Losing legal immigration status in Canada can lead to serious consequences for temporary residents, including Ukrainian nationals residing under programs such as CUAET. Situations where work permits, study permits, visitor status, or even passports expire are common, often due to missed deadlines or challenges in renewing documents. However, Canadian immigration law provides an opportunity to correct the situation through the Restoration of Status procedure.
In this material, you will learn:
- Who qualifies for Restoration of Status;
- What deadlines and legal rules apply;
- What steps to take if the allowed period is missed;
- Financial and legal considerations for individuals in this situation.
What is Restoration of Status and Who Can Apply
Restoration of Status is a legal procedure that allows individuals to regain temporary resident status in Canada after their previous permit (work, study, or visitor) has expired, provided they have remained in Canada and have not committed other immigration violations.
Key conditions include:
- An application can only be submitted within 90 calendar days from the date of status expiry;
- Restoration is only possible for the same category of status previously held (e.g., individuals with expired work permits may apply only to restore their work authorization, not to change their status to student or visitor);
- During the waiting period for a decision, the applicant is not permitted to work or study if their previous authorization has expired;
- Any breach of these conditions may lead to refusal of restoration and additional legal complications.
Procedure and Deadlines for Restoration of Status
Applicants must act promptly and comply with formal requirements to restore their status.
The process involves:
- Submission of the application strictly by mail; online submission is not permitted, making it more difficult to track processing progress;
- After receiving the documents, IRCC sends confirmation by mail to the applicant’s address — this is a positive sign but not a guarantee of approval;
- Processing times vary depending on case complexity and IRCC workload, typically ranging from several months to two years.
During the entire waiting period:
- Applicants must comply with all conditions of stay and refrain from working or studying;
- It is essential to renew your passport if it has expired, as a valid passport is required for any positive decision.
What to Do if the 90-Day Period Has Passed
If more than 90 days have passed since the expiry of your status and you remain in Canada:
- You can no longer apply for Restoration of Status through the standard procedure;
- The only available option is to apply for a Temporary Resident Permit (TRP);
- TRPs are granted only in exceptional circumstances, and applicants must demonstrate compelling reasons;
- The TRP process is more complex, has uncertain processing times, and requires strong legal justification.
Financial and Legal Considerations
Applying for Restoration of Status involves:
- A mandatory fee of $200 CAD for the restoration process itself;
- Additional government fees for obtaining a new work permit, study permit, or visitor record, if applicable.
Until a positive decision is made, applicants are not permitted to:
- Engage in any paid or volunteer work;
- Enroll in educational programs or training;
- Access provincial healthcare coverage or other social services reserved for legal temporary residents.
Any violation of these restrictions can automatically result in a denial of restoration and further legal consequences.
Recommendations
To avoid complications:
- Monitor the expiration dates of your permits and passport well in advance;
- If your status has expired, act immediately and prepare your application without delay within the 90-day period;
- Gather all required documents and ensure all government fees are paid before submission;
- Closely monitor your postal correspondence, as decisions and confirmations are sent by mail only;
- If the 90-day period has passed, consult with an immigration lawyer immediately regarding the possibility of applying for a TRP or other legal options.
Conclusions
Restoration of Status is a legally available mechanism that allows individuals who have lost their temporary resident status in Canada to restore it without leaving the country. However, this process has strict deadlines, financial obligations, and limitations on permitted activities during the processing period.
Failure to comply with the timelines or conditions of stay complicates the situation and may lead to additional legal risks. Prompt action, proper legal preparation, and strict adherence to Canadian immigration requirements are essential to successfully restoring status and avoiding more complex legal challenges.
