Work, school, kids; life gets busy, and every year temporary residents unintentionally let their status expire or fail to update the conditions. While remaining in Canada with an expired visa can have very serious consequences, including deportation, if you have let your temporary status lapse, you do have the ability to apply for restoration of your status.
What is a Restoration of Status?
Restoration of status is available to students, workers, or visitors who have let their status expire. A restoration allows individuals in Canada temporarily to restore their previous status; a student can apply to have their student visa restored or extended, but cannot apply for a new worker visa through the restoration of status program.
Eligibility Requirements for a Restoration of Status
Temporary residents who have lost their status can apply for a restoration of status under the following circumstances:
• It has been less than 90 days since your status has expired or your application for an extension was refused*
• You continue to meet all other requirements of your temporary visa
• You are physically present in Canada and remain in the country until a decision is made
• No other conditions of your stay have been violated. You can’t continue to study or work until your status is restored
As an ongoing, temporary measure due to processing delays experienced during Covid, temporary residents who had a valid visa between January 30, 2020, and May 31, 2021, have until August 31, 2021, to restore status, provided they are still in Canada.
Application Process for Restoration of Status
Applications for restoration of status must be filed online. They can only be submitted if you are still physically present in Canada and remain in the country while you await the final decision. If you apply to restore your status and then leave the country for any reason, your application will be refused. You will be responsible for the restoration of status application fee and the fee for the new permit.
The online restoration of status application will ask for a full explanation and details of why your status lapsed or was revoked. You may also be asked to demonstrate that you did not violate any other conditions of your temporary permit while your status was expired. An officer will review your application and determine your eligibility to have your status restored. When a final decision is reached, you will receive a letter with the details of the verdict.
If your application for status renewal is rejected, you will be asked to leave the country immediately.
While you wait for the results of your restoration of status application, you are allowed to remain in Canada under implied status. However, you are unable to work or study until your status has been restored.
If you need clarification on navigating the restoration of status application process or have questions about what you can do to remain in Canada after your temporary permit expires, the immigration consultants at Five Stone Immigration can help.