Restoration of Status in Canada
Upon entering Canada, each foreign national obtains a certain status (visitor, worker, student) for a specified period:
- Visitors are generally allowed to stay in Canada for up to six months from the date of entry.
- Students are issued permits depending on their academic program’s duration, which can be up to four years.
- Workers are issued permits depending on the duration of their job offer or as stated on the Labour Market Impact Assessment (LMIA) or their contract if they are LMIA exempt.
If a visitor, student, or foreign worker loses their immigration status because their permit expired, they can still submit an application as long as no more than 90 days have passed since expiration.
Perhaps the permit holder has applied to extend their status but was refused, then most likely, they were given 90 days to submit a new application to restore his or her status.
Important: Restoration of Status only applies if the foreign national has not been out of status for more than 90 days, and they have not failed to comply with the conditions of their permit.
An application to restore temporary status can only be done while inside Canada. Leaving Canada will trigger the need for an entirely new application before or upon entry.
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