Restoration of Status
If a foreign national has lost their status in Canada as they have failed to apply to extend their temporary status before it expired, be it as a visitor, student or worker, they may be eligible to restore their status.
In order to qualify for restoration of a status, a foreign national must:
- Apply within 90 days of losing their status:
- Within 90 days of the expiry of their status document; or
- Within 90 days of receipt of the refusal of their application for extension of their status;
- Still meet the initial requirements of their stay;
- Not have failed to comply with any other conditions. For example, must not have worked or studied without authorization; and
- Demonstrate that they are a genuine temporary resident and, if required, will depart Canada at the end of their stay.
A foreign national is not eligible for restoration of status if more than 90 days have passed since the expiry of their temporary resident status document or since the date of receipt of the refusal on their application for extension of status.
A foreign national can only apply for restoration of status while in Canada. If they apply for restoration of status, and subsequently leave Canada, the restoration of status application will be refused. As processing times can be long for a restoration of status application, if a foreign national does not require a visa to enter Canada, it may be quicker to apply for a new status document at the port of entry.
If a foreign national has lost their status in Canada and has applied to restore their status, they may not work or study until they receive a positive decision on their application. For this reason, it is of vital importance that one is conscious of the validity date and the conditions attached to their temporary residence document, as to ensure that they remain in status to be able to continue to work in study in Canada.