Restoration of Temporary Resident Status

If a student has lost their status, they may apply to reinstate or restore their temporary resident status provided they have not been out of status for more than 90 days, and they have not failed to comply with the specified conditions of their work permit. In other words, such applicants must apply for restoration of status within 90 days of having lost their status while they are still meeting the requirements for their status and have not failed to comply with any other conditions like working without being authorized to do so.

If a visitor, student or foreign worker applies to extend their status, before that status expires, they can legally remain in Canada until a decision is made on the application. In this situation, the person has implied status.

Students who were in status including implied status and have been refused an extension to temporary resident status have 90 days from the date of refusal notice to apply for restoration of their status.

The students who have applied for renewal of their temporary resident status before it expires and even if they enjoy implied status can continue to work or study whereas students awaiting restoration have lost their status and may not continue to work or attend school.

It is worth mentioning that restoration of status cannot be granted at the port of entry, such individuals need to apply from within Canada for restoration of their status. If they leave Canada, they will be deemed to be seeking a new entry on their return.