Hey everyone! After reading a lot of conflicting information on this forum about restoration, I decided to put together a short summary on restoration of status. I briefly examine what the IRPR and OP 12 have to say and some first steps to putting together an application. Let's get a discussion going on this topic.
Restoration of Status:
A Guide for Canadian Temporary Residents
We often receive the question, "I forgot to re-apply for my student/work visa and now I am out of status, what can I do?" Citizenship and Immigration Canada has made a provision for temporary residents whose status has expired and who want to apply to stay in Canada. This is called "Restoration of Status."
This guide will:
1) Explain what "Restoration of Status" is
2) Examine the IRPA/IRPR for relevant sections related to the restoration of temporary resident status
3) Examine the internal CIC Manuals for relevant sections related to this topic
4) Explain the steps a temporary resident must take to restore their status
Firstly, we feel that it is important to note from the outset that restoration of status is a privilege and not a right. The CIC website carefully writes:
"If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted."
This is stated firmly. Overstaying your valid permit is an offence under Canadian law. Too often we hear from people who believe that they will automatically receive restoration of their status. This is false. A clear, complete explanation of the reason for committing the offence is required.
The Immigration and Refugee Protection Regulations (IRPR) section 182 states:
182. Restoration - On application made by a visitor, worker, or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of the subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.
As referred to in the section above:
185. Specific conditions - An officer may impose, vary or cancel the following specific conditions on a temporary resident:
(a) the period authorized for their stay
(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of work,
(ii) the employer,
(iii) the location of the work
(c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of studies or course,
(ii) the educational institution,
(iii) the location of the studies, and
(iv) the times and periods of the studies;
The Manual OP 12 - Students provides the following information as it relates to this topic:
7.4. Restoration of status
R182 allows a foreign student in Canada to seek restoration of status (for a fee) within 90 days after their temporary resident status has been lost, only if they have failed to comply with one or more of the following conditions that were imposed on their permit(s) and they continue to meet the initial requirements for their stay and have not failed to comply with any other conditions imposed:
• They have remained in Canada longer than the period authorized for their, but no longer than 90 days.
• They have changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on their study permit, if they were specified on their study permit as conditions.
Note: Officers should not unnecessarily restrict the student’s attendance to a specific institution.
• If the student was also holding a work permit and they changed employers, type of work, or location of work without applying to change the conditions that were first specified on their work permit.
Then, if the applicant is not otherwise inadmissible and satisfies the officer that they are a genuine temporary resident, the officer shall restore the temporary resident status and process the student application. Both fees have to be paid for restoration and the study permit. The application cost recovery fee for restoration is presently $200 [R306]. If a student applies for restoration of their status 90 days after they lost their temporary resident status, an officer shall refuse the application for restoration and report the temporary resident, worker or student, based on the grounds of inadmissibility. For example, the person has overstayed.
Restoration of status cannot be granted at the POE. Persons who have failed to comply with conditions imposed under R185 need to apply in Canada for restoration of their status. If they depart Canada, they will be deemed to be seeking a new entry upon their return.
Therefore, if a temporary resident meets the criteria listed above, they are eligible for restoration. In order to apply for restoration, the applicant must do the following:
1) Download IMM5708 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder)
2) On Question 3, Check "Restoration of Temporary Resident Status as Visitor"
3) On the Section "Background Information", Question 2a, you must check "Yes" and provide a brief explanation of your current situation of having overstayed your visa.
4) In a separate document, provide a clear, written explanation of the events leading to your overstay and why you were not able to extend your stay during your permits validity
5) Complete the forms IMM 5558, IMM 5708, IMM 5409 and IMM 5476 (if applicable)
6) On the checklist, IMM 5558, there is a section for "Restoration of Status." Ensure that you include all three documents listed in that section.
7) You must also include your Fee Payment receipt. You can pay the $200 restoration fee online at MyCIC.
Lastly, restoration of status applications can take up to 16 weeks to process. During this time workers and students are not eligible to continue their work or studies. This is not implied status. Therefore, temporary residents should take all proactive measures necessary to avoid this circumstance.
Restoration of Status:
A Guide for Canadian Temporary Residents
We often receive the question, "I forgot to re-apply for my student/work visa and now I am out of status, what can I do?" Citizenship and Immigration Canada has made a provision for temporary residents whose status has expired and who want to apply to stay in Canada. This is called "Restoration of Status."
This guide will:
1) Explain what "Restoration of Status" is
2) Examine the IRPA/IRPR for relevant sections related to the restoration of temporary resident status
3) Examine the internal CIC Manuals for relevant sections related to this topic
4) Explain the steps a temporary resident must take to restore their status
Firstly, we feel that it is important to note from the outset that restoration of status is a privilege and not a right. The CIC website carefully writes:
"If your status has expired or if you did not respect one of the conditions of your permit or you have worked or studied without a required permit, you have committed an offence under the Immigration and Refugee Protection Act. You may be subject to an admissibility hearing that could lead to removal from Canada. If your temporary resident status has expired, do not apply for an extension as you are not eligible. However, if you wish to stay in Canada after your status has expired you may apply for restoration of status within 90 days of your offence (loss of status) or you must leave Canada. If you wish to apply for restoration, complete the enclosed application providing full details of how you came to commit the offence. There is no guarantee that your application will be accepted."
This is stated firmly. Overstaying your valid permit is an offence under Canadian law. Too often we hear from people who believe that they will automatically receive restoration of their status. This is false. A clear, complete explanation of the reason for committing the offence is required.
The Immigration and Refugee Protection Regulations (IRPR) section 182 states:
182. Restoration - On application made by a visitor, worker, or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of the subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.
As referred to in the section above:
185. Specific conditions - An officer may impose, vary or cancel the following specific conditions on a temporary resident:
(a) the period authorized for their stay
(b) the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of work,
(ii) the employer,
(iii) the location of the work
(c) the studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
(i) the type of studies or course,
(ii) the educational institution,
(iii) the location of the studies, and
(iv) the times and periods of the studies;
The Manual OP 12 - Students provides the following information as it relates to this topic:
7.4. Restoration of status
R182 allows a foreign student in Canada to seek restoration of status (for a fee) within 90 days after their temporary resident status has been lost, only if they have failed to comply with one or more of the following conditions that were imposed on their permit(s) and they continue to meet the initial requirements for their stay and have not failed to comply with any other conditions imposed:
• They have remained in Canada longer than the period authorized for their, but no longer than 90 days.
• They have changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on their study permit, if they were specified on their study permit as conditions.
Note: Officers should not unnecessarily restrict the student’s attendance to a specific institution.
• If the student was also holding a work permit and they changed employers, type of work, or location of work without applying to change the conditions that were first specified on their work permit.
Then, if the applicant is not otherwise inadmissible and satisfies the officer that they are a genuine temporary resident, the officer shall restore the temporary resident status and process the student application. Both fees have to be paid for restoration and the study permit. The application cost recovery fee for restoration is presently $200 [R306]. If a student applies for restoration of their status 90 days after they lost their temporary resident status, an officer shall refuse the application for restoration and report the temporary resident, worker or student, based on the grounds of inadmissibility. For example, the person has overstayed.
Restoration of status cannot be granted at the POE. Persons who have failed to comply with conditions imposed under R185 need to apply in Canada for restoration of their status. If they depart Canada, they will be deemed to be seeking a new entry upon their return.
Therefore, if a temporary resident meets the criteria listed above, they are eligible for restoration. In order to apply for restoration, the applicant must do the following:
1) Download IMM5708 (Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder)
2) On Question 3, Check "Restoration of Temporary Resident Status as Visitor"
3) On the Section "Background Information", Question 2a, you must check "Yes" and provide a brief explanation of your current situation of having overstayed your visa.
4) In a separate document, provide a clear, written explanation of the events leading to your overstay and why you were not able to extend your stay during your permits validity
5) Complete the forms IMM 5558, IMM 5708, IMM 5409 and IMM 5476 (if applicable)
6) On the checklist, IMM 5558, there is a section for "Restoration of Status." Ensure that you include all three documents listed in that section.
7) You must also include your Fee Payment receipt. You can pay the $200 restoration fee online at MyCIC.
Lastly, restoration of status applications can take up to 16 weeks to process. During this time workers and students are not eligible to continue their work or studies. This is not implied status. Therefore, temporary residents should take all proactive measures necessary to avoid this circumstance.
