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Restoration Of Temporary Resident Status

Restoration Of Temporary Resident Status

It happens that you get caught up with your study, and simply forget that your study permit has expired, now you are wondering that you have lost status in Canada. It is not the end of the world, there are still ways for you to apply to restore your temporary resident status.

Who Can Apply For Restoration?

This restoration of temporary resident status also applies to people who lost their status as foreign worker or visitor. This blog article applies to those who have lost their status because:

  • they have failed to leave by the end of the authorized period for their stay,
  • they failed to comply with the conditions including the type of work, employer, or location of work as authorized,
  • they failed to comply with the conditions including the type of studies or course, educational institution, location of the studies, and times and periods of the studies.

What Happens At The End Of Temporary Residence?

It is important to note that all the activities permitted under a Temporary Resident Visa (TRV) cease when the visa expires. If an individual continues doing activities at the expiry of TRV, he or she can face serious consequences, including losing chances to acquire permanent residence in the future.

While, the temporary residents who have already applied for the extension can continue to study, work or do their regular activities under a Maintained Status. The Maintained Status allows the temporary residents to stay in Canada until a decision is made regarding their restoration application.

Can You Apply For Restoration If Your Temporary Residence Has Expired?

To be eligible to restore your status, you must apply within 90 days of having lost your status.

The restoration of temporary resident applications is supposed to be done only inside Canada.

If an applicant applies to renew their status before the status expires, they have the implied status until the refusal.  The 90 days’ clock starts from the day of the refusal notice. A person can only apply for restoration of the same status as the one that he or she was granted earlier.

Moreover, it has been provided that it is unreasonable to expect a temporary resident to apply for restoration of his or her status until they are informed that their request for an extension has been refused and that restoration is required. Thus, the 90 days start from the day that they have been informed of the refusal.

If an applicant applies to renew their status after their status expires, but within the 90-day restoration period, then the applicants have 90 days to regain their status from the date their status expired.

In addition, you have to meet the initial requirements such as, holding a valid passport, guarantee to leave at the expiry of stay, not inadmissible, etc. for your stay and have not failed to comply with any other condition; meet the requirements of the class under which they are currently applying to be recalled as a temporary resident.

Those who are waiting for the restoration have lost their status and may not continue to work or attend school. It is unusual that the Canada Border Services Agency will issue a removal order against someone who has applied for restoration of status. In a case, the federal court has ruled that it was not fair and per the principles of natural justice and the meaning of s. 182 of the Immigration and Refugee Protection Regulations to issue the exclusion order based on a loss of status without deciding the application to restore the permit. It could not be said that a temporary resident who had applied for restoration of his permit in a timely manner, as he was entitled to do under the Regulations, had failed to comply with or breached the Immigration and Refugee Protection Act.

If your application to restore is refused, you need to leave Canada immediately.

Contact Our Skilled Lawyers

Restoration applications can be made online or through an immigration consultant in-person. Given the time-sensitivity associated with restoration applications, it is highly recommended to engage the services of an expert immigration lawyer who can help you in filing out restoration applications faultlessly. To speak with Ayaz Mehdi Professional Corporation’s Immigration Lawyers, please reach out to us directly for a consultation.

Disclaimer:  Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!

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