A temporary resident whose status expired, whether as a visitor, student or worker, can apply to restore their status. The foreign national may apply to restore their implied status to one they held prior to the temporary resident status restoration application.
Can I restore my temporary resident status?
To be eligible for a restoration of status, the applicant must:
Apply within 90 days of losing their implied status
Meet the initial requirements for their stay
Remain in Canada until a decision is rendered
Have not failed to comply with any conditions set out in sections 183 and 185 of the Immigration and Refugee Protection Regulations, except the following:
Period authorized for their stay [section 185(a)]
The work they are permitted to engage in or prohibited from, in Canada [section 185(b)(i) to (iii)]
The studies that they were permitted to engage in or are prohibited from, in Canada [section 185(c)]
Not be the subject of a declaration under section 22.1 of the Immigration and Refugee Protection Act
Continue to meet the requirements of a temporary resident and of the work or study permit
90-day period
The applicability of the 90-day restoration window depends on the foreign national’s situation.
A foreign national who had applied for an extension of their status but was refused:
The 90 days will start from the expiry of status as indicated in the refusal letter
Foreign nationals who applied for an extension of their status, but the application was returned for incompleteness:
The 90 days will start from the original expiry date on the work permit, visitor record, or study permit
A student who completed their program:
If a student completes their studies before the expiry of their study permit, the permit will only be valid for 90 days from the date of completion. As such, the foreign national would lose their status after 90 days.
Am I able to continue working or studying during the restoration period?
Foreign nationals who have applied for a restoration cannot continue to work or study until a positive decision has been made and their authorization to work or study has been restored.
Am I able to leave Canada when my restoration application is pending?
If you leave Canada before a decision is rendered on the restoration application, it will be refused as you are no longer eligible. Furthermore, past non-compliance related to the loss of status can possibly cause issues of inadmissibility when you attempt to re-enter Canada.
What are the restoration government fees?
Applicants have to pay a government fee of $229.00 CAD for a restoration application. Additional fees will be applicable depending on whether the applicant needs a study or work permit application, and to complete biometrics.
Open work permit: $255.00 CAD
Work permit: $155.00 CAD
Study permit: $150.00 CAD
Biometrics: $85.00 CAD
Why should you hire AKM Law immigration lawyers to Restore your Status?
Hiring AKM Law for your restoration application after a refused application is crucial for several reasons. Firstly, our team comprises highly experienced immigration lawyers with a deep understanding of Canadian immigration law, including the intricacies of restoration applications. We specialize in crafting tailored strategies to address the specific reasons for the refusal, and apply for restoration here maximizing your chances of success. Secondly, our personalized approach ensures that we thoroughly assess your unique situation and provide personalized guidance throughout the restoration process. We will work closely with you to gather all necessary documentation, prepare a strong application, and effectively communicate with immigration authorities on your behalf. Thirdly, we prioritize efficiency and timely processing to expedite the restoration of your status, allowing you to resume your activities in Canada without delay. Lastly, our track record of successful restoration applications and satisfied clients speaks to our commitment to achieving positive outcomes. By choosing AKM Law, you are investing in expert legal representation and support to navigate the complexities of the restoration process effectively.
