Restoration of Status Application in Canada

Restoration of Status Application in Canada

This article will explain what is needed of restoration of temporary resident status in Canada and the special provisions of the COVID-19 policy that extends the allotted time to apply for restoration of status. 

It is important for people with temporary status in Canada to maintain valid status. Maintaining valid status is important for many permanent residence applications and to facilitate returning to Canada as a temporary resident. 

Extension of Status

Generally speaking, it is illegal to remain in Canada beyond the validity of your status in Canada. This is typically 6 months from the date of entry or a date stamped on the passport by a border officer upon entry to Canada.

To extend your stay beyond six months, you would normally apply at least 30 days before the current status expires. After the application, your original temporary status (for example, as a visitor) continues under the same conditions until your application is finalized and you have been notified of a decision.

Restoration of Status

After your current status expires, you are no longer eligible to extend your stay as a visitor. Instead, you must apply to restore your status or you must leave Canada. A restoration application must usually be applied for within 90 days of the offense (loss of status).

What do I need to apply for restoration of status in Canada?

To apply for restoration of status you'll need:

  • To complete the application to change conditions 
  • Pay the restoration fee(s)
  • Provide full details on
    • why you want to stay longer
    • proof of current status in Canada
    • evidence as to how you will support yourself or be supported in Canada (proof of financial capability and other necessities such as health insurance, etc.)
    • Details about plans to leave Canada, particularly the date and time of departure and means of transportation, etc. 
    • you must be able to demonstrate that your residence in Canada is still temporary.

COVID-19 Policy for Restoration of Status

Due to the global health pandemic, the government initially enacted a special policy that gave temporary residents without status until December 31, 2020 to apply for restoration of status so long as they met the indicated criteria. 

The public policy has been extended to August 31, 2021. The public policy provides an exemption from the requirement to apply for restoration within 90 days of losing temporary resident status for all foreign nationals. To qualify you, you must meet the following criteria: 

  1. You are still in Canada 
  2. You had temporary resident status on January 30, 2020 and your status will expire on or before May 31, 2021

If so, you will have until August 31, 2021 to apply to restore your status instead of the current 90 days.

If your temporary resident status is restored, you will get a visitor record which allows you to remain in Canada until a specified date.

Do you have any more questions?

Feel free to contact me with any questions you may have.  

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