Restoration Status
Restoration status refers to the immigration status of an individual who had previously held a valid temporary or permanent status in Canada but allowed it to expire. When someone’s status in Canada expires, they become out of status, which means they no longer have legal authorization to stay in the country.
If a person wishes to restore their status, they must apply for restoration within a specific timeframe. The process and eligibility requirements for restoration vary depending on the type of status that expired. Here are some key points to understand about restoration status:
- Timeframe for restoration: The application for restoration must typically be submitted within 90 days of the expiration of the previous status. It’s crucial to apply for restoration as soon as possible to avoid further complications.
- Eligibility for restoration: To be eligible for restoration, individuals must demonstrate that they meet the requirements for the specific category of status they held previously. They must also have valid reasons for not applying for an extension or renewal before their status expired.
- Restoration application process: The individual needs to complete the appropriate application form, pay the associated fees, and submit the application package to the designated immigration office. The application should include all required supporting documents and a detailed explanation for the delay in applying for restoration.
- Implied status during restoration: While the restoration application is being processed, individuals may have implied status, which allows them to remain in Canada under the same conditions as their previous status. However, implied status is not guaranteed, and it’s crucial to ensure the restoration application is submitted before the expiry of the original status.
- Consequences of failure to restore status: If an individual fails to apply for restoration within the specified timeframe or their restoration application is refused, they may be required to leave Canada. They could face a period of ineligibility for future entry into Canada, depending on their circumstances.
It’s important to note that restoration status applies to individuals who have previously held valid temporary status, such as a work permit or study permit. For individuals who had permanent resident status that expired, different processes and considerations apply, such as applying for a Permanent Resident Card renewal or considering the options for reinstatement of permanent residency.