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If you are a temporary resident in Canada, such as a visitor, student, or worker, you may want to extend your stay or change the conditions of your stay. However, you need to be aware of the difference between restoration of status and extension of status, as they have different eligibility requirements, different implication for you continued stay in Canada and different application processes. This article will help you understand these differences between these two concepts under the Immigration and Refugee Protection Regulations.
What is an extension of status?
Extension connotes extending a current valid status. Extension of status or extension of temporary resident status means that you are applying to prolong your authorization to stay in Canada before your current or existing status expires. For example, if you have a visitor visa that allows you to stay in Canada until December 31, 2023, and you want to stay longer than that period, you need to apply for an extension of status before that date. Another example is if you have a valid work permit that expires in January 31, 2024 and you want to continue to work in Canada, you need to apply for a new work permit or an extension of status before that date.
To apply for an extension of status, you need to meet the following requirements:
- You must apply online using the appropriate application form and pay the required fees.
- You must continue to meet the initial requirements for your stay and comply with all the conditions imposed on you.
- You must have a valid passport or travel document.
- You must have a valid temporary resident visa (TRV) or electronic travel authorization (eTA), if applicable.
If you apply for an extension of status before your current status expires, you can stay in Canada under the same conditions until a decision is made on your application. In the case of a work permit holder, you can stay in Canada and continue to work pending the determination of your application. This is called implied status. However, if you leave Canada while your application is in process, you may lose your implied status and need a valid TRV or eTA to re-enter Canada.
What is a restoration of status?
Restoration connotes restoring a status that has been lost. Restoration of status means that you apply to regain your temporary resident status after it has expired. An example is where you have a work permit that expired on January 31, 2023, and you want to continue working in Canada, you need to apply for a restoration of status within 90 days of your work permit expiration date.
To apply for a restoration of status, you need to meet the following requirements:
- You must apply online using the appropriate application form and pay the required fees, including the restoration fee.
- You must have lost your status only because you failed to comply with the conditions related to the period, type, or location of your work or study in Canada.
- You must not have failed to comply with any other condition imposed on you, such as leaving Canada by a certain date or reporting to an officer.
- You must not be the subject of a declaration that you are inadmissible to Canada for security, human or international rights violations, serious criminality, organized criminality, or health reasons.
- You must continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable.
If you apply for a restoration of status within 90 days immediately after losing your status, you must remain in Canada until a decision is made on your application. You do not have implied status during this period, which means you cannot work or study until your status is restored. If you leave Canada while your application is in process, you may not be able to re-enter Canada. If you do not apply for or file your restoration of status application with 90 days immediately after losing your status, unfortunately you will have to leave Canada and reapply from outside Canada.
What happens when you do not apply for an extension or restoration of status?
If you do not apply for an extension of status before your current status expires, or a restoration of status within 90 days of losing your status, you will be considered out of status in Canada. When you are out of status in Canada, it means that you have no legal right to stay or remain in Canada and you may be subject to removal from Canada. You may also face difficulties in obtaining a new temporary resident status or permanent residence in Canada in the future. Therefore, it is important to keep track of the expiry date of your status and apply for an extension or restoration of status as soon as possible.
The processing time for an extension or restoration of status depends on various factors, such as the type of application, the completeness of the application, the verification of the information, and the response time of the applicant. The processing time may also change depending on the volume of applications received by the immigration authorities.
These processing times are only estimates and do not guarantee the actual time it will take to process an application. Where an applicant applies for an extension of status before their current status expires, they can stay in Canada under the same conditions until a decision is made on their application.
If you are wondering what type of intervention your immigration situation requires, please seek competent legal advice from a licenced legal professional or contact us at admin@arcstonelaw.com.