Restoration Of Status For International Students
3 - Restoration of Temporary Resident Status
At The Black Bear Canadian Immigration Services, we understand that losing temporary resident status can be stressful and overwhelming. Our goal is to guide you through the restoration process with clarity and support, ensuring you regain your status and continue your journey in Canada.
Understanding Your Rights and Responsibilities
If you have lost your temporary resident status—whether due to an expired permit or failure to comply with the terms of your stay—restoration is possible. Under Section 47 of the Immigration and Refugee Protection Act (IRPA), individuals can apply for restoration within 90 days from the date their status was lost.
However, it’s crucial to note that restoration only applies to the same status you held prior to your application. For example, if you were a student, you cannot restore your status with a work permit; you must apply to regain your student status.
Key Steps in the Restoration Process
- Eligibility Requirements:
- Submit your application within 90 days of losing your status.
- Meet the initial requirements for your stay in Canada.
- Remain in Canada while your application is being processed.
- Ensure compliance with all conditions imposed on your temporary resident status.
- Specific Conditions for Restoration:
- Your status must have been lost due to non-compliance with specific conditions (e.g., expiry of authorized stay, work or study restrictions).
- Individuals must not be the subject of a declaration under subsection A22.1(1).
- Application Submission:
- All applications must be submitted electronically, except for specific programs exempt from this requirement.
- Ensure all required documentation and fees are included with your application.
- Restoration Fees:
- When applying for restoration, the corresponding fees must be paid. If you also need a work or study permit, additional fees will apply.
Scenarios for Restoration
- For Students: If you were a student who lost your status, you may apply to restore your temporary resident status and study permit. If eligible, you can also apply for a post-graduation work permit (PGWP).
- For Workers: Temporary residents with an expired work permit can apply to restore their status and obtain a new work permit within the 90-day window. You may also apply for a study permit if you meet the necessary criteria.
- For Visitors: Visitors out of status can apply to restore their temporary resident status. If eligible, they can also apply for a work or study permit concurrently.
The Restoration Process: Step by Step
- Application Receipt: The Case Processing Centre in Edmonton (CPC-E) receives your application, verifies documentation, and ensures all fees are paid.
- Assessment of Eligibility: An officer reviews your application to determine if you meet the criteria for restoration. If eligible, they will proceed with a comprehensive assessment, including any necessary medical examinations.
- Approval or Refusal:
- If approved, you will receive a visitor record or the appropriate permit outlining your restored status and any conditions.
- If not approved, you will be notified and required to leave Canada immediately.
- Potential for Interview: In some cases, your application may be referred to a Domestic Network office for further assessment. An interview may be required to clarify details regarding your application.
Why Choose The Black Bear Canadian Immigration Services?
At The Black Bear Canadian Immigration Services, we are dedicated to helping you navigate the complexities of the Canadian immigration system. Our experienced consultants will provide personalized support throughout the restoration process, ensuring you have the best chance of success. We’ll assist you in preparing your application, gathering necessary documentation, and understanding your options every step of the way.
Take the Next Step: If you have lost your temporary resident status, don’t hesitate to reach out to us. Together, we can work towards restoring your status and securing your future in Canada.
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Schedule a meeting at one of the offices or online. A lawyer will analyze the situation, calculate the cost and help you find a solution based on your goals.
- Preparation of documents
- Due Diligence