Restoration of Status in Canada: Understanding Your Options

Losing your immigration status in Canada can be a stressful and overwhelming experience. For temporary residents—whether students, workers, or visitors—being without valid status can have serious consequences, including loss of the ability to work or study. Thankfully, Canadian immigration law provides an avenue for individuals to restore their status, allowing them to regain their footing and continue pursuing their goals in Canada.

This article provides an overview of the restoration process, examines common pitfalls leading to the loss of status, highlights significant legal precedents, and discusses the impact of recent policy changes.

What is Restoration of Status?

Restoration of status is a process that allows temporary residents who have lost their legal status in Canada to apply to regain it. It is available to individuals who were in Canada as visitors, students, or workers and whose status expired. Restoration is not automatic and must be requested within a limited time frame after losing status.

It’s important to understand that restoration does not retroactively restore your previous status. If approved, your new status begins from the date of the restoration decision, not from the date your original status expired. During the restoration period, you are not authorized to work or study, even if you are submitting a new application for those purposes.

How Status is Lost

There are several ways temporary residents can lose their status in Canada, often through no fault of their own. Some of the most common scenarios include:

1. Missed Deadlines

Failing to apply for an extension before the expiry date of your permit is one of the most common ways people lose status. This often happens when individuals miscalculate timelines or underestimate the time required to prepare their application.

2. Refused Applications

A permit extension application can be refused for various reasons, including incomplete forms or missing documents. In such cases, the loss of status occurs from the date of refusal, not the date you receive the decision—a critical distinction that has caused issues for many applicants.

3. DLI Verification Failures

Recent updates to the study permit process have introduced an additional layer of complexity for international students. As of December 1, 2023, study permit applicants must enroll in a Designated Learning Institution (DLI) that verifies their Letter of Acceptance (LOA) with Immigration, Refugees and Citizenship Canada (IRCC).

While this measure aims to prevent fraud, technical glitches or negligence on the part of the DLI can result in a failure to verify the LOA. In such cases, IRCC may withdraw the application, leaving students without valid status. Unfortunately, many students mistakenly assume they can resolve the issue by reapplying for a study permit extension. However, the correct procedure involves applying for restoration first and only then submitting a new study permit application.

The Restoration Process

Restoration is not just about reapplying for a permit—it’s a separate process that requires you to demonstrate that you still meet the conditions for the status you seek. This might involve explaining the reasons behind the loss of your status and providing additional documentation to support your application.

For students whose study permits were withdrawn due to DLI verification failures, it’s critical to include evidence of program completion, such as transcripts or a letter from the registrar’s office, to avoid further complications.

It’s also important to act quickly. The restoration application must be submitted within the prescribed time frame, and any delay can result in irreversible consequences.

Legal Precedents on Restoration

Over the years, the Federal Court has provided valuable guidance on the interpretation of restoration rules, including some of the challenges applicants face:

• Consistency with Intended Status: In Udobong v. Canada (Citizenship and Immigration), the court affirmed that restoration applicants must demonstrate intentions consistent with the status they are applying for. For example, someone restoring to visitor status while intending to study may face refusal.

• Meeting the Requirements of the New Status: In Abubacker v. Canada (Citizenship and Immigration), the court clarified that applicants do not need to meet the conditions of their previous status but must satisfy the requirements of the status they now seek. This ruling has been particularly relevant for students applying for restoration and a Post-Graduation Work Permit (PGWP).

• Conflicting Interpretations: Cases like Osakue v. Canada (Citizenship and Immigration) highlight the lack of consistency in how restoration applications are assessed, with some officers requiring documentation that may not align with standard guidelines.

• Removal and Restoration: In Ouedraogo v. Canada, the court ruled that restoration does not protect individuals from removal orders during the restoration period. However, in Yu v. Canada, the court noted that removal is rare once a restoration application is submitted.

Challenges and Risks

Restoration applications are discretionary, meaning that approval is not guaranteed. Immigration officers will carefully review the circumstances that led to the loss of status and assess whether the applicant has taken reasonable steps to comply with immigration laws.

For international students, particularly those affected by DLI verification failures, the stakes are even higher. A misstep in the process can result in prolonged status issues, inability to continue studies, and potential removal from Canada.

Preventing the Loss of Status

While restoration offers a second chance, it’s far better to avoid losing status in the first place. Here are some practical tips:

• Monitor Expiry Dates: Always keep track of your permit’s expiry date and start the renewal process early.

• Ensure Application Completeness: Double-check your forms and supporting documents before submitting.

• Communicate with Your DLI: For study permit holders, follow up with your DLI to ensure they complete the IRCC verification promptly.

• Seek Professional Guidance: If you’re unsure about the process, consulting with an immigration professional can save you time and stress.

Conclusion

Restoration of status is a critical tool in Canadian immigration law, but it is not without its challenges. Whether you are dealing with a withdrawn study permit application due to DLI verification issues, a refused work permit extension, or an expired visitor visa, it’s important to act quickly and follow the correct procedures.

At Blacksy, we understand the complexities of restoration applications and can guide you through the process with clarity and efficiency. If you’ve lost your status or are unsure how to proceed, contact us today. We’re here to help you regain your footing and move forward with confidence.

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About the Author

I’m Ahmet Faruk Ocak, a Canadian immigration lawyer and the founder of Blacksy Immigration Law Firm 🌊. 

At Blacksy, we specialize in providing honest, straightforward, and tailored immigration solutions to individuals and businesses worldwide. Our brand promise is simple: no unnecessary fuss, no false hopes, and no empty promises—just realistic, reliable guidance to help you achieve your immigration goals.

Whether you’re expanding your business to Canada, transferring top talent, or planning your future here, we’re here to guide you with precision, transparency, and care.

Visit us at www.blacksyimmigration.com to learn more or to start your journey.