Question on Restoration

[Fuzu]

I've heard from a lawyer on YouTube that in Canada, under IRPA immigration law, there's a 90-day grace period to apply for restoration ( another work permit / study permit ) once your current work permit or any permit expires. After applying, you'll be on implied status until a decision is reached. While it's advisable to apply before the current status expires, as long as you apply within the 90-day timeframe after current status expiry, you're not in violation of any laws. I simply want to confirm the accuracy of this information regarding immigration regulations.

 

[scylla]

I've heard from a lawyer on YouTube that in Canada, under IRPA immigration law, there's a 90-day grace period to apply for restoration ( another work permit / study permit ) once your current work permit or any permit expires. After applying, you'll be on implied status until a decision is reached. While it's advisable to apply before the current status expires, as long as you apply within the 90-day timeframe after current status expiry, you're not in violation of any laws. I simply want to confirm the accuracy of this information regarding immigration regulations.

This is an incorrect understanding. Yes, you have 90 days to restore your status however you remain out of status until the restoration application is approved (you do not have implied status). It also should not be regarded as a grace period. That's the wrong way to look at it. Think of it more as a last chance. Also keep in mind that there's never a guarantee restoration will in fact be approved. If you fall out of status then it's very much recommended to apply for restoration as soon as possible. It is not advisable to wait until the end of the 90 days.

 

[Fuzu]

This is an incorrect understanding. Yes, you have 90 days to restore your status however you remain out of status until the restoration application is approved (you do not have implied status). It also should not be regarded as a grace period. That's the wrong way to look at it. Think of it more as a last chance. Also keep in mind that there's never a guarantee restoration will in fact be approved. If you fall out of status then it's very much recommended to apply for restoration as soon as possible. It is not advisable to wait until the end of the 90 days.

thank you @scylla I understand what you are saying and agree. But just to reconfirm let’s say someone exits Canada within the 90 days of status expiry, although they have passed their status expiry date, they are still legally allowed to stay for those 90 days given at some point they apply for restoration. And although you should declare this in future applications, these will in no way affect future applications since the 90 days is mentioned in the IRPA law, correct ? I just need to utilize the 90 days to figure stuff out like residence, money etc before I leave. Even if restoration is approved for visitor I’m planning to leave but need the 90 days to figure stuff out.

 

[Ponga]

I've heard from a lawyer on YouTube that in Canada, under IRPA immigration law, there's a 90-day grace period to apply for restoration ( another work permit / study permit ) once your current work permit or any permit expires. After applying, you'll be on implied status until a decision is reached. While it's advisable to apply before the current status expires, as long as you apply within the 90-day timeframe after current status expiry, you're not in violation of any laws. I simply want to confirm the accuracy of this information regarding immigration regulations.

Must be an old YT video since `Implied' status was replaced with `Maintained' status a few years ago.

 

[Ponga]

thank you @scylla I understand what you are saying and agree. But just to reconfirm let’s say someone exits Canada within the 90 days of status expiry, although they have passed their status expiry date, they are still legally allowed to stay for those 90 days given at some point they apply for restoration. And although you should declare this in future applications, these will in no way affect future applications since the 90 days is mentioned in the IRPA law, correct ? I just need to utilize the 90 days to figure stuff out like residence, money etc before I leave. Even if restoration is approved for visitor I’m planning to leave but need the 90 days to figure stuff out.

This makes no sense. If a person leaves Canada, how are they able to legally (or even illegally stay in Canada)? They are not even in Canada if they have left, right?

 

[bellaluna]

thank you @scylla I understand what you are saying and agree. But just to reconfirm let’s say someone exits Canada within the 90 days of status expiry, although they have passed their status expiry date, they are still legally allowed to stay for those 90 days given at some point they apply for restoration. And although you should declare this in future applications, these will in no way affect future applications since the 90 days is mentioned in the IRPA law, correct ? I just need to utilize the 90 days to figure stuff out like residence, money etc before I leave. Even if restoration is approved for visitor I’m planning to leave but need the 90 days to figure stuff out.

I don't understand the point of what you are planning to do either. Why not just leave?

 

[Fuzu]

Must be an old YT video since `Implied' status was replaced with `Maintained' status a few years ago.

Hi Ponga thank you for your reply. If I am on maintenez status I did not break any rules correct ?

 

[Fuzu]

During the processing of a restoration application, should an officer determine that the foreign national has left Canada, the officer shall refuse the application restoration as the foreign national is no longer eligible.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html

hi ponga i think you my have misunderstood. I was just saying after status expiry if I apply for restoration from within Canada within 90 days I am good right ?

 

[bellaluna]

hi ponga i think you my have misunderstood. I was just saying after status expiry if I apply for restoration from within Canada within 90 days I am good right ?

I'm not ponga and I corrected my post

 

[Fuzu]

I don't understand the point of what you are planning to do either. Why not just leave?

I need settle some issues with money housing etc . That may take 2-3 months . Everyone is in a unique situation in life

 

[Nikhil P]

I've heard from a lawyer on YouTube that in Canada, under IRPA immigration law, there's a 90-day grace period to apply for restoration ( another work permit / study permit ) once your current work permit or any permit expires. After applying, you'll be on implied status until a decision is reached. While it's advisable to apply before the current status expires, as long as you apply within the 90-day timeframe after current status expiry, you're not in violation of any laws. I simply want to confirm the accuracy of this information regarding immigration regulations.

Hello Everyone,

Recently i have received my work permit extension got refused few days, and in the letter it is mentioned to Apply for Restoration of my Status within 90 days. But i am planning to go back to my home country till i get the work permit through LMIA. so in this time do i need to apply for Restoration of my visa or can i leave the country by the end of this month without applying for my restoration application.

can anyone please help me on this

 

[Ponga]

Hello Everyone,

Recently i have received my work permit extension got refused few days, and in the letter it is mentioned to Apply for Restoration of my Status within 90 days. But i am planning to go back to my home country till i get the work permit through LMIA. so in this time do i need to apply for Restoration of my visa or can i leave the country by the end of this month without applying for my restoration application.

can anyone please help me on this

If you leave Canada, there is no status to restore.

 

[Nikhil P]

If you leave Canada, there is no status to restore.

What if i want to come back. Will it affect my visa process

 

[canuck78]

What if i want to come back. Will it affect my visa process

You must advise IRCC that you have left Canada and provide updated contact information but shouldn’t have a negative impact on WP processing.

 

[manshu10]

Hey...i am also in same situation..so what did you do..had this any effect on future application?