Travelers who are authorized to enter Canada can be admitted in three categories:
- visitors
- students
- workers
In all cases, they are considered "temporary residents", and are given temporary resident status for a limited and fixed period of time. Those who fail to comply with conditions under which they were granted temporary status may put themselves at risk of losing their legal status in Canada, resulting in being required to depart the country. In some cases, there are ways of restoring your status.
Requirements for Restoration of Status
Failing to adhere to the original conditions of your status can make it impossible for you to apply for a renewal or extension.
The first step towards restoration of status is often getting in touch with a legal expert who can review your particular case, and help you determine the best course of action. Each situation is different, and you may need to obtain advice as to how to apply, and the best application method for restoration of status. Restoration of status requires payment of a restoration fee, as well as new resident fees.
According to IRCC (Immigration, Refugees and Citizenship Canada) Guide 5551:
You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, because you failed to comply with one or more of the following conditions:
- You remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
- You changed employers, location of employment, or type of work (occupation or level of responsibility) before obtaining a new work permit.
- You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
Note: If you leave Canada without your status being restored, you can no longer qualify for restoration. Instead, you must submit a fresh application, following the traditional visa application processes.
You cannot continue to work or study in Canada if you have lost your status.
