- Annu Malhi
- 2024/09/24
RESTORATION OF TEMPORARY STATUS
Introduction
We live in an era where every individual is dealing with and handling multiple responsibilities. Sometimes, due to being over-occupied and unorganized, people tend to miss some deadlines such as making timely payments and renewing subscriptions.
Now just imagine, if a Foreign National (FN) forgets about renewing their Temporary Status in Canada because they missed the deadline, forgot, didn’t even know that they were required to have their status renewed, or might have relied on the fact that their other application will be processed but was returned without being submitted due to missing documents. Isn’t that scary….. Yes, it is …
IRCC has some provisions for the restoration of the lost status. In the below article, I will explain all the relevant factors for Restoration.
What is the General meaning of restoration……?
Restorations means bringing back to a former position or condition.
In a similar way, restoration in Immigration means bringing back the Previous temporary status.
Restoration can only be done to status and authorization to one they held immediately prior to the loss of status
i. Student who lost their student status can only apply to restore temporary resident status with authorization to study.
ii. Worker who lost their worker status can only apply to restore temporary resident status with authorization to work.
When and how can a foreign national lose their temporary status
Situations when FN lose their temporary status.
- lost their status as per section 47 of the Immigration and Refugee Protection Act [IRPA]) or
- let their authorization to work or study expire.
What can a FN do when their temporary status is lost/ expired
In such cases, FNs may apply to restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR).
Eligibility Criteria
Who Can apply:
Foreign National (FN) who have lost their status only because they have failed to comply with any of the below conditions imposed by an officer can apply for Restoration.
- The period authorized for their stay (IRPR paragraph185(a)). - means they stayed beyond their Authorised period of stay
- The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the type of work, employer, location of work subparagraphs R185(b)(i) to (iii)
- The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the type of studies or course, educational institution, location of the studies, times and periods of the studies paragraph R185(c)
Timeline
The applicant must apply within 90 days of having lost their status.
Other Requirements
- meet the initial requirements for their stay
- remain in Canada until a decision is made
- have not failed to comply with any condition imposed automatically by regulations [R183] or by an officer [R185]
- continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable-
-not be the subject of a declaration under subsection A22.1(1) of IRPA which is based on any public policy considerations.
Restoration Fees
FNs applying for restoration must pay all the corresponding fees.
- FN applying to restore as a temporary resident must pay only the restoration fee.
- If the FN also requires a work or study permit, they must pay the cost for each permit in addition to the fee for restoration, unless they are otherwise exempt.
Visitors Restoration = $229
Restoration + Study Permit = $379 ($229 + $150)
Restoration + Work Permit = $384 ($229 + $155)
Other Relevant Points to note:
1. Foreign nationals may not continue to work or attend school until their status and authorization have been restored and a new work or study permit has been issued.
2. Restoration of status cannot be granted at the port of entry. If a foreign national leaves Canada, they will be deemed to be seeking a new entry on their return.
3. As per Section 182(2) of IRPA, an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).
4. Temporary resident permit (TRP) holder who has let their permit expire is not eligible for restoration. They must submit an application for a new TRP.
For further information, you can contact Hydrangea Immigration Inc.
Call : +1-403-700-0900
Email : [email protected]
Website : www.hydrangeaimmigration.ca
Links and References
https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/index.html
https://laws-lois.justice.gc.ca/eng/acts/I-2.5/index.html
