IRCC states: "We must receive your application to restore your status no more than 90 days after your status expired." (IRCC, Restore your status and get a work permit)
To discuss your dates, call +1 (647) 794-7370 or +1 (647) 294-6631.
What Is Restoration of Status?
Restoration is an application by a visitor, worker or student who has lost temporary resident status. The conditions are those set out in IRPR s. 182, quoted above.
For workers, IRCC states: "If your permit and status have expired, you must restore your initial permit and status first." "After that, you can apply for a different permit." (IRCC, Restore your status and get a work permit)
Who Can Apply
For workers, IRCC states: "You can apply to restore your status if you"
- "apply within 90 days of losing your status"
- "met the requirements for your stay (for example, you didn’t work illegally)"
- "met all the conditions listed on your expired permit before it expired"
- "are not a temporary resident permit (TRP) holder"
(IRCC, Restore your status and get a work permit) The legal conditions are the words of IRPR s. 182(1) and (2), quoted in full at the top of this page (IRPR, s. 182). We assess your situation against that text in a consultation.
After Your Status Is Lost
Working
IRCC states, under "If you lose your status": "You must stop working." "If you want to stay in Canada and start working again, you must apply to restore your status and get a new work permit." (IRCC, Restore your status and get a work permit)
Studying
IRCC states: "Once you lose your status, you can’t study in Canada until we’ve restored your status as a student." "If you apply after your permit expires, you can stay in Canada but you can’t study until your status has been restored" (IRCC, Extend your study permit or restore your status)
While IRCC decides
IRCC states: "You may stay in Canada while we make a decision on your application." "Normally, you aren’t allowed to work until your status has been restored and your new work permit issued." (IRCC, Restore your status and get a work permit)
After more than 90 days
IRCC states: "If you lost your status more than 90 days ago and haven’t applied to restore it, you’ll need to" "leave Canada" and "reapply from outside Canada if you want to work in Canada again" (IRCC, Restore your status and get a work permit)
Maintained Status vs. Restoration
For visitors, IRCC states: "If you apply to extend your stay in Canada before the date by which you’re supposed to leave, you can legally stay in Canada until a decision is made on your application." "In this situation, you have maintained your status." (IRCC, Extend your stay: After you apply)
For students, IRCC states: "If you apply to extend or change the conditions of your study permit before it expires, you’re legally allowed to stay in Canada while we process your application." (IRCC, Extend your study permit or restore your status)
To check which applies to you, compare the expiry date on your permit with the date your application was submitted, as shown in your IRCC online account.
If the Restoration Application Is Refused
IRCC states: "If your application is refused, you’ll have to leave Canada." (IRCC, Restore your status and get a work permit)
The 90-Day Limit
IRPR s. 182(1) requires the application to be made "within 90 days after losing temporary resident status". To discuss your dates, call:
Quick Facts
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Amer Rehman, RCIC #R515343, assesses restoration eligibility against IRPR s. 182 and prepares complete applications.
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