Restoration of status after 90 days in Canada
You may submit a restoration of status request in Canada within 90 days of losing it. Of course, you may do so only if you are not inadmissible to Canada. What if, for any reason, you pass the 90-day deadline. Can you file for restoration of status after 90 days in Canada?
- Permanent status in Canada
- Temporary status in Canada
- Restoration of status in 90 days
- Restoration of status after 90 days
- Let us help!
Who has permanent status in Canada?
Canadian citizens have permanent status in Canada. Also, permanent residents of Canada have permanent status if they comply with the requirements, namely:
- Meeting the residency obligations
- Not becoming inadmissible to Canada
Other people or rather foreign nationals do not have permanent status in Canada. However, they may still have temporary resident status in Canada.
Who has temporary status in Canada?
Before discussing the restoration of status after 90 days, let’s discuss temporary status in Canada. Foreign nationals could have temporary status in Canada because they are
- business visitors,
- workers who are exempt from a work permit,
- students who are exempt from a study permit,
- international students,
- temporary foreign workers,
- protected persons (except for designated foreign nationals), or
- TRP holders.
Visitors, business visitors, and people exempt from a work or study permit
Not every visitor has temporary status in Canada. Of course, you have temporary status in Canada if any of the following applies to you:
- You entered Canada legally without any issues. Nonetheless, you have been in Canada for less than six months, or the date the officer has indicated in your passport.
- The Visitor Record you hold is still valid.
- You have a maintained status in Canada.
These conditions apply to the first four groups I mentioned above. Regardless, an enforceable removal order cancels the temporary status of any foreign national in Canada.
International students and temporary foreign workers
Most of these people have valid status in Canada. However, you do not have temporary status in the following situations:
- The permit includes this phrase or something similar: “does not confer temporary resident status.”
- You have passed the expiry date of the permit. Nonetheless, you may still have status if you have applied for a change or extension of your status before the permit’s expiry date.
- Authorities have issued an enforceable removal order against you.
- You are a refugee claimant.
Restoration of status in 90 days
If you lose your temporary status, you may apply for a restoration of status within 90 days of losing the status. However, you may not apply beyond 90 days. Also, you can’t apply if you are inadmissible to Canada. Luckily I have another article that explains the restoration of status in detail.
Restoration of status after 90 days
The Restoration of Status application is not available after 90 days. Nonetheless, there are some options that you could use to become a temporary resident again. Here are some main options:
- If possible, leave Canada and come back. Of course, you may do so if you are a US citizen or have a valid eTA or TRV. Also, get ready for potential complications at the port of entry. Moreover, do not flagpole!
- Apply for a TRP. However, you will only regain status if IRCC approves your application.
- Suppose you are facing a removal order, and file for PRRA. Unfortunately, this option is not available to some failed refugee claimants.
- Apply for a PR status under the H&C. Of course; you must meet the conditions. Regardless, you are not immune to removal orders while waiting for stage-1 approval.
- You could hire a lawyer and file for Judicial Review in certain situations. However, contact an immigration lawyer to see if this is an option.
Let us help!
If you want to restore your status after 90 days or within 90 days of losing the status, fill out the following form. Alternatively, you may book a consultation session with me. However, for immigration options, please fill out our assessment form.
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Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.
Al Parsai, LLM, MA, DTM, RCIC
Regulated Canadian Immigration Consultant
Adjunct Professor – Queen’s University – Faculty of Law
Ashton College Instructor – Immigration Consulting
Author – 88 Tips on Immigration to Canada
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This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.
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