How does Restoration Status really works?

[111588]

My relative is a TFW and he expired his work permit this 7th of March but filed an extenasion yet was refused this 9th of May. He said he is automatically in a restoration status? He said he has an application as Temporary Resident but the immigration did not accept it for he is not eligible due to his expiring passport this June 13. He cant seem to renew it there for authentic documents from his country will process for 4-8 weeks. I'm afraid he may reach the 90-day period without passing any application. Is he really automatically on a restoration? Is he eligible for this restoration status though he doesnt have any pending application?

 

[canuck_in_uk]

He is not automatically in a "restoration status". He has zero status and is currently in Canada illegally.

When a person's status expires, they can apply within 90 days to restore it. However, they are still illegally in Canada during that time. If the Restoration application is approved, it will basically retroactively legalize their stay.

Given that his passport expires in a few weeks, he has no chance of being approved for Restoration. He needs to leave Canada immediately.

 

[111588]

He is not automatically in a "restoration status". He has zero status and is currently in Canada illegally.

When a person's status expires, they can apply within 90 days to restore it. However, they are still illegally in Canada during that time. If the Restoration application is approved, it will basically retroactively legalize their stay.

Given that his passport expires in a few weeks, he has no chance of being approved for Restoration. He needs to leave Canada immediately.

Thanks for this. How can Canada immigration know about this? He seems like he'd like to stay illegally for he doesn't plan to apply for restoration.

 

[canuck_in_uk]

Thanks for this. How can Canada immigration know about this? He seems like he'd like to stay illegally for he doesn't plan to apply for restoration.

They are already aware that he is here without status; the refusal letter would have stated this. No one can say when CBSA will catch up with him and deport him.

 

[111588]

Oh too sad. He should've left Canada himself rather than to be deported.

 

[Sherry123]

Nope buddy...tell him to apply for a passport if he has 90 days for restoration. .if passport comes with in 90 days then apply for restoration and permit. .he will be approved. .hope for best and best luck

 

[111588]

Thanks! But he cant renew his passport for his authentics documents will come from his home country and it will take 4-8weeks processing time. Also, consulate is always fully booked. June 13 is tge expiration of his passport.

 

[Bs65]

Basically is all down hill from June 13th given after that not only have no legal status but no valid passport to even leave the country and if working that will make things even worse for him and possibly any employer.

 

[111588]

Alright. He didn't apply to change his conditions as a visitor (restoration) yet from the expiration of his extension this 9th of May. So when the time that he is eligible to restore his status, when will the 90-day allotted time start?

 

[111588]

So sherry123, you mean that your point of view about this is in contrary of canuck_in_uk's?

 

[canuck_in_uk]

Alright. He didn't apply to change his conditions as a visitor (restoration) yet from the expiration of his extension this 9th of May. So when the time that he is eligible to restore his status, when will the 90-day allotted time start?

He can't apply for Restoration because of his expiring passport. He needs to leave Canada.

 

[111588]

Okay. Thanks a lot! I think there is an authority to investigate his case.