If you are among those whose ‘temporary resident status’ has expired then you can get in touch with a Canadian immigration lawyer for ‘restoration’. The immigration authorities in Canada allow for re-application and re-processing. The procedure is legally known as “Restoration of Status.”
So incase your student or work visa has expired or is about to expire then a good immigration consultant in Canada can help you.
What is ‘restorative Status’?
There are different types of immigrant status accorded to foreigners based on eligibility. A temporary resident is one who is allowed to enter the borders for a specific period. Reasons could be anything from a short holiday, family visits or business. But the important point is that the visa is strictly restricted to the period sanctioned for.
There arise cases when someone on a temporary visit wishes to extend stay. This generally happens in case of students or those on work visas. That is when you can re-apply for any of the below mentioned reasons:
- Extend stay;
- Change the conditions of stay; or
- For effecting corrective measures in the existing status.
Under normal circumstances you can apply 30 days before your existing status expires. Generally when your re-application is being considered, the Canadian authorities recognize your temporary status, till they reach a final decision.
We recommend you read through the provisions mentioned in the CIC Website before you approach an agent. Rules and regulations are clearly mentioned. For example Overstaying when your valid permit has expired is a punishable offence.
The following section is copied verbatim from the’ Immigration and Refugee Protection Regulations’ (IRPR) for your benefit:
“182. Restoration – On application made by a visitor, worker, or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of the subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay and has not failed to comply with any other conditions imposed.”
The above mentioned is followed by the disclaimer that “Inspite of reapplication your candidature may be rejected.”
Immigration and Refugee Protection Regulations clearly defines a set of conditions under section R185. Based on these conditions immigration officers can impose, vary or cancel the visa of temporary residents.
More often than foreign students face this kind of problem; they tend to procrastinate making an application on time; and tend to overstay as well.
There are several conditions that have to be kept upto date on the stay permit. Students are under obligation under Canadian law to notify authorities when they shift their educational institution, location or time of studies. For those with work permits, incase they change jobs they have to notify the authorities with relevant information about the new employer.
Status restoration is not applicable to those flouting norms mentioned in R185. Immigration lawyers can help you with status restoration in case all the necessary conditions have been complied with.