Status Restorations & Permit Extensions
 

Over the past few years alone, hundreds of thousands temporary visitors, workers, and students were admitted into Canada.  During their stay, many temporary residents lose their status for various reasons including expiration of permits, changes in work conditions, changes in study conditions, etc.
 

In some cases, a remedy to an out-of-status resident would be to apply for status restoration, renewal or extension of a permit.  While it is advised to apply for this restoration or extension well before the expiry of a permit, a person may do so within 90 days of the expiration of the permit, with conditions.
 

It is important to work with a qualified consultant who understands the process, requirements and deadlines associated with such status restorations/extensions. Contact our offices with inquiries or for assistance with your Status Restoration or Extension.

Under the Immigration and Refugee Protection Regulations, if a temporary resident (visitor, worker or student) has lost their status, they may apply to reinstate or restore their status as long as the person has not been out of status for more than 90 days and they continue to meet the initial requirement for their stay. It is also required that such persons meet the requirements of the class under which they are applying to be restored as a temporary resident.
 

Temporary residents may restore and/or extent their status if they have failed to comply with the period authorized for their stay (within limitations) or if they have failed to comply with conditions imposed in their permits such as the following:
 

• type of work, the employer, the location of the work, the type of studies or course, the education institution, the location of the studies, and the times and periods of the studies.
   

If a person has lost their status, they should continue complying with the other conditions of their stay and not work or study if not authorized. This can jeopardize eligibility of obtaining a status restoration.
 

Finally, it is important to note that restoration status cannot be granted at the port of entry. If a person with lost status leaves Canada, he/she will be deemed to be seeking a new entry on their return
 

Permit Extensions
 

To extend a worker or student status, it is important to apply for an extension at least 30 days prior to the expiry of the permit.  In some cases where a work permit expires, and where employment conditions change or where employment is extended beyond the expiration of a work permit, it may be possible to apply for a status restoration and a new work permit simultaneously.

If a student wishes to stay in Canada but is no longer studying, they can apply for a work permit if they are eligible for a post-graduate work permit, or they can apply to change their status and stay in Canada as a Visitor.
 

In general, under what is referred to as ‘Implied Status’, a worker, student or visitor may continue to maintain their immigration status in Canada until a decision is made on their application to extend their stay.
 

It is important to work with an experience consultant when dealing with the various options available to extend or restore a status.  Contact our offices today for assistance with the process by a qualified and experienced consultant.