Restoration of temporary resident status
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.
If a visitor, worker or student has lost their status, they may apply to reinstate or restore their status in accordance with section 182 of the Immigration and Refugee Protection Regulations..
Note: This regulation only applies if the temporary resident has not been out of status for more than 90 days, and they have not failed to comply with the specified conditions.
Eligibility requirements for restoration of status
The applicant must
- apply within 90 days of having lost their status;
- meet the initial requirements for their stay;
- have not failed to comply with any other condition (e.g., working without being authorized to do so);
- meet the requirements of the class under which they are currently applying to be restored as a temporary resident.
- have lost their status because they have failed to comply with any of the following conditions:
- 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
- times and periods of the studies.
- Paragraph R185(a)
- Clients who have been refused an extension to their temporary resident status, and were in status (including implied status) until the refusal, have 90 days from the date of the refusal notice to apply for a restoration, if otherwise eligible.
- Clients who submit an application to renew their status after it has expired, but within the 90-day restoration period, receive a notice from the Case Processing Centre in Vegreville (CPC-V) warning them to apply for restoration. Clients have 90 days from the date their status expired to submit their restoration application and corresponding fee.
Continue to work or study
Contrary to applicants to whom we recognize an implied status, persons awaiting restoration have lost their status and may not continue to work or attend school.
Restoration of status cannot be granted at the port of entry. Individuals who have failed to comply with the conditions imposed under section R185 need to apply in Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.
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 section 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 of section R182 is to be facilitative and consistent with the current approach to extension applications of the provision in section R181, since the two provisions are similar in nature and section R181 actually refers specifically to the requirements of section R179.
Possible restoration scenarios
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.
- 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.
- 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.
Note: The person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the Act, in order to qualify for restoration.
Clients applying for a restoration must pay the corresponding fees. Any client applying to restore as a visitor must pay only the restoration fee (i.e., $200.00). However, if a client also requires a work and/or a study permit, they must pay processing fees for each permit in addition to the fee for restoration (i.e., $200.00 + permit).
The officer first evaluates the restoration application and, if approved, processes any application for a study and/or work permit.
Process at the CPC-V
The CPC-V receives the application and ensures that all the required documentation and fees are included.
If the applicant’s status has expired or they are otherwise in violation of the Act or Regulations, the officer
- writes a report outlining the allegations of the violation; and
- assesses the applicant’s eligibility for a restoration of status.
- If the applicant is eligible for restoration
The officer proceeds with the assessment of the application (medical results, bona fides, etc.).
If all other requirements are met, the officer issues a visitor record (or appropriate permit) outlining the conditions for the restoration of status. The document is mailed to the client.
- If the applicant not eligible for restoration
The Minister’s delegate decides on a disposition for the case. The following options are available:
- refer the case to an admissibility hearing,
- issue a departure order, or
- allow the foreign national to remain.
- If the applicant requires a medical examination
The following are mailed to the client:
- a medical examination form [IMM 1017],
- panel physician list, and
- If an interview is required because the applicant’s purpose is suspect or because the officer intends to refuse the application and needs more detailed information
The file is referred to a local IRCC office near the applicant’s place of residence for further assessment.
- If the applicant is eligible for restoration
At the interview, the officer either approves or refuses the application.
- If the restoration is granted, a visitor record or appropriate permit outlining the conditions for the restoration of status is issued to the applicant.
- If the restoration is refused, the decision is communicated to the applicant. A letter is given to the applicant notifying them of the refusal and the reasons for it.
Note: Refused applicants must leave Canada immediately.
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