the conditions of your work or study permit, you are eligible to apply. You must have violated the condition to only work for the employer listed on your work permit, or have changed the program of study or educational institute from the one listed on your study permit. It is important that you did not violate any other conditions of your temporary permit. You are eligible to restore your status within 90 days of the expiry date on your Temporary Resident Visa. If it has been longer than 90 days, you are not eligible.
How can I apply for Restoration of status?
To apply for restoration of status, you must physically be inside Canada. When applying for restoration, you must complete the application package, making sure that you check off both the sections for the type of permit you wish to get and the box that indicates you are applying for restoration. You must provide in detail how you did not abide by the conditions on your original permit and how you will abide by further conditions. Documents that must be included in your application include:
- New job contract with either
- Labour Market Impact Assessment (LMIA) if the job needs one
- Offer of employment number, if the job does not require a LMIA
- Proof of fees paid for both the restoration of temporary resident status and a new work or study permit
After applying for restoration of status:
Once your application has been submitted, you are permitted to stay in Canada but not permitted to work or study. If you have applied to renew your work or study permit before the expiration date, you are under implied status and are able to continue to work or study until a decision is made. Restoration of status is different. When you are applying for restoration of status, you have essentially lost your status and are trying to restore it.
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