If the temporary status (for instance, study permit, work permit, visitor visa) of an applicant in Canada has expired and they have not yet applied for an extension before the expiration date, then they must apply to restore their status within 90 days of the expiry date (under section 182 of the Immigration and Refugee Protection Regulations, IRPR) if they want to stay in Canada. This process is called as 'restoration of status'. As per the IRPA, when a temporary resident stays longer than the duration of their permitted stay, or if they engage in a job or study that is not approved, or provide incorrect information, then they may lose their status.

Requirements

-        The application must be made within 90 days of losing status.

-        The applicants must meet the initial requirements for their stay, and remain in Canada, until a decision is made.

-        The applicant must not have failed to comply with any condition automatically imposed by regulation or by an officer.

-        If an applicant has been issued a removal order by the Canadian immigration authorities, then the restoration of status is not available to them.

Process

-  The requisite form must be filled depending upon the initial status (visitor, student, worker).

-  The application must be supported by proof of initial status, explanation of losing the status and (if) the conditions were not complied.

- The explanation must include plausible explanation, and may mention any unforeseen circumstances that may have led to overstaying or reasons for not complying the permit terms.

-     Once the application is submitted, the applicants can stay in Canada until a decision is made. However, they are not permitted to study or work during this duration.

Fees

-     A fee of CAD 200 is to be paid at the time of submission of the application along with the specific permit fee that they are requesting, unless they are fee exempt.

It is essential to note that restoration of status does not necessarily extend the stay duration, beyond what was originally authorized.

 

Disclaimer: Please note the policies and the regulations are subject to change. The information provided in this article is intended for general guidance and may not reflect the most current legal developments at the time of your application. If you intend to seek personalized advice and guidance pertaining to your application, feel free to reach out to us at below details:

Email: info@visavicanada.com / visavicanada@gmail.com

Website: www.visavicanada.com

Phone: +1(226)-966-4658

VisAvi Immigration Inc.