Restoration of Worker Status

Overview

The Restoration of Worker Status program in Canada is a critical provision for foreign nationals who have unintentionally or circumstantially lost their legal status as a temporary worker. This can occur for various reasons, such as a work permit expiring before a new one is obtained, or a change in employment resulting in a breach of work permit conditions. The restoration period offers a window of opportunity to rectify one's status without having to leave Canada.

How it works

To restore your worker status, you must apply within 90 days of losing it. During this period, you are considered "out of status" but may remain in Canada. However, you are not authorized to work until your status is restored and a new work permit is issued. The application for restoration is made simultaneously with an application for a new work permit. The processing involves assessing the reasons for losing status and the eligibility for a new work permit.

Who it's for

This program is intended for individuals who were legally working in Canada on a valid work permit and subsequently lost their status. This includes those whose work permits expired, those who stopped working for an employer specified on their work permit, or those who otherwise became non-compliant with the conditions of their worker status. It is not for individuals who have committed serious immigration offenses or those who wish to extend their stay beyond the temporary resident category.

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

• Loss of Status within 90 Days: The application for restoration, along with a new work permit application, must be submitted within 90 days from the date your previous work permit expired or the date you violated a condition of your work permit.
• Maintain Eligibility as a Temporary Resident: You must continue to meet the basic requirements for temporary residency in Canada, including health and criminality standards. This means you must not be inadmissible to Canada for any reason.
• Eligibility for a New Work Permit: You must be eligible for a new work permit under an existing program. This often requires a new Labour Market Impact Assessment (LMIA) or an LMIA-exempt offer of employment, depending on the work permit stream you are applying under. Simply applying for restoration does not grant eligibility for a new work permit on its own.
• Compliance with Previous Conditions (Minor Violations): The loss of status generally must be due to circumstances that are not considered severe breaches of immigration regulations. Significant violations, such as misrepresentation or serious criminal convictions, typically render an individual ineligible for restoration.
• No Departure from Canada: You must generally apply for restoration while remaining in Canada. If you leave Canada after losing your status, you may lose the opportunity to restore it from within the country, and may need to apply for a new work permit from abroad.

The specific documents required will vary depending on the type of new work permit you are applying for, but generally include:

• Application for Restoration of Status: This is typically part of the application for a new work permit.
• Application for a Work Permit: The specific form (e.g., IMM 1295) and supporting documents for the work permit stream you are applying under (e.g., LMIA, offer of employment, educational credentials).
• Proof of Previous Status: Your expired work permit and any other documents related to your previous legal status in Canada.
• Passport and Travel Documents: A valid passport and copies of all pages with stamps or visas.
• Digital Photo: Recent passport-style digital photographs.
• Biometrics: If required, you will receive instructions on how to provide your biometrics.
• Letter of Explanation: A detailed letter explaining the reasons for losing your status and why you believe your status should be restored. This letter is crucial for a successful application.
• Proof of Financial Support: Evidence that you can support yourself and any accompanying family members in Canada.
• Education and Employment History: As required for the new work permit application.
• Medical Exam: If required, based on your country of origin or intended occupation.

1. Determine Eligibility: Confirm that you meet the 90-day window requirement and are eligible for a new work permit.
2. Gather Documents: Collect all necessary documents for both the restoration and the new work permit application. This includes your expired work permit, passport, and documents related to your new employment offer or LMIA.
3. Complete Application Forms: Fill out the Application to Change Conditions, Extend your Stay or Remain in Canada as a Worker (IMM 5710) and any other required forms accurately.
4. Write a Letter of Explanation: Prepare a detailed letter explaining why you lost status, what steps you have taken to rectify the situation, and why you believe your status should be restored. Be honest and provide all relevant details.
5. Pay Fees: Pay the restoration fee and the work permit application fee online through the IRCC portal.
6. Submit Application: Submit your complete application package online. Ensure all required documents are uploaded correctly.
7. Biometrics (if applicable): If you receive a request for biometrics, provide them at a designated Service Canada location within the specified timeframe.
8. Wait for Decision: IRCC will review your application. You may be contacted for additional information or an interview. During this time, you are in "implied status" if you applied for an extension before your original permit expired, but for restoration, you are out of status and cannot work until a new permit is issued.
9. Receive Decision: If approved, you will receive a new work permit. If refused, you may be required to leave Canada.

If you are applying for restoration of worker status and a new work permit, your accompanying family members (spouse/common-law partner, dependent children) who are already in Canada may also apply to restore their temporary resident status (as visitors, students, or workers) concurrently. Their eligibility will generally be tied to the principal applicant's status restoration and their own individual admissibility requirements. If approved, their new permits will usually align with the validity period of the principal applicant's work permit.

During the period you are awaiting a decision on your restoration application, you are considered to be without legal status as a worker. This means that you are not authorized to work until your restoration application is approved and a new work permit is issued. Working while out of status can have serious consequences, including refusal of your application and potential removal from Canada. Once your status is restored and a new work permit isgranted, you will have the work rights associated with that specific work permit.

Restoration of worker status itself does not directly provide a pathway to permanent residency (PR). It is a process to regain legal temporary resident status as a worker in Canada. However, by restoring your status and obtaining a new valid work permit, you can continue to gain eligible Canadian work experience. This Canadian work experience may then make you eligible for various economic immigration programs that lead to permanent residency, such as the Canadian Experience Class (CEC) under Express Entry, or provincial nominee programs (PNPs), provided you meet their specific criteria.

• Application Submitted After 90 Days: Failing to apply for restoration within the strict 90-day window after losing status.
• Ineligibility for a New Work Permit: Not meeting the requirements for the specific work permit you are applying for (e.g., no valid LMIA or LMIA-exempt offer).
• Failure to Provide a Satisfactory Explanation: Not providing a clear, credible, and well-supported reason for losing your status in the letter of explanation.
• Inadmissibility: Having become inadmissible to Canada due to health, criminality, misrepresentation, or other reasons.
• Insufficient Funds: Not demonstrating sufficient financial resources to support yourself and your family in Canada.
• Incomplete Application: Failing to submit all required documents or forms, leading to an incomplete application.
• Violation of Previous Conditions (Serious): Loss of status due to a serious breach of immigration regulations or misrepresentation in a previous application.