Categories: Immigration Blog

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.

Akrami and Associates

With Akrami and Associates, there is always a way. Restoration of Status is confusing as it has many different requirements, making it very difficult to attempt to complete on our own. It is recommended to seek the experienced and skilled assistance of a immigration professional. The representatives at Akrami and Associates have assisted many clients with successful applications. Contact us today 416-477-2545 info@thevisa.ca

Taaha Malik BA (Hon) J.D.

Taaha is a barrister and solicitor licensed by the Law Society of Ontario. She completed her Bachelor of Arts in Criminology and Socio-Legal Studies from the University of Toronto. After completing her Bachelors Taaha moved to New York and obtained a Juris Doctorate from New York Law School. During law school Taaha continued to work and gain experience in different areas of law in New York. She worked in Financial Services, Commercial Business, Real Estate, Civil Litigation, Family Law and Immigration. Through the various experiences Taaha always felt more fascinated by and attracted to the field of immigration law. Once she completed her JD, Taaha moved back to Toronto and began working in immigration law at Deloitte. While working full time she completed the requisite credentials to sit for the Ontario bar and was also selected to complete her Ontario Articling with Deloitte. Taaha was successfully called to the Bar of Ontario in June 2019. During her tenure at Deloitte, Taaha provided Global and Canadian Immigration services to employees of major multinational companies. She acquired familiarity and knowledge of the immigration rules and regulations of various countries across the globe. She became proficient in providing wide range of Canadian permanent and temporary immigration services. Taaha’s extensive experience in the realm of immigration law allows her to deliver excellent candid service to her clients. She understands the individual client’s needs and requirements and is always on the Clients’ side. Taaha is fluent in Urdu, Punjabi and Hindi. Outside of law, her interests include reading – non-fiction and current affairs, travelling, community service and volunteer work and she is an avid rollerblader and hiker.