Restoration of Student Status

Overview

The Restoration of Student Status program in Canada is designed for individuals who have lost their temporary resident status as a student. This often occurs when a study permit expires before a new one has been obtained, or when a student has violated certain conditions of their study permit. Losing your student status means you no longer have legal authorization to study in Canada.

How it works

The restoration process allows eligible individuals to apply to regain their student status. It is a discretionary application, meaning an immigration officer will review your case and decide whether or not to grant the restoration. If approved, you will be issued a new study permit, and your status as a student in Canada will be restored from the date the restoration is granted. It is critical to understand that during the restoration processing period, you are generally not authorized to study or work in Canada.

Who it's for

This program is for international students who are currently in Canada and have lost their student status but wish to continue their studies. To be eligible, you must have lost your status within the last 90 days and meet all other study permit requirements. It is also for those who may have breached a condition of their study permit but are still eligible for a study permit and wish to rectify their status. Individuals who have been out of status for more than 90 days are generally not eligible to apply for restoration from within Canada and may need to leave Canada and apply for a new study permit from outside.

To be eligible for Restoration of Student Status, applicants must meet several key criteria:

• Lost Status Within 90 Days: You must apply for restoration within 90 days of losing your temporary resident status. The 90-day period begins on the day your study permit became invalid or you breached a condition of your permit. If more than 90 days have passed, you are generally not eligible to restore your status from within Canada and may need to apply for a new study permit from outside Canada.

• Maintain Eligibility for a Study Permit: Even though you have lost your status, you must still meet all the general requirements to hold a study permit in Canada. This includes being accepted by a designated learning institution (DLI), having sufficient funds to support yourself and any accompanying family members, and meeting health and security requirements.

• Compliance with Conditions (if applicable): If you lost your status due to a breach of your study permit conditions (e.g., stopping studies, working without authorization), you must demonstrate how you have rectified the situation or provide a reasonable explanation for the breach. The immigration officer will assess your genuine intent to comply with conditions in the future.

• Current Presence in Canada: You must be physically present in Canada at the time of your application for restoration. Applications for restoration cannot be made from outside Canada.

• No Inadmissibility: You must not be inadmissible to Canada for any reason, such as criminality, misrepresentation, or health grounds. An inadmissibility finding would prevent you from restoring your status.

• Genuine Intent to Study: You must demonstrate a genuine intention to continue your studies in Canada and complete your program.

Applicants for Restoration of Student Status typically need to provide the following documents:

• Application to Change Conditions, Extend my Stay or Remain in Canada as a Student (IMM 5709): This is the primary application form.
• Proof of acceptance/enrollment: A valid Letter of Acceptance from a Designated Learning Institution (DLI) or proof of current enrollment (e.g., enrollment letter, transcript).
• Proof of financial support: Bank statements, a Guaranteed Investment Certificate (GIC), proof of a Canadian bank account in your name if funds have been transferred to Canada, or proof of a student/education loan from a financial institution.
• Passport and travel documents: Copies of your valid passport, including the biographical page and all pages with stamps or visas.
• Previous study permit: A copy of your expired study permit, if available.
• Explanation Letter: A detailed letter explaining why you lost your status, the circumstances that led to it, and why you believe your status should be restored. This letter is crucial for a successful application.
• Digital photo: A recent passport-style digital photograph.
• Family Information (IMM 5645): If applicable.
• Use of a Representative (IMM 5476): If applicable, when using an authorized immigration representative.

The application process for Restoration of Student Status involves several key steps:

1. Determine Eligibility: Confirm that you meet all the eligibility criteria, particularly the 90-day window for applying since losing your status.
2. Gather Documents: Collect all necessary supporting documents, including your passport, proof of enrollment, financial documents, and a detailed explanation letter for the loss of status.
3. Complete Application Forms: Fill out the

In most cases, if you are applying for restoration of your student status, your eligibility to include family members (spouse, common-law partner, dependent children) on your application or their ability to maintain their own status in Canada will depend on your restored status. If your restoration is approved, your family members who are already in Canada may also be able to apply to restore or extend their own temporary resident status (e.g., visitor record, open work permit for spouse). It is important to address their status concurrently with or immediately after your own restoration application to ensure they also maintain their legal status in Canada. They must also meet their own eligibility requirements for their respective temporary resident categories.

While your application for Restoration of Student Status is being processed, you are generally not permitted to study or work in Canada. Once your status is successfully restored and a new study permit is issued, you will regain your authorization to study and, if applicable, work off-campus according to the conditions of your new study permit. This usually means if you meet the requirements for working off-campus (full-time student in a DLI program leading to a degree, diploma or certificate), you will be able to work up to 20 hours per week during regular academic sessions and full-time during scheduled breaks. It is crucial to wait for the approval of your restoration and the issuance of a new study permit before resuming any work activities.

The Restoration of Student Status is a temporary resident program and does not directly provide a pathway to permanent residency (PR). Its purpose is solely to allow individuals who have lost their legal status as a student to regain it. However, by successfully restoring your student status and completing your studies in Canada, you may then become eligible for other immigration programs that do offer a path to PR. For example, completing a program of study at a Canadian Designated Learning Institution (DLI) can make you eligible for a Post-Graduation Work Permit (PGWP), which in turn can provide the Canadian work experience often required for programs like the Canadian Experience Class (CEC) under Express Entry, or various Provincial Nominee Programs (PNPs). Therefore, while restoration itself is not a PR pathway, it enables you to continue on a path that could eventually lead to PR.

Applications for Restoration of Student Status can be refused for several common reasons:

• Application Past 90-Day Limit: The most frequent reason for refusal is applying for restoration more than 90 days after losing status. This is a strict eligibility requirement.
• Failure to Explain Loss of Status: Not providing a compelling and reasonable explanation for why status was lost, or why conditions were breached, can lead to refusal.
• Lack of Funds: Insufficient proof of financial support to cover tuition and living expenses for the duration of studies in Canada.
• Not a Genuine Student: An immigration officer may be unconvinced of the applicant's genuine intent to study in Canada, perhaps due to a history of non-compliance, poor academic performance, or a lack of clear study progression.
• Inadmissibility: Applicants may be deemed inadmissible to Canada for reasons such as criminality, misrepresentation on previous applications, or health issues.
• Incomplete Application: Missing required documents or forms can result in the application being returned or refused.
• Failure to Meet Study Permit Requirements: Even during restoration, all underlying study permit requirements must still be met (e.g., acceptance at a DLI, good health, no criminality).