Consulting Experts
Overview
Sometimes temporary residents in Canada may accidentally allow their visa, study permit, or work permit to expire. When this happens, they lose their legal status in the country. However, Canadian immigration rules allow certain individuals to apply for restoration of status, which means they can request permission to regain their temporary resident status.
Restoration must be requested within a specific time limit and the applicant must meet certain conditions. It is important to understand that a person can only restore the same status they had before it expired. For example, a student who lost their study permit status cannot apply to restore their status as a worker directly.
What is Restoration of Status
If a temporary resident loses their status in Canada or their permission to study or work expires, they may apply to restore their status under the immigration rules. However, restoration only allows a person to regain the same type of status they had before. For example: A student must restore their status as a student A worker must restore their status as a worker A person cannot change their status directly during restoration if they previously held a different authorization.
Eligibility Requirements for Restoration
To apply for restoration of status, the applicant must meet certain requirements. The applicant must: Apply within 90 days of losing their status Meet the original requirements of their previous permit Remain in Canada while waiting for the decision Follow the conditions given by immigration regulations or officers If these conditions are not met, the restoration request may be refused.
Possible Restoration Scenarios
A foreign national can only apply to restore the same status they held immediately before losing their status. Students A temporary resident who had a study permit and lost their status can apply in Canada to restore their temporary resident status and study permit. Students may also apply for a work permit if they qualify for the work permit program they are applying for. Important points: Apply for restoration within 90 days Apply for a new study permit Pay the required restoration and permit fees Workers A temporary resident who had a work permit and lost their status can apply for restoration of their status and permission to work. This must also be done within 90 days of losing their status. Workers may also apply for a study permit at the same time if they meet the requirements. Key points: Apply within 90 days Apply for a new work permit Pay the required application and restoration fees Visitors A visitor who has lost their legal status can apply to restore their temporary resident visitor status. If they qualify, they may also apply for a study permit or work permit while restoring their status. Important note: Fees for the study or work permit must be paid in addition to the restoration fee, unless the applicant is exempt.
Temporary Resident Permit (TRP) Holders
People who hold a Temporary Resident Permit (TRP) and allow it to expire cannot apply for restoration. Instead, they must submit a new application for a Temporary Resident Permit.
Licensed Representative
Name: Sanjay Singh (CEO – RCIC)
Designation: Regulated Canadian Immigration Consultant (RCIC)
Regulator: College of Immigration and Citizenship Consultants (CICC)
License verification is available through official CICC Public Register.
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