It happens that you get caught up with your study, and simply forget that your study permit has expired, now you find yourself have lost status in Canada. It is not the end of the world, there are still ways for you to apply to restore your temporary resident status. This restoration of temporary resident status also applies to people who lost their status as a foreign worker or visitor. This article applies to those who have lost their status because 1) they have failed to leave by the end of the authorized period for their stay, 2) they failed to comply with the conditions including the type of work, employer, or location of work as authorized, 3) they failed to comply with the conditions including the type of studies or course, educational institution, location of the studies, and times and periods of the studies.
To be eligible to restore your status, you must apply within 90 days of having lost your status. If an applicant applies to renew their status before the status expires, they have the implied status until the refusal. The 90 days clock start from the day of refusal notice. Caselaw has provided thatit is unreasonable to expect a temporary resident to apply for restoration for his or her status until they are informed that their request for extension has been refused and that restoration is required. Thus, the 90 days start from the day that they have been informed of the refusal.
If an applicant applies to renew their status after their status expires,but within the 90-day restoration period, then the applicants have 90 days from the date their status expired.
In addition, you have to meet the initial requirements for your stay and have not failed to comply with any other condition; meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
Those who are waiting for the restoration have lost their status and may not continue to work or attend school. It is rare that the Canada Border Services Agency will issue a removal order against someone who has applied for restoration of status. In a case, the federal court has ruled that it was not fair and in accordance with the principles of natural justice and the meaning of s. 182 of the Immigration and Refugee Protection Regulations to issue the exclusion order based on a loss of status without deciding the application to restore the permit. It could not be said that a temporary resident who had applied for restoration of his permit in a timely manner, as he was entitled to do under the Regulations, had failed to comply with or breached the Immigration and Refugee Protection Act.
If your application to restore is refused, you need to leave Canada immediately.
This article is intended for information purpose and does not constitute any legal advice. To speak with an immigration lawyer, please reach out to us directly for a consultation.
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