Losing status as a worker, student or visitor in Canada may occur for a variety of reasons. For example:
- you may have remained in Canada longer than the period authorized for your stay,
- you changed employers, location of employment of the type of work before obtaining a new work permit, or
- you changed details relating to your studies before applying to change the conditions on your study permit; such as the educational institution, location, times or period of studied or even the type of studies before applying to change these conditions on your study permit.
If you fall out-of-status as a worker, student, or visitor in Canada, you may be able to apply to reinstate or restore your status.
To be eligible to apply for restoration of status, an applicant must:
- apply within 90 days of having lost their status; and
- meet the initial requirements of their stay; and
- have not failed to comply with any other condition or their permit; and
- meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
An individual is given 90 days from the date their status expired, or they lost status, to submit a restoration application and the corresponding fee. Those individuals who been refused an extension to their temporary resident status, and were in status until the refusal, have 90 days from the date of the refusal notice to apply for restoration. If 90 days have passed since losing status, you are not eligible to apply for restoration.
Those applicants who have lost their status, and who do not have implied status, may not continue to work or study while awaiting restoration. You may wish to complete an application or restoration of status and an application for a new study or work permit at the same time. This will require you to submit each application in addition to the corresponding fees; the restoration fee plus the permit fee.
We can help you with your restoration application. For a detailed assessment of your immigration options, contact us for a consultation by emailing us at [email protected] or by calling 416-847-3347.
