Understanding Restoration of Status

Extend your Stay in Canada

Canada is a beautiful country with a superb education system, social welfare system, economic system, extraordinary sceneries for tourism, and many more. Often times, many foreign nationals who visit, work or study in Canada that often find that they want to stay longer in Canada towards the end of their authorized stay. One of the most common reasons is that they have not accomplished everything they intended on doing in Canada and need to extend their stay. If you wish to extend your stay in Canada, you will need to undergo the “restoration of status”. In this article, you will learn what restoration of temporary resident status means, the eligibility for a restoration of status, how to apply for a restoration of status, and other important information about restoration of status.

What is Restoration of Status

As a temporary visitor to Canada, you only have a designated period of time for your authorized stay in Canada. When the designated period is about to be over, you will need to either prepare for your leave, or to restore your status within 90 days of the expiry date of your Temporary Resident Visa. This process is known as restoration of status.

Please note, the implied status is not the same as restoration of status. If you fail to apply for a new permit before yours expires, you will not be on implied status, and rather, you will now have to apply for a restoration of status. A restoration of status is needed by any individual who allows their permit to expire before submitting a new application, but still would like to remain in Canada.

Eligibility for Restoration of Status

Before applying for a restoration of status, you need to have allowed your temporary resident visa to expire. You are also eligible to apply for restoration of status if you fail to abide the conditions of your work or study permit. That being said, you must have violated the condition to only work for the employer listed on your work permit, or, you have changed your program of study or educational institute from the one listed on your study permit. If you do either of these things and consequently have your study permit revoked, you can apply to restore your status on the new conditions of your permit. Though, it is important you did not violate any other conditions of your temporary permit. Next, you are eligible to restore your status within 90 days of the expiry date of your Temporary Resident Visa. If it has been longer than 90 days, you are unfortunately ineligible. Finally, as mentioned, you must have complied well with the conditions on the original permit. Failure to have done so would also result in having your application to restore your status refused.

How Can I Apply for Restoration of Status

You must physically be inside Canada to apply for restoration of status. If you wish to apply for restoration, you must complete the application package, checking off both the sections for the type of permit you wish to acquire, and the box which indicates you are applying for restoration. Then, you must provide full details of how you came overstay the conditions of your permit, or, fail to abide the specific conditions of your work permit. It is also important to note that, you need to prove to an immigration officer you did not intend to violate the conditions of your temporary permit initially, and you will continue to abide the conditions of your permit. Some important documents you must include are:

• a copy of your new job contract and either:

a Labour Market Impact Assessment (LMIA) if the job needs one;

the offer of employment number, if the job doesn’t need an LMIA

• Proof of paid fees for both the restoration ($200CAD) of temporary resident status and a new work or study permit.

What Happens After I Apply for Restoration of Status

Once you submit your application, you are permitted to remain in Canada, but you are not permitted to work or study while you are here. If you had applied to renew your work or study permit before the permit expired, you would have “implied status” and would be permitted to continue your work or you studies until a decision is made about your current application. However, restoration of status is a completely different concept. When you are applying for restoration of status, you essentially have lost your status, and you are trying to “restore” it. As a result, you do not have the authorization to continue with the conditions of your previous permit.

Contact Akrami & Associate

Restoration of status may have many different requirements which may make this type of application confusing, or sometimes, overwhelming. Moreover, the application for Restoration of status can be difficult when you are doing it on your own. As a result, it is highly recommended that you seek out professional and experienced help before attempting to apply for Restoration of status. Akrami & Associates work and have experience with many different immigration issues. We have helped many of our clients to restore their status in Canada. Please feel free to contact Akrami & Associates at 416-477-2545 for more information, or if you would like to book a consultation with an immigration professional for more advise.

With Akrami & Associates, there is always a way!