Restoration of Visitor Status

Overview

Restoration of Status is a provision under Canadian immigration law that allows certain temporary residents who have lost their legal status in Canada to apply to have it reinstated. This option is typically available to individuals who have overstayed their authorized period of stay or have violated a condition of their status, but have done so unintentionally or due to circumstances beyond their control. It is a critical pathway for those who wish to remain in Canada legally after an unforeseen lapse in their status.

How it works

When a temporary resident overstays their visa or permit, or breaches a condition (e.g., studying without a study permit, working without a work permit), they cease to have legal status in Canada. However, if the application for restoration is made within 90 days of losing status, and if the individual meets specific eligibility criteria, Immigration, Refugees and Citizenship Canada (IRCC) may consider reinstating their status. The applicant must demonstrate that they continue to meet the requirements of the temporary resident category they wish to restore (e.g., visitor, student, worker) and pay the applicable fees, including a restoration fee.

Who it's for

This process is primarily for temporary residents who were legally in Canada but have become 'out of status' and wish to rectify their situation to remain in Canada. This includes visitors, international students, and temporary foreign workers whose permits have expired. It is not for individuals who have committed serious violations of immigration law, have criminal inadmissibility, or are deemed a security risk. The applicant must intend to comply with all conditions of their restored status and demonstrate genuine intent for their stay in Canada.

To be eligible for restoration of visitor status, applicants must meet several key criteria:

• Timeliness: The application for restoration must be submitted within 90 days of losing temporary resident status. This 90-day period is strict and generally not subject to discretion. Losing status occurs on the day your temporary resident visa or permit expires, or on the day you breach a condition of your stay.
• Original Status: The applicant must have originally entered Canada legally as a temporary resident (visitor, student, or worker). Individuals who entered Canada without authorization are not eligible for restoration of status.
• Continued Eligibility: The applicant must still meet all the requirements of a temporary resident. This includes demonstrating that they have sufficient funds to support themselves during their stay, have no intention to overstay again, and will leave Canada at the end of their authorized period. They must also be admissible to Canada on all other grounds (e.g., not have a criminal record, not pose a security risk).
• Compliance with Conditions (prior): If the loss of status was due to a breach of condition (e.g., working without a permit), the applicant must demonstrate that they have ceased the unauthorized activity and are now compliant, or explain the circumstances leading to the breach and how it will be avoided in the future.
• Form Completion: All required forms must be accurately completed. For visitors, this typically involves the Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor (IMM 5708).
• Fee Payment: All applicable processing fees, including the restoration fee, must be paid at the time of application.
• Genuine Intent: Applicants must demonstrate a genuine intention to remain in Canada temporarily and abide by the conditions of their restored visitor status. This often involves providing evidence of ties to their home country, such as employment, property ownership, or family.

The following documents are typically required for an application for restoration of visitor status. This list is not exhaustive, and IRCC may request additional information:

• Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor (IMM 5708): This is the primary application form that must be fully completed and signed.
• Copy of Passport: Valid passport pages showing your identity, passport number, issue and expiry dates, and any Canadian visas or stamps.
• Previous Canadian Immigration Documents: Copies of your expired visitor record, study permit, or work permit, as applicable.
• Proof of Funds: Bank statements, letters from financial institutions, or other evidence demonstrating that you have sufficient funds to support yourself and any accompanying family members during your extended stay in Canada without working illegally.
• Letter of Explanation: A detailed letter explaining the reasons for losing your status, why you are applying for restoration, and why you believe your status should be restored. This letter should clearly address the circumstances that led to the expiry of your previous status and outline your plan to comply with the terms of your restored status.
• Travel and Identity Documents: Birth certificate, marriage certificate (if applicable), and any other identity documents.
• Digital Photo: A recent passport-style digital photograph meeting IRCC specifications.
• Proof of exit tickets/itinerary: While not strictly required, providing evidence of return travel arrangements can support your genuine intent to leave Canada at the end of your authorized period.

The application process for restoration of visitor status involves several critical steps:

1. Determine Eligibility: Confirm that you meet the strict 90-day deadline from the date your status was lost and all other eligibility criteria outlined above.
2. Gather Documents: Collect all necessary documents, including your passport, expired permits, proof of funds, and a detailed letter of explanation.
3. Complete Application Form: Fill out the 'Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor' (IMM 5708) accurately and completely. Ensure all sections are relevant to your situation.
4. Pay Fees: Pay the applicable government fees online through the IRCC website. This includes the visitor extension fee and the restoration fee. Retain proof of payment.
5. Submit Application: Submit your complete application package online via the IRCC secure account portal. Ensure all forms are validated (if applicable) and uploaded correctly. If submitting a paper application (rare cases), ensure it is mailed to the correct processing centre.
6. Maintain Implied Status (if applicable): If you apply for an extension of your visitor status before your current status expires, you have 'implied status' (also known as maintained status) and can legally remain in Canada under the conditions of your previous permit while waiting for a decision. However, if you are applying for restoration because your status has already expired, you do not have implied status and should not work or study until your status is restored.
7. Respond to IRCC Requests: Be prepared to respond promptly to any requests for additional documents or information from IRCC.
8. Receive Decision: IRCC will notify you of their decision. If approved, you will receive a new visitor record indicating your restored status and the new authorized period of stay. If refused, you will likely be asked to leave Canada.

If you are applying for restoration of visitor status, any accompanying family members (spouse, common-law partner, and dependent children) must be included in your application if they also require restoration or an extension of their status. Each family member must meet the eligibility criteria for their respective status and all applicable fees must be paid for each individual. It is crucial to ensure that all family members maintain legal status in Canada throughout the process. If a family member's status has also expired, they will also need to apply for restoration.

Individuals who have applied for restoration of visitor status are not authorized to work in Canada until their visitor status is fully restored and, if applicable, they also obtain an authorized work permit. Restoration of visitor status allows you to remain in Canada as a visitor, which does not confer the right to work. If you wish to work in Canada, you would need to apply for and be granted a separate work permit after your visitor status is restored, provided you meet the eligibility criteria for a specific work permit program.

Restoration of visitor status is a temporary measure that allows individuals to regain legal temporary resident status in Canada. It does not directly provide a pathway to permanent residency. To become a permanent resident, you would need to apply for a separate immigration program under one of Canada's permanent residence streams (e.g., Express Entry, Provincial Nominee Programs, Family Sponsorship), for which you would need to meet the specific eligibility criteria. Restoration of visitor status simply allows you to rectify your temporary status, enabling you to potentially apply for other temporary or permanent programs from within Canada, if eligible.

Applications for restoration of visitor status can be refused for several common reasons:

• Late Application: The most frequent reason for refusal is failing to submit the application within the strict 90-day deadline from the date status was lost.
• Incomplete Application: Missing documents, unanswered questions on forms, or incorrectly completed forms can lead to refusal.
• Lack of Funds: Failure to demonstrate sufficient financial resources to support your stay in Canada without working illegally.
• Lack of Genuine Intent: IRCC may refuse if they are not convinced of your genuine intent to leave Canada at the end of your authorized stay or to comply with conditions. This can be due to a poor explanation of circumstances, or ties to the home country not being strong enough.
• Inadmissibility: Applicants may be refused if they are found to be inadmissible to Canada due to criminal activity, misrepresentation, or health reasons.
• Previous Non-Compliance: A history of previous overstays or non-compliance with immigration regulations can negatively impact an application.
• Inconsistent Information: Discrepancies between information provided in the current application and previous applications or records.