Restoring Your Status With Immigration Canada

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Restoring Your Status With Immigration Canada

Every year, many people forget to renew, extend or update their legal status to remain in Canada. Missing one of these key deadlines may result in deportation. If you miss a deadline, options still exist to ensure that you remain in Canada legally. The immigration lawyers at Kahane Law Office help clients with applications for the restoration of status with immigration Canada.

What Is A Restoration Of Status?

If a visitor, worker, or student loses their status in Canada, the ability exists to apply to restore their status.  Such applications are referred to as “restoration applications.”  A restoration of status is needed by any individual who allows their temporary permit to expire before submitting a new application, but still would like to remain in Canada.

With respect to a restoration application, Section 182 of the Immigration and Refugee Protection Regulations provides that:

  1. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.

Eligibility For Restoration Of Status

  1. Your temporary resident status expired, or you failed to abide the conditions imposed on your visitor, work or study permit.
  2. Apply within 90 days of the expiry date of your visitor, work or study permit. If it has been longer than 90 days, unfortunately you are ineligible.
  3. You have complied with all the other conditions on the original permit.
  4. You must physically be inside Canada.

Restoration Applications For Revoked Student Or Work Permits

If a student permit or work permit was revoked then you may make a restoration application. If you work permit or study permit have been revoked because you violated the condition to only work for the employer listed on the permit, or, you have changed your program of study or school from the one listed on your study permit, you can apply to restore your status on the new conditions of your permit. Though, it is important you did not violate any other conditions of your previous work or study permit.

How To Apply For A Restoration Of Status

You must complete an application package. You must provide full explanation and details of how you came to overstay your stay in Canada or, fail to abide the specific conditions of your permit and you must pay require fees for both the restoration of temporary resident status and a new permit.

When applying for restoration, you need to prove to an immigration officer you did not intend to violate the conditions of your temporary permit initially, and you will continue to abide the conditions of your permit.

What Happens After Applying For A Restoration Of Status

Once you submitted your application, you regain the ability to remain in Canada, but you no longer retain permission to work or study while the government processes your application.  Restoration of status is a completely different concept than “Implied Status”.

Status After A Restoration Application

The answer is NO.  Implied status is not the same as restoration of status. If you fail to apply for a new permit before your visitor, work or student permit expires, you will not be on implied status. When you are applying for restoration of status, you essentially have lost your status, and you are trying to restore it. As a result, you will not have the authorization to continue working or studying.

Immigration Lawyers For Restoration Of Status

Restoration of status can be a confusing and an overwhelming application. We strongly recommend that you seek out a professional and experienced lawyer to assist you your Restoration of Status.

At Kahane Law, we have a team of experience immigration professionals ready to assist you with a Restoration of Status. reach us anytime at our Edmonton immigration law office at (780) 571-8463 or in Calgary directly at (403) 225-8810. or reach us toll-free at 1-877-225-8817. You can also email us directly at [email protected].