• Posted 11-Feb-2023

Restoration of Temporary Resident Status

If a temporary resident has lost their status (section 47 of the Immigration and Refugee Protection Act [IRPA]) or let their authorization to work or study expire, they may apply to restore that status in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR).It is important to note that since status and authorization are not the same under the IRPA, an applicant can only restore their status to that of a temporary resident and to the authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore temporary resident status with authorization to work.

Eligibility requirements for restoration of status
Applicant requirements
•    apply within 90 days of having lost their status
•    meet the initial requirements for their stay
•    remain in Canada until a decision is made
•    have not failed to comply with any condition imposed automatically by regulation [R183] or by an officer [R185], other than those stated below
•    continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable

Possible Restoration Scenarios
A foreign national can only apply to restore their status and authorization to one they held immediately prior to the loss of status.For example, a temporary resident with authorization to study who is out of status cannot apply to restore their temporary resident status with authorization to work. They must apply to restore their temporary resident status with authorization to study.

Students
A temporary resident who held a study permit and has lost their status can apply in Canada for restoration of their temporary resident status and study permit. They may also apply and pay for a work permit if they meet the requirements of the work permit program they are applying for. If they are approved for the study permit, the work permit application will then be processed.

Workers
A temporary resident who held a work permit and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work within 90 days of having lost their status. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees, if they meet the requirements for study permit issuance. The study permit will only be assessed after the work permit and restoration applications are approved.

Visitors
A visitor who is out of status may apply to restore their status as a temporary resident. Temporary residents who are eligible to apply in Canada for a work or study permit [R199 or R215] may do so when restoring their temporary resident status. The fees for the study or work permit must be paid in addition to the restoration fee unless they are otherwise exempt.

Temporary resident permit (TRP) holders
A temporary resident permit (TRP) holder who has let their permit expire is not eligible for restoration. They must apply for a new TRP.
Note: The person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the IRPA to qualify for a new TRP.

Restoration Fees
Foreign nationals applying for restoration must pay all the corresponding fees. Any foreign national applying to restore as a temporary resident must pay only the restoration fee. However, if the foreign national also requires a work or study permit, they must pay the cost recovery fees for each permit in addition to the fee for restoration unless they are otherwise exempt.
As an example, a study permit holder who is applying to restore their study permit must submit the fees for both restoration and a study permit. If they wish to apply for a work permit in addition to restoration and the study permit, they must also pay the work permit fee ($155). Theofficer first evaluates the restoration application and, if approved, processes any application for a study or work permit.