A lot of people come to our office asking if they still have viable options to reinstate their status after their work permit, study permit or visitor’s visa has expired; or after their application for extension of their temporary resident status has been refused.
Section 182 of the Immigration and Refugee Protection Regulation (IRPR) provides: “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 par. 185 (a), any of the subparagraphs 185 (b)(i) to (iii) or paragraph (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 and has not failed to comply with any other conditions imposed.
The foregoing provision provides the legal basis for “restoration of status”. This means that a visitor, worker or student who has lost their temporary resident status may be able to restore or bring back their status within 90 days from the date their status expired.
However, the submission of an application for restoration does not immediately confer a valid or implied status to the applicant. There are various requirements that must be met and there must be valid grounds before a status is restored. First, the application to restore status must be made within 90 days from the time the applicant lost his/her status. Second, the status must have been lost because he/she has failed to comply with the following conditions: a) For visitors, the period of authorized stay; b) for workers, the conditions of his/her work permit such as the type of work, employer and location of the work; c) and for students, the conditions of his/her study permit such as the type of studies or course, educational institution, location of studies and times and period of studies. Third, the applicant must meet the initial requirements for his/her stay and has not failed to comply with any other conditions imposed.
An applicant for restoration has to pay the restoration fee of $200.00. If the applicant is also applying for work or study permit, he/she has to pay the processing fee of $155.00 in addition to the restoration fee for a total of $355 ($200 + $155). The application is then submitted to Central Processing Centre (CPC) – Vegreville. If the officer is satisfied that there is a valid ground to restore status and the application is granted, a study permit, work permit or a visitor record, as the case may be, will be issued to the applicant. However, if the restoration is refused, the study or work permit application will also be refused, and the applicant must leave Canada immediately.
An application for restoration of status can only be availed of from within Canada. Thus, if an applicant leaves Canada, his/her status can no longer be restored. Applicants coming from visa required countries should therefore apply for a new temporary resident visa as they are deemed to be seeking a new entry. Those, however, who have pending application can still stay in Canada but are not allowed to work or study as they do not have any status at all in Canada. They can only resume working or studying after they receive their restored work or study permit.
If you are a foreign worker, student or visitor who is out of status, we can help you go through the process to restore your status in Canada. If you need help or have questions about the process, you can reach me at [email protected]
Giovanni is an articled student at Equity Law Group. Articling is the last phase of becoming a lawyer in Canada. Law Society of British Columbia Rule 2-60 permits an articled student to provide all legal services that a lawyer can offer, with some exceptions. He is also a licensed immigration consultant with ICCRC, a Philippine Trial lawyer, Certified International Trade Professional in Canada, and an Arbitrator.
Disclaimer: This article is for information purposes only and not to provide specific legal advice.
By: Giovanni Mata
