If you ran out of your temporary permit to stay in Canada, then there is still one last chance to reframe the entire episode into a new permit. As per the federal law of Canada, under the section of 182 of the Immigration and Refugee Protection Regulations, if any visitor or a worker or a student loses their status, they can always reinstate or restore their status.
Eligibility requirements as per Canadian Government Release:
The applicant must:
- The applicant must be applying within 90 days of having lost their status.
- You must qualify the basic requirements for the stay.
- Must not fail to comply with any else conditions.
- Must meet the requirements for the category under which they will be applying
- The reason of status running out should be either one of it:
- Paragraph R185(a)
The period authorized for their stay.
- 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, and
- Location of work.
- Paragraph R185(c)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, and
- Paragraph R185(a)
Continue to work or study
Irrespective of the status of the applicant, the immigration office will recognize the person’s restoration meanwhile the applicant may not continue to work or neither can attend school.
You cannot be granted restoration at the port of entry. All those who failed to comply under the conditions, which falls under section R185 will have to apply in Canada for their restoration status. Once they leave, they will be asked to seek for a new entry on their return.
“Initial requirement for their stay” should not be read literally when we are discussing the matter of restoration application and the requirements of section R179 and must not be applied rigidly in that regard. The interpretation which is preferred in this context must be that the person who seeks restoration should meet the requirements of the section under which he is currently applying and must be restored as a temporary resident. The approach to the provision of the restoration of section R182 is to be facilitative and consistent with the onboard approach to the extension applications for the provision in section R181 since both the provisions are somewhat similar in nature.
Possible restoration scenarios:
- A foreign student, who is currently serving under the status, can also apply in Canada for the work permit under various conditions.
- A foreign worker, who is currently serving under the status, can also apply in Canada for the work permit under various conditions.
- When it comes to a temporary resident, all those who are eligible to apply for work or study permit in Canada would be allowed for the restoring process too.
How can we help?
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