Losing temporary resident status in Canada can be a stressful situation, but there’s a process in place to help those who have lost their status or let their work or study authorization expire. Under Section 47 of the Immigration and Refugee Protection Act (IRPA), and in accordance with Section 182 of the Immigration and Refugee Protection Regulations (IRPR), individuals can apply to restore their status as a temporary resident.
Understanding Restoration Eligibility
It’s crucial to understand that status and authorization are distinct under the IRPA. Applicants can only restore their status to that of a temporary resident and the authorization they held prior to losing their status. For example, a student who lost their status cannot restore their status with authorization to work.
Eligibility Requirements for Restoration of Status
To be eligible for restoration, applicants must meet the following requirements:
- Apply within 90 days of losing their status.
- Fulfill the initial requirements for their stay.
- Remain in Canada until a decision is made.
- Not have failed to comply with specific conditions imposed by an officer, such as the period of authorized stay, work conditions, or study conditions.
- Continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable.
Understanding the 90-Day Period
Applicants have 90 days from the date they lose their temporary resident status to apply for restoration. If an application for an extension of temporary resident status is refused, the individual has 90 days from the date of refusal to apply for restoration.
Continuation of Work or Study
During the processing of a restoration application, individuals cannot continue to work or study until their status and authorization have been restored and a new work or study permit has been issued.
Leaving Canada: Implications and Considerations
Restoration of status cannot be granted at the port of entry. If an applicant leaves Canada, they will be considered seeking a new entry on their return, and their previous non-compliance may make them inadmissible to Canada.
Possible Restoration Scenarios
Applicants can only restore their status and authorization to what they held immediately prior to losing their status. For instance, a study permit holder who lost their status can only apply to restore their temporary resident status with authorization to study.
The Restoration Process: Step-by-Step
The restoration application is submitted to the Case Processing Centre in Edmonton (CPC-E). The officer assesses the eligibility for restoration, and if approved, medical instructions may be issued if required. Once all requirements are met, a visitor record or appropriate permit outlining the conditions for restoration is issued to the applicant.
Restoring temporary resident status in Canada is possible within the given guidelines and timeframe. By adhering to the eligibility requirements and submitting the necessary documentation and fees, individuals can work towards restoring their status and continuing their stay in Canada.