ARCHIVED – Operational Bulletins 130 – July 2, 2009

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Restoration Guidelines

This operational bulletin has expired. Please refer to chapter IP 6 for current information.

Background

The application to have temporary resident status restored, if submitted within 90 days of losing it, is made as a result of failing to comply with any of the conditions imposed under R185(a), R185(b)(i) to (iii) or R185(c). The application shall be approved if the officer is satisfied that the foreign national continues to meet the initial requirements of their stay, except for the circumstance that caused the violation, and has not failed to comply with any other imposed condition.

The current wording of R182 , which describes whether the requirements for restoration of temporary resident status have been met, is challenging when the client’s status has changed since their initial entry into Canada. The primary source of the current debate stems from whether the phrase “the initial requirements for their stay” refers to R179 . Discussions also center on whether the reference to the client meeting “the requirements applicable to that class” refers to the class in which the client initially entered Canada or to the class for which they are currently applying.

Current policy and procedures

In keeping with a strict interpretation of the Regulations, the operational procedures have tended to restrict the client to being restored to the original status of the class in which they came to Canada, if they still meet the requirements associated with that class. For example, if a client came to Canada as a student, they would be restored if they still met the requirements associated with the student class. However this practice is not without risk, as the tendency in this situation would be to weaken what would otherwise be sound policy. In situations where the student may have changed their class within Canada to that of a worker by legitimately applying for a work permit from within Canada during their authorized period of stay, and later applied to restore temporary resident status in Canada as a worker because of some breach of conditions, they would no longer be entitled to do so because they are no longer a student.

General guidelines

The phrase “initial requirements for their stay” should not be read too literally when it is being applied in the context of a restoration application, and the requirements of R179 should not be applied rigidly in that regard. The preferred interpretation in this context would be that the person seeking restoration must meet the requirements of the class under which they are currently applying to be restored as a temporary resident. The desired approach to the restoration provision R182 is to be facilitative and consistent with the current approach to extension applications provision R181, since the two provisions are similar in nature and R181 actually refers specifically to the requirements of R179

Three possible scenarios which fall under the purview of restoration of status can be described as follows:

  1. A foreign student who is still in status can apply in Canada for a work permit under certain conditions. By inference, the foreign student can apply for a work permit when restoring status.
  2. A temporary foreign worker who is still in status can apply in Canada for a study permit if they meet certain conditions. By inference, they can also apply for a study permit when restoring status.
  3. A temporary resident who is eligible to apply in Canada for a work or study permit would be allowed to do so when restoring their status.
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