There is often confusion between extending your stay as a temporary resident, whether you are in Canada as a visitor, for work, or for school, and restoring your status as a temporary resident.
If your visa has not expired, then thirty days before it does expire, you may apply to extend your temporary resident status. However, if your status has expired, within ninety days, you may make an application for restoration of your status.
Some requirements that must be met in order to be eligible to restore your status include;
- Applying within ninety days of having lost your status
o This includes implied status
- This means that if you applied for an extension of your status and your visa or permit expired at this time, you are still considered to be under implied status
- Continuing to meet the initial requirements of your stay
- Meeting the requirements of the class you are currently applying to be restored as temporary resident
- Not failing to comply with other conditions
o You will only be eligible if you lost your status for the following reasons,
- You stayed beyond the authorized amount of time
- You changed employers, location or work, or type of work without authorization to do so
- You changed education institutions, location of study, or type of studies without the authorization to do so
- Not failing to comply with any other conditions aside from those mentioned above
It is important to note that, unlike many other applications, while you are waiting to have your status restored, you have lost your status and may not be considered to have implied status; therefore barring you from continuing school or work. Similar to the application to extend your status, you may wish to simultaneously apply for a work or study permit.
At Akrami & Associates, we may assist you with any concerns you may have as well as support you through the application process. Call us today talk to us about your situation. Our legal representatives will help you to the best of our abilities.