Restoration of Status

According to Immigration, Refugees and Citizenship Canada (IRCC), formerly Citizenship and Immigration Canada (CIC), travelers authorized to enter Canada, can be admitted within three categories: visitors, students, or workers. In all cases, they are considered as "temporary residents", and are given temporary resident status for a limited and fixed period of time. Contact us today at (403) 452-9515 Ext. 107 or 1-800-932-1190 or email us directly.

Based on their personal situation, they will have to comply with various conditions as per IRCC's requirements. Failing to do so may put them at risk of losing their legal status in Canada and resulting in the individual being required to depart the country. In some cases, there are ways of restoring your status. The first step towards restoration of status is often getting in touch with a legal expert who can review your particular case, and help you determine the best course of action. Each situation is different, and you may need to obtain advice as to how to apply, and the best application method for restoration of status.

The Requirements for Restoration

You must keep in mind that time is of the essence where status is concerned, and whether you are a student, worker, or visitor, you have a very brief period to get your status reinstated. As the Canadian government explains, those "who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.

Take note that it does specify "if otherwise eligible". This is because you may have lost your status because you failed to comply with the conditions or requirements of your stay. As an example, you may have been prohibited from performing specific kinds of work or from studying at a specific institution. Failing to adhere to the original conditions of your status can make it impossible for you to apply for a renewal or extension.

If you do not behave in a manner that makes you ineligible, you will need to file  an application to validate your status within 90 days of losing it.

As You Wait

There are many things to keep in mind as you begin the process of restoring your temporary resident status. For one thing, you cannot continue to work or study if you have lost your status.

Also, if you happen to leave Canada without your status being restored, you can no longer qualify for restoration. Instead, you must submit a fresh application, following the traditional visa application processes.

Once your application and fees have been received, your situation will be assessed. If your status was expired or you are in violation in some way, you will have to go through a more rigorous procedure. An Officer will assess your eligibility, and if you are deemed ineligible they will refer the case to Minister's delegate. If you are eligible for restoration, it is imperative that your application prove that you met all requirements for the Officer to issue a new status document.

Restoration may also require an interview at a local IRCC office. At that point, the issue can go only one of two ways - you are restored or refused. Those issued refusals must leave Canada promptly. Those restored are able to remain and adhere to the conditions granting that restoration.

Contact us today at (403) 452-9515 Ext. 107 or 1-800-932-1190 or email us directly.