Status Restoration & Permit Extensions
Status Restorations & Permit Extensions
Over the past few years, Canada has welcomed hundreds of thousands of temporary visitors, workers, and students. During their stay, many temporary residents lose their status for various reasons, including expiration of permits, changes in work or study conditions, and more. In some cases, the solution for an out-of-status resident is to apply for status restoration, renewal, or extension of a permit. Although it is recommended to apply for this restoration or extension well before the license expires, a person may do so within 90 days of the expiration date under certain conditions.
Working with a qualified consultant who understands the process, requirements, and deadlines associated with such status restorations and extensions is crucial. Contact our offices for inquiries or for assistance with your Status Restoration or Extension.
Under the Immigration and Refugee Protection Regulations, a temporary resident (visitor, worker, or student) who has lost their status may apply to reinstate or restore their status as long as they have not been out of quality for more than 90 days and they continue to meet the initial requirements of their stay. It is also required that such persons meet the requirements of the class under which they apply to be restored as temporary residents.
Temporary residents may restore and/or extend 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 the conditions imposed in their permits, such as the type of work, the employer, the location of the work, the type of studies or course, the educational institution, the location of the studies, and the times and periods of the studies.
If a person has lost their status, they should continue to comply with the other conditions of their stay and only work or study if authorized. Please do so to ensure their eligibility for obtaining a status restoration. Finally, it is essential to note that restoration status cannot be granted at the port of entry. If a person with a lost level leaves Canada, they will be deemed seeking new entry on their return.
Permit Extensions
To extend a worker or student status, applying for an extension at least 30 days before the permit expires is essential. In some cases where a work permit expires, 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. Suppose a student wishes to stay in Canada but is no longer studying. In that case, they can apply for a work permit if they are eligible for a post-graduate work permit or 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.
Working with an experienced consultant is crucial when dealing with the various options available to extend or restore status. Contact our offices today for assistance with the process by a qualified and experienced consultant.