Status Restoration in Canada
If you are a temporary resident in Canada (such as a visitor, student, or worker) and your status has expired, you may still have the opportunity to restore your status and continue your stay in the country. The process of status restoration is an essential provision under Canadian immigration law, allowing individuals to regain their legal status within a specific timeframe after their status has lapsed.
What Is Status Restoration?
Status restoration is the process by which a temporary resident in Canada can apply to have their legal status restored after it has expired. This option is available to those who meet certain conditions and act within a limited time period after their status has expired. Restoration allows you to stay in Canada legally and continue your activities, such as studying or working, once your status is restored.
Who Needs to Apply for Status Restoration?
You may need to apply for status restoration if:
- Your work permit, study permit, or visitor status has expired.
- You did not apply to extend your status before your permit or visa expired.
- You are still within the 90-day period following the expiration of your status.
If your status has expired and you fail to apply for restoration within the 90-day period, you will lose your temporary resident status in Canada and may be required to leave the country.
Eligibility for Status Restoration
To be eligible for status restoration in Canada, you must:
- Submit Your Application within 90 Days: You must apply for restoration within 90 days of the expiration of your status.
- Meet the Conditions of Your Previous Permit: You must demonstrate that you complied with the conditions of your previous permit or visa. This includes following the terms of your study, work, or visitor status.
- Provide a Valid Reason: You should provide a valid explanation for why you did not apply to extend your status before it expired.
- Remain in Canada: Restoration can only be applied for if you are physically present in Canada. If you have left Canada, you will not be eligible for restoration and will need to apply for a new permit or visa from outside the country.
- Pay the Required Fees: You must pay the restoration fee in addition to the regular application fee for a new permit or visa.
How to Apply for Status Restoration
The process for applying for status restoration involves several key steps:
- Determine Your Eligibility: Ensure that you meet the eligibility criteria for restoration, including being within the 90-day window after your status expired.
- Complete the Application: Fill out the appropriate application form for the type of status you wish to restore (e.g., work permit, study permit, visitor visa). Indicate that you are applying for restoration of status on the form.
- Gather Supporting Documents: Collect all necessary documents, including proof of your previous status, a valid passport, proof of financial support (if applicable), and a letter explaining why you need to restore your status.
- Pay the Fees: You will need to pay the restoration fee in addition to the fee for the new permit or visa application.
- Submit the Application: Submit your application online through your Immigration, Refugees, and Citizenship Canada (IRCC) account. Make sure to submit it before the 90-day period expires.
- Await a Decision: IRCC will review your application and notify you of their decision. If approved, your status will be restored, and you will receive a new permit or visa.
Important Considerations
- No Legal Status During Processing: While your restoration application is being processed, you do not have legal status in Canada and must cease any activities (such as working or studying) until your status is restored.
- No Guarantee of Approval: Applying for restoration does not guarantee that your status will be restored. IRCC may refuse your application if you do not meet the eligibility requirements or if they determine that you have not complied with the conditions of your previous permit.
- Act Quickly: It is crucial to act as soon as you realize your status has expired. Delaying the restoration process can lead to more complex legal challenges and the potential need to leave Canada.
Why Choose Precious Immigration for Your Status Restoration Application?
Navigating the status restoration process can be stressful and complex. Precious Immigration offers expert guidance to help you:
- Understand Your Options: We provide personalized advice on whether you qualify for status restoration and what steps to take.
- Ensure Complete Applications: Our team will help you gather the necessary documentation and prepare a thorough application, increasing your chances of approval.
- Navigate Legal Complexities: We stay up-to-date with the latest immigration laws and policies, ensuring that your application meets all requirements.
For assistance with your status restoration application or to discuss your specific situation, contact Precious Immigration for a consultation today.