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Understanding the process of status restoration is crucial for anyone navigating Canada’s immigration system. This guide will help you learn how to restore your temporary resident status and avoid unnecessary complications.

What Is Status Restoration in Canada?

Status restoration is a process that allows temporary residents—such as workers, students, or visitors—whose permits have expired to regain legal status in Canada. This is essential for continuing to work, study, or stay in Canada.

Examples of Status Restoration Situations

• International students whose study permits expired before applying for a post-graduation work permit (PGWP) must first restore their status with a new study permit before submitting their PGWP application.
• PGWP holders who wish to return to school must restore their worker status and apply for a new study permit.
• Visitors who overstayed their permitted time in Canada must apply to restore their status as temporary residents or transition to a study or work permit if eligible.

Why Temporary Residents Lose Their Status in Canada

Temporary residents may lose their status for several reasons:

1. Permit Expiry: Failing to renew a work permit, study permit, or visitor visa before its expiration.
2. Non-Compliance: Violating the conditions of the permit, such as working or studying without proper authorization.
3. Overstay: Remaining in Canada beyond the allowed time without submitting an application to extend or change the permit.

Who Is Eligible to Restore Temporary Resident Status?

You can apply for status restoration in Canada if you meet the following criteria:

• Apply Within 90 Days: Your application must be submitted within 90 days of losing your status.
• Compliance: You complied with the conditions of your original permit before it expired.
• No Unauthorized Work or Study: You have not worked or studied without authorization after your permit expired.

How to Restore Your Temporary Resident Status in Canada

1. Stop Working or Studying Immediately
   As soon as your permit expires, you must cease all work or study activities until your status is restored.
2. Apply Online
   Submit your application online through the Immigration, Refugees and Citizenship Canada (IRCC) portal. Online submissions are faster and allow you to track your application status.
3. Prepare the Required Documents

• A scanner or camera to create digital copies of your documents.
• A valid credit or debit card for fee payments.

4. Complete the Application Form

• Fill out the IMM 5710 form.
• Under question 3, select “Restore my status as a worker” (or applicable status).
• Include a detailed explanation of your overstay in the “Client Information” section.

5. Pay the Required Fees

• Restoration of status fee: CAD $239.75.
• Processing fee for the applicable permit type (e.g., work or study).

6. Submit Your Application

• Create an account on the IRCC portal.
• Ensure your application is submitted before the 90-day deadline.

What Happens After You Submit Your Application?

• You will receive updates through your online account.
• IRCC may request additional documents or schedule an interview.
• If approved, your status will be restored, and you will receive a new permit outlining your conditions.
• If refused, you must leave Canada immediately to avoid legal consequences.

Special Scenarios for Status Restoration

• Family Applications: If multiple family members lose their status, each individual must apply separately and pay the restoration fee.
• Changing Permit Types: To switch from a work permit to a study permit, you must first restore your initial status before applying for the new permit.
• Temporary Resident Permit (TRP) Holders: TRP holders who let their permit expire are ineligible for restoration and must apply for a new TRP.

Key Points to Remember About Restoring Status in Canada

• 90-Day Rule: Applications must be submitted within 90 days of losing your status.
• No Work or Study: You cannot work or study until your status is restored.
• No Guarantees: Approval is not guaranteed. If refused, you must leave Canada immediately.

FAQs About Temporary Resident Status Restoration in Canada

1. What is the 90-day rule for status restoration?
   You must apply to restore your status within 90 days of losing it. Applications submitted after this period will not be accepted.
2. Can I work or study while my application is being processed?
   No, you must stop all work or study activities until your application is approved and you receive your new permit.
3. Can I change my permit type when restoring my status?
   Yes, but you must restore your initial status first. For example, if switching from a work permit to a study permit, you must apply for restoration as a worker before submitting your study permit application.
4. What happens if my application is refused?
   If your application is denied, you must leave Canada immediately. Overstaying can lead to removal orders and impact future visa applications.

By understanding the process and acting promptly, temporary residents can restore their legal status and continue working, studying, or exploring opportunities in Canada. Stay updated on the latest immigration news to make informed decisions about your status restoration process.