Restoration of Status Canada

Sebastian is a Bolivian citizen. He travelled to Canada seven months ago. Upon entry, a border services officer allowed Sebastian to stay in Canada for six months. However, he overstayed. Consequently, Sebastian wonders what his options are. He has heard of the Restoration of Status in Canada. A friend of Sebastian says he has to go for it. However, Sebastian is not quite sure about this option.

When you enter Canada temporarily, you need to leave the country before your status expires. Continue reading to know more!

• The validity of a temporary status
• Do I need to apply for restoration of status while I have status?
• Can I apply for a restoration of status if my status is expired?
• How do I apply for the restoration of status?
• What about my family members?
• The approval of the restoration request
• What if they refuse my restoration application?
• Let us help!

Think about the validity of your stay before the restoration of the status

Consider the restoration of status as a last resort. Therefore, to avoid any issues, explore the expiry date of your status.

• Visitors: When you enter Canada, a border services officer decides how long you may stay in Canada. Of course, if they do not stamp your passport, you may stay for up to six months. Similarly, if they stamp your passport but do not add an expiry date, you could stay for up to six months in Canada. However, they sometimes add an expiry date or pass you a Visitor Record. Thus, you need to leave Canada before the expiry date on your entry stamp or the Visitor Record.
• Workers without a work permit: If you may work in Canada without a permit, then your situation is similar to a visitor. In other words, you may stay in Canada for up to six months. Of course, a border services officer could limit or extend your stay on a Visitor Record.
• International students: You will receive a Study Permit at the port of entry. Consequently, you need to leave Canada if any of the following happens first.
  • Ninety days have passed since you finished your studies.
  • The expiry date on the Study Permit
• Workers with a work permit: A work permit includes an expiry date. Therefore, you need to leave Canada on that date.

Of course, if you receive an enforceable removal order, you need to leave Canada as quickly as possible. Needless to say, a removal order invalidates your work permit, study permit or temporary stay in Canada.

Do I need to apply for restoration of status while I have status?

Considering what I explained above, if your status is still valid, you do not need to apply for a restoration of status. However, if you intend to remain in Canada beyond your status’s validity, you need to do something about it. Luckily, I have another article that explains your options:

• Extend your Stay in Canada or Change your Status

Can I apply for a restoration of status if my status is expired?

The very purpose of a restoration application is to revive an already-lost status. However, you need to meet certain conditions:

• The authorities must receive your application in less than 90 days since the time you lost your status.
• While you had the status, you never breached the conditions attached to it.
• You still meet the conditions that resulted in your previous status.
• The immigration authorities have not decided to cancel your temporary status because of public policy.

How do I apply for the restoration of status?

You must apply online. However, if the online application is not an option due to a physical or mental disability, you could apply on paper. The main application form is IMM5708. Of course, you need to include several convincing documents as well. The processing fee is currently $200 for these types of applications. Of course, if your biometrics are not valid, you need to provide biometrics, which costs you another $85.

What about my family members?

The restoration of status covers one person at a time. Therefore, if you have family members who have lost their status, they must apply separately.

What happens if they approve my restoration application?

If the officer approves your application, then you may stay in Canada. However, you need to carefully read the conditions attached to the new status, including but not limited to the date that you need to leave Canada.

What if they refuse my restoration application?

If they refuse your application, you need to leave Canada immediately. However, you could consider hiring a lawyer and filing for judicial review. Some potential options could be a TRP or an H&C application. Of course, you must meet the criteria.

Let us help!

If you wish, we help you with your restoration application, fill out the following contact form, and we will get back to you as soon as possible. Of course, you could use this form for any other issues you are facing. However, for the restoration of status, select “Expired Status.” Alternatively, you could fill out our assessment form or book a consultation session with me.

Relevant article:

• Restoration of status after 90 days in Canada