TEMPORARY RESIDENCE

Restoration of Status Canada | Toronto Lawyer

Foreign nationals who lose visitor, worker or student status in Canada may be eligible to apply for restoration, normally within 90 days.

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Restoration of temporary resident status is an in-Canada process for certain visitors, workers and students who have already lost their legal status in Canada.

Restoration is different from an extension. An extension must be submitted before temporary resident status expires. Restoration is requested after status has already been lost.

Under section 182 of the Immigration and Refugee Protection Regulations, an applicant must normally apply within 90 days after losing status, continue to meet the initial requirements for the stay and establish that no disqualifying breach occurred. Temporary resident permit holders cannot use the restoration process.

Restoration applications commonly involve:

expired visitor status or a visitor record;
an expired work permit and application for a new work permit;
an expired study permit and application for a new study permit;
refusal of an extension application after maintained status;
an extension application rejected as incomplete;
a former worker or student seeking restoration as a visitor;
a Post-Graduation Work Permit application requiring restoration of student status; and
separate restoration applications for accompanying family members.

Restoration is not maintained status. A pending restoration application does not reinstate temporary resident status or authorize employment or studies. An applicant may remain in Canada while IRCC processes the application but must normally stop working or studying until restoration is approved and the applicable permit is issued.

Restoration applications are time-sensitive and fact-specific. Officers may assess when status was lost, how the loss occurred, whether the applicant complied with previous conditions and whether the applicant continues to qualify for the requested status or permit.

This service is for foreign nationals who have lost temporary resident status in Canada and require legal advice or representation concerning restoration.

It may be suitable for:

visitors whose authorized period of stay has expired;
workers whose work permits have expired;
students whose study permits have expired or become invalid;
applicants whose extension applications were refused after maintained status;
applicants whose extension applications were rejected as incomplete;
former workers or students seeking restoration as visitors;
workers applying for restoration and a new work permit;
students applying for restoration and a new study permit;
international graduates applying for a Post-Graduation Work Permit with restoration;
families whose members have different status histories;
applicants uncertain about when status was lost; and
applicants with possible unauthorized work, unauthorized study or previous immigration non-compliance.

Each family member who has lost status must submit a separate restoration request. A pending permanent residence or sponsorship application does not, by itself, restore temporary resident status.

This service may also assist applicants who are no longer eligible for restoration and need to assess departure from Canada, an application from outside Canada, a temporary resident permit or another immigration strategy.

Legal representation for a restoration application may include status review, deadline analysis, eligibility assessment, evidence planning, application preparation and legal submissions.

Status and Eligibility Review

review of passports, entry records, visitor records, work permits and study permits;
review of previous extension applications, submission confirmations and decisions;
determination of when temporary resident status was lost;
calculation of the applicable restoration deadline;
assessment of maintained status and incomplete applications;
review of compliance with visitor, work or study conditions;
determination of the appropriate restoration category;
assessment of eligibility for a related work or study permit; and
consideration of alternative options where restoration is unavailable.

Evidence and Documentation

proof of identity and previous temporary resident status;
refusal letters, returned applications and submission records;
employment, employer and work permit documents;
letters of acceptance, enrolment records and study documents;
evidence of financial support and temporary purpose;
evidence explaining how and why status was lost;
evidence showing when employment or studies stopped;
documents addressing previous immigration compliance; and
organization of the supporting evidence into a coherent application package.

Application Preparation

preparation or review of the required immigration forms;
preparation of the restoration request and any accompanying permit application;
drafting of legal submissions addressing the status history and deadline;
submissions explaining the loss of status and previous compliance;
submissions addressing temporary intent and continued eligibility;
review of consistency across forms, explanations and supporting documents; and
monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the restoration deadline is approaching, the date status was lost is unclear, an extension application was rejected as incomplete, maintained status ended following a refusal, the applicant continued working or studying, multiple applications were submitted, a Post-Graduation Work Permit is involved, or accompanying family members have different status histories.

Legal assistance is recommended as soon as an applicant discovers that temporary resident status may have expired.

This may include situations where:

the 90-day restoration deadline is approaching;
it is unclear when temporary resident status ended;
an extension application was refused;
an extension application was rejected as incomplete;
the applicant submitted multiple or overlapping applications;
the applicant continued working or studying after losing authorization;
the applicant wants to restore status as a visitor;
the applicant wants to apply for a different work or study permit;
a Post-Graduation Work Permit application requires restoration;
the employer, occupation, work location or educational institution has changed;
accompanying family members have also lost status;
a permanent residence or sponsorship application is pending;
more than 90 days may have passed; or
there are previous refusals, compliance concerns or enforcement issues.

A restoration refusal should be reviewed promptly. Depending on the facts and any remaining deadline, the next step may involve a corrected restoration application, departure and an application from outside Canada, a reconsideration request, a temporary resident permit where justified or judicial review at the Federal Court.

Andra Dumitrescu

Barrister & Solicitor

Law Society of Ontario # 75447M

HOW WE WORK TOGETHER

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Discovery call to identify the applicant’s previous status, current circumstances and possible restoration deadline.

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Status and eligibility review, including the date status was lost, maintained status and any work or study concerns.

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Strategy and evidence planning for visitor, worker or student restoration and any accompanying permit application.

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Preparation of the restoration application, legal submissions, forms and supporting evidence for filing with IRCC.

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Monitoring of IRCC correspondence through to a decision.

FREQUENTLY ASKED QUESTIONS

Restoration of status is an in-Canada process for certain visitors, workers and students who have lost temporary resident status.

An eligible applicant may request restoration as a visitor or request restoration together with a new work or study permit. Restoration is different from an extension because it is requested after status has already been lost.

An applicant must normally:

apply within 90 days after losing status;
continue to meet the initial requirements for the stay;
establish that the loss of status falls within the restoration provisions;
have complied with the remaining conditions of the previous stay; and
qualify for any work or study permit requested with restoration.

Temporary resident permit holders cannot restore status through section 182 and must instead assess whether a new temporary resident permit application is available.

The date depends on how temporary resident status was lost.

If the authorized stay simply expired, the restoration period generally begins when that authorized stay ends.

If a complete extension application was submitted before expiry and later refused, maintained status ends when IRCC makes the refusal decision. If an application was rejected as incomplete, it is treated as though it was never submitted, and the restoration period may run from the original expiry date.

No. Maintained status arises when a complete extension application is submitted before the existing period of authorized stay ends.

Restoration applies after status has already been lost. A restoration application does not retroactively restore status and does not authorize the applicant to work or study while the application is pending.

Normally, no. A person who has lost status and work authorization must stop working. They may normally resume working only after restoration is approved and the new work permit has been issued.

Working without authorization while restoration is pending can affect eligibility and create further immigration consequences.

Normally, no. A student who has lost status and study authorization must stop studying until restoration is approved and a new study permit has been issued.

Studying without authorization may make the applicant ineligible for restoration.

Yes. A person who previously held worker or student status may apply to restore temporary resident status as a visitor if they no longer qualify for or require work or study authorization.

The applicant must still meet the requirements for visitor status and submit the application within the applicable restoration period.

Sometimes, but restoration and a change of authorization are separate. A former worker or student who wants a different permit must generally seek restoration of the same type of authorization held immediately before status was lost, whether authorization to work or study. If eligible, the applicant may submit the different permit application at the same time, but IRCC assesses restoration first. A former worker or student who no longer requires work or study authorization may instead apply to restore temporary resident status as a visitor.

An applicant must remain in Canada for restoration to be granted. If the applicant leaves Canada while the application is being processed, IRCC should refuse the restoration request because the applicant is no longer eligible.

Restoration cannot be requested or granted at a port of entry.

Restoration is generally unavailable once the 90-day period has passed. The foreign national may need to leave Canada and apply for the appropriate visa or permit from outside Canada.

A specific public policy or exceptional immigration option may apply in limited circumstances, but this requires an individual assessment and should not be assumed.

The refusal should be reviewed promptly. Depending on the facts and remaining deadlines, options may include a corrected restoration application, departure and an application from outside Canada, a reconsideration request, a temporary resident permit or judicial review at the Federal Court.

A pending permanent residence, sponsorship or other immigration application does not, by itself, correct the loss of temporary resident status.

A curated feed of recent restoration of status updates covering maintained status, visitor, worker and student restoration, IRCC policy changes, refusals and Federal Court decisions.