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Restoration of Status 

Temporary Residents are required to continuously maintain temporary resident status while in Canada. On occasions, temporary residents may lose their status due to reasons beyond or within their control. As per s.47 of the Immigration and Refugee Protection Act (IRPA), students, workers, and visitors may lose their temporary resident status: At the end of the period for which they are authorized to remain in Canada; on a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of the Act; or on cancellation of their temporary resident permit.

 

Before the expiration of 90 consecutive days after losing temporary resident status, a person may apply to have their status restored. However, the status must have been lost as a result of staying in Canada longer than the authorized period of stay; changing employers, location of employment, or type of work prior to being issued a new work permit; or changing a condition on a study permit without authorization. The requirements of the initial permit must continue to be met.

 

Because a loss of temporary resident status has occurred, a person does not have implied or maintained status when they submit an application to have their status restored and as such, are not permitted to work or attend school until their status have been restored and a new work or study permit have been issued. 

UPDATE: Due to the COVID-19 pandemic, visitors, students and workers whose valid temporary status expired, or expires, between January 30, 2020, and May 31, 2021, will have until August 31, 2021, to restore their status. In addition, the public policy will continue to allow former work permit holders applying for an employer-specific work permit to work while a decision on their restoration application is pending.

Need Help?  If you have lost your temporary resident status and require assistance to restore same, please reach out to us using our contact form

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