Immigration, Refugees and Citizenship Canada provides a limited mechanism for certain temporary residents in Canada to restore their status after it has expired. Restoration is only available where specific regulatory requirements are met, and applicants must apply within 90 days of losing their status.
Restoration for Students
Temporary residents who were authorized to study in Canada and have lost their status may apply from within Canada to restore their temporary resident status. Where applicable, they may also apply for a new study permit at the same time. Applicants may submit a work permit application with the appropriate fees, but that application will only be processed after the restoration and study permit applications have been determined.
Students are subject to conditions imposed under the Immigration and Refugee Protection Regulations, including those related to actively pursuing studies. A foreign national who fails to comply with study related conditions may be eligible to apply for restoration, depending on the specific condition that was breached.
However, restoration is not available in all circumstances. A foreign national who engages in studies without authorization is not eligible for restoration, as this violates section R183(1)(c). In addition, a foreign national who is not in compliance with the conditions set out in section R220.1(1), including the requirement to actively pursue studies, will be ineligible for restoration.
Restoration for Workers
Temporary residents who were authorized to work and have lost their status may apply from within Canada to restore their temporary resident status. Applicants may submit a restoration application together with a new work permit application. They may also apply for a study permit, although that application will only be assessed after the restoration and work permit applications have been determined.
Workers are subject to employment related conditions under section R185(b). A foreign national who fails to comply with certain employment related conditions may be eligible for restoration, depending on the specific condition that was breached.
However, restoration is not available where there has been unauthorized work. A foreign national who engages in work without authorization is not eligible for restoration, as this violates section R183(1)(b). In addition, a foreign national who fails to comply with conditions under section R185(b)(iv) to (v) will be ineligible for restoration.
Key Considerations
Restoration is only available if the applicant continues to meet the applicable requirements and applies within 90 days of losing their status. Individuals are not authorized to work or study while awaiting a decision on restoration unless separately authorized.
IRCC has clarified that applicants may apply to restore only their temporary resident status without also restoring the authorization they previously held.
Applications for work or study permits submitted with a restoration application will only be assessed after restoration has been approved. Each case is assessed based on the specific facts and the applicable regulatory requirements.
Conclusion
Restoration of status provides a limited opportunity for certain students and workers in Canada to regain their temporary resident status. However, strict eligibility requirements apply. Unauthorized work or study will result in ineligibility, and applicants must apply within the prescribed 90 day period. Careful assessment of compliance with regulatory conditions is essential before submitting an application.
Contact Information
For guidance on restoration of status, study permits, or work permits, professional advice is recommended.
Jain Immigration Law
Phone: +1 (416) 548-5533
Email: [email protected]
Website: www.jainimmigrationlaw.com