Restoration of Status

Restoration of Status

Restoration of status allows a temporary resident to regain their legal status in Canada after it has expired. Under Section 182 of the Immigration and Refugee Protection Regulations (IRPR), a foreign national may apply for restoration if:

  • They apply within 90 days of losing their status.
  • They continue to meet the initial requirements of their stay.
  • They have not violated any other immigration conditions beyond overstaying their authorized period.
  • They remain in Canada throughout the restoration process.

At Kahlon Law Office, we assist clients in navigating the Restoration of Status process, ensuring compliance with all legal requirements and maximizing the chances of a successful application.

What are the eligibility criteria for restoration?

You may apply to restore your visitor, student, or worker status if:

  • Your status expired within the last 90 days.
  • You did not engage in unauthorized work or studies.
  • You were compliant with the conditions of your permit prior to expiration.
  • You submit a complete application with the necessary fees.

If more than 90 days have passed, restoration is no longer an option, and alternative legal pathways must be considered.

What are the key considerations for students & workers?

  • Students: You cannot continue studying while awaiting restoration. This means you must pause your academic program until your status is restored.
  • Workers: You cannot work while your restoration application is in progress. Unauthorized employment during this period may lead to further immigration complications.
  • Family Members: If your spouse, common-law partner, or dependent children are in Canada under your status, they must also apply for restoration separately.

What do legal precedents say about restoration?

Recent court decisions have clarified various aspects of restoration applications:

  • Shekhtman v. Canada (Citizenship and Immigration): Established that IRCC must provide evidence of when a refusal decision was communicated, impacting the 90-day restoration window.
  • Yu v. Canada: Reinforced that a foreign national who has timely applied for restoration should not automatically be subject to removal orders.

What are the risks & common pitfalls in restoration applications?

Failure to meet the 90-day deadline results in an automatic refusal.

  • Unauthorized work or study can lead to inadmissibility issues.
  • Leaving Canada while the application is in process results in automatic refusal.

How can Kahlon Law Office Help?

At Kahlon Law Office, we provide comprehensive legal guidance to ensure your restoration application is prepared correctly. Our firm can assist with:

  • Reviewing your case and determining eligibility.
  • Drafting a compelling explanation letter to strengthen your application.
  • Ensuring full compliance with IRCC regulations.
  • Navigating complex cases, including those involving previous refusals.

If you have lost your status in Canada, time is critical. Contact Kahlon Law Office today for a consultation and let us help restore your legal status efficiently and effectively.