Temporary residents in Canada can lose their status when their current permit expires, which can be a stressful experience. However, it’s not the end of the road. Whether you’re a worker, student, or visitor, understanding how to restore your status is crucial. This guide will walk you through the essentials of status restoration, ensuring you’re well-informed and ready to take action.

What is Status Restoration?

Status restoration is a process that allows temporary residents (workers, students, and visitors) in Canada to regain their legal status after it has expired. This process is crucial for those who wish to stay in Canada and continue their work, studies, or visit.

For instance, international students on a study permit whose permit expires before applying for a post-graduation work permit (PGWP) need to restore their status with a new study permit, even if their studies are completed. Similarly, a PGWP holder with an expiring permit who wants to transition back to student status needs to apply for restoration of worker status as well as submit a study permit application. The study permit application is assessed once your status restoration and a new work permit are approved.

Why Might Temporary Residents in Canada Lose Their Status?

You can lose your temporary resident status in Canada if:

  • Your permit expires before you apply to extend or change it.
  • You do not comply with the conditions of your permit (e.g., working illegally).
  • You stay in Canada beyond the allowed period without applying for an extension.

Who Can Apply for Status Restoration?

You can apply to restore your status if you:

  • Apply within 90 days of losing your status.
  • Met the requirements for your stay before your status expired.
  • Did not work or study without proper authorization during your stay.

Steps to Restore Your Status

1. Stop Working or Studying Immediately: As soon as your status expires, you must stop working or studying.

2. Apply Online: In most cases, you must apply online to restore your status and obtain a new permit. Applying online offers several benefits:

  • Immediate submission without courier fees.
  • Instant updates on your application status.
  • Ability to upload additional documents quickly if required.

3. Gather Required Documents: Ensure you have a scanner or camera to create electronic copies of your documents and a valid credit or debit card to pay the fees.

4. Complete the Application Form: On the IMM 5710 form, under question 3, select “Restore my status as a worker” or the applicable status. Provide detailed reasons for your overstay on a separate page and upload it in the “Client Information” section.

5. Pay the Fees: The fees for restoring your status include a restoration fee of $200 and a permit processing fee.

6. Submit Your Application: Create an online account, fill out the required information, and submit your application before the 90-day deadline.

What Happens After You Apply?

After you submit your application:

  • You will receive updates directly to your online account.
  • You may be required to provide additional documents or attend an interview.
  • If approved, your status will be restored, and you will receive a new permit outlining your conditions.
  • If your application is refused, you must leave Canada immediately.

Special Cases

  • Family Members: If your family members also lost their status, each person must apply separately and pay the restoration fee.
  • Changing Permit Types: If you wish to change your permit type (e.g., from a work permit to a study permit), you must first restore your initial status before applying for a new permit.
  • Temporary Resident Permit (TRP) Holders: TRP holders who let their permit expire are not eligible for restoration and must apply for a new TRP.

Key Points to Remember

  • Apply Within 90 Days: Ensure your application is received within 90 days of losing your status.
  • Meet All Conditions: You must have complied with the conditions of your initial permit.
  • No Guarantees: There is no guarantee that your application for status restoration will be approved. If refused, you must leave Canada.

Navigating the restoration of your temporary resident status can be complex, but with the right information and timely action, you can regain your status and continue your journey in Canada. Ensure you follow all steps carefully and seek professional advice if needed.

FAQs

What is the 90-day rule for status restoration?

You must apply for status restoration within 90 days of losing your temporary resident status. Applications submitted after this period will not be considered.

Can I work or study while my status restoration application is being processed?

No, you must stop working or studying immediately once your status expires and cannot resume until your status is restored and you receive a new permit.

Can I apply for a different type of permit when restoring my status?

Yes, but you must first restore your initial permit and status. Once restored, you can then apply for a different type of permit, such as changing from a study permit to a work permit.

What happens if my status restoration application is refused?

If your application is refused, you must leave Canada immediately. Remaining in Canada without status could result in removal orders and affect future visa applications.