RESTORATION OF
TEMPORARY RESIDENT STATUS
Find Everything You Need To Apply for Status Restoration And Maintain Your Stay In Canada
If a temporary resident in Canada has lost their status due to the expiration of their authorization to work or study, or due to other non-compliance under section 47 of the Immigration and Refugee Protection Act (IRPA), they may apply to have their status restored in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR). Below is an overview of the eligibility requirements, application process, and possible outcomes for restoring temporary resident status.
ELIGIBILITY CRITERIA
An individual can restore only the status and authorization they held prior to the loss of status. For example, a student who lost their status cannot restore it with authorization to work.
Eligibility Requirements for Restoration of Status
To be eligible for restoration, applicants must:
Apply within 90 days of losing their status.
Fulfill the original requirements of their stay.
Remain in Canada until a decision on their application is reached.
Ensure they have not breached any condition imposed by regulation [R183] or by an immigration officer [R185], other than the following.
Continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable
Paragraph R185(a)
An officer may impose, vary or cancel the following specific conditions on a temporary resident:
-
the period authorized for their stay;
-
the work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
-
The type of work,
-
The employer,
-
The location of the work,
-
The times and periods of the work, and
-
In the case of a member of a crew, the period within which they must join the means of transportation;
-
-
The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including
-
the type of studies or course,
-
the educational institution,
-
the location of the studies, and
-
the times and periods of the studies;
-
-
the area within which they are permitted to travel or are prohibited from travelling in Canada; and
-
the times and places at which they must report for
-
medical examination, surveillance or treatment, or
-
the presentation of evidence of compliance with applicable conditions.
-
Subparagraphs R185(b)(i) to (iii)
The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
-
type of work
-
employer
-
location of work
Paragraph R185
The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
-
type of studies or course
-
educational institution
-
location of the studies
-
times and periods of the studies
IMPORTANT INFORMATION
Ninety-day period
-
Foreign nationals have 90 days from the date they lose their temporary resident status to apply for restoration. Under section A47, status is lost on expiry of the period of authorized stay or on determination by an officer that the foreign national has failed to comply with any other requirement of the IRPA.
-
Under section A47
-
a period of authorized stay includes periods of status imposed by operation of law (maintained status) under subsection R183(5)
-
if an application is rejected under section R12 as incomplete, there is no extension of the period of authorized stay (maintained status)
-
-
Under paragraph R222(1)(a), a study permit becomes invalid 90 days after the student completes their program of study.
-
-
If an application for an extension of temporary resident status under section R181 is refused, the foreign national has 90 days from the date of the refusal notice to apply for restoration, if otherwise eligible.
-
If an application for an extension is received after the temporary resident status is lost, the case processing centre (CPC) should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.
-
Foreign nationals have 90 days from the date their status expired to submit their restoration application and pay the corresponding fee.
Continuation of work or study
-
Foreign nationals applying for restoration have lost their status and authority to work or study. They may not continue to work or attend school until their status and authorization have been restored and a new work or study permit has been issued.
-
Foreign nationals who have failed to comply with the conditions imposed under section R185 need to apply in Canada for restoration of their status or leave Canada immediately.
Leaving Canada
Restoration of status cannot be granted at the port of entry.
If a foreign national leaves Canada, they will be deemed to be seeking a new entry on their return, and the previous non-compliance with imposed conditions may make them inadmissible to Canada as per section A41 and subsection A29(2).
During the processing of a restoration application, should an officer determine that the foreign national has left Canada, the officer shall refuse the application restoration as the foreign national is no longer eligible. In this situation, processing fees are not refunded.​
RESTORATION SCENARIOS
Students
A temporary resident who held a study permit and has lost their status can apply in Canada for restoration of their temporary resident status and study permit. They may also apply and pay for a work permit if they meet the requirements of the work permit program they are applying for. If they are approved for the study permit, the work permit application will then be processed.
Workers
A temporary resident who held a work permit and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work within 90 days of having lost their status. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees, if they meet the requirements for study permit issuance. The study permit will only be assessed after the work permit and restoration applications are approved.
​Visitors
A visitor who is out of status may apply to restore their status as a temporary resident. Temporary residents who are eligible to apply in Canada for a work or study permit [R199 or R215] may do so when restoring their temporary resident status. The fees for the study or work permit must be paid in addition to the restoration fee, unless they are otherwise exempt.
Temporary resident permit (TRP) holders
A temporary resident permit (TRP) holder who has let their permit expire is not eligible for restoration. They must submit an application for a new TRP.
Note: The person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the IRPA in order to qualify for a new TRP.
RESTORATION FEES
​Foreign nationals applying for restoration must pay all the corresponding fees. Any foreign national applying to restore as a temporary resident must pay only the restoration fee. However, if the foreign national also requires a work or study permit, they must pay the cost recovery fees for each permit in addition to the fee for restoration, unless they are otherwise exempt.
As an example, a study permit holder who is applying to restore their study permit must submit the fees for both restoration and a study permit. If they wish to apply for a work permit in addition to restoration and the study permit, they must also pay the work permit fee. The officer first evaluates the restoration application and, if approved, processes any application for a study or work permit.
Processing and collection of the fee: $229 per individual
-
$229 for visitors;
-
$379 for applicants who also require a study permit ($229 for the Restoration of temporary resident status processing fee and $150 for the study permit); and
-
$384 for applicants who also require a work permit ($229 for the Restoration of temporary resident status processing fee and $155 for the work permit).
CASE PROCESS
Process at the Case Processing Centre in Edmonton (CPC-E)
Step 1:
The Case Processing Centre in Edmonton (CPC-E) receives the restoration application and ensures that all the required documentation and fees (restoration fee plus any permit fee, if applicable) are included.
Step 2:
The officer assesses the applicant’s eligibility for restoration.
If the applicant is eligible for restoration, the officer
-
proceeds with the assessment of the application (medical results, bona fides, etc.)
-
issues medical instructions if a medical examination is required by mailing the following to the client:
-
medical instructions
-
a medical examination form [IMM 1017]
-
panel physician list
-
If all requirements are met, including medical examination results, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.
If the applicant is not eligible for restoration, the officer
-
refuses the application, and the applicant is notified in writing that they must leave Canada immediately
-
determines whether a section 44 report may be warranted due to a possible violation of the IRPA or IRPR
-
writes case notes detailing the violation
-
refers the application to a Domestic Network (DN) office near the applicant’s place of residence for further assessment and possible interview
-
Process at Domestic Network (DN) office (if applicable)
If CPC-E refers the restoration application to a local office, the DN officer may call the applicant in for an interview to gather additional information. At or following the interview, or upon review of the application, the officer will either approve or refuse the application.
-
If the application is approved and restoration is granted, a visitor record or appropriate permit outlining the new conditions is issued to the applicant.
-
If restoration is refused, the decision is communicated to the applicant. A letter is given to the applicant notifying them of the refusal and the reasons for it.
Note: Refused applicants are advised that they must leave Canada immediately.
