Losing your immigration status in Canada can be a deeply stressful experience. Whether you're a visitor, student, or worker, being out of status in Canada can have serious implications, including the inability to legally work, study, or access essential services. Fortunately, Canada’s immigration law provides a second chance through the restorationof status process.
In this comprehensive guide, we’ll explore what restorationof status in Canada means, common reasons individuals lose their status, recent policy changes affecting international students, key legal precedents, and how to avoid common pitfalls. If you need to apply for restoration of status in Canada, this article will provide the clarity you need.
What is
Restoration of Status in Canada?
Restoration of status is a legal process that allows temporary residents—visitors, students, or workers—to regain their immigration status after it has expired. This process is not automatic and must be initiated by the applicant within 90 days of losing status.
Importantly, being approved for restoration means you are granted a new legal status from the date of the decision—not retroactively from the date your previous permit expired. During this waiting period, you cannot legally work or study in Canada.
How Do People Lose Immigration Status in Canada?
There are several common reasons why individuals become out of status:
1. Missed Deadlines
Many lose their status simply by failing to apply for an extension before their permit expires. Misjudging timelines or assuming automatic renewals can lead to unintentional violations.
2. Application Denials
Applications for permit extensions may be denied due to missing documents or incomplete information. Importantly, your legal status ends on the date of refusal, not the decision date.
3. DLI Verification Failures
As of December 1, 2023, international students must ensure their Designated Learning Institution (DLI) verifies their Letter of Acceptance (LOA) through the Immigration, Refugees and Citizenship Canada (IRCC) portal.
If the DLI fails to complete this verification—due to technical errors or administrative delays—your study permit application may be refused, leading to a loss of status. In such cases, students often mistakenly reapply instead of using the correct approach: first apply for restoration of status, then submit a new study permit application.
How to Apply for Restoration of Status in Canada
Applying for restoration is more than just submitting a renewal application. You must:
Demonstrate eligibility for the status you are requesting (visitor, student, or worker).
Explain why your status lapsed and provide supporting documentation.
If applicable, include proof of continued program participation (e.g., transcripts or enrollment letters for students).
Keep in mind, you must apply within 90 days of losing status. Delays beyond this window may make you ineligible to apply and subject to removal proceedings.
Legal Precedents That Shaped
Restoration PoliciesSeveral Federal Court cases have clarified key aspects of the restoration of immigration status in Canada:
Udobong v. Canada: Applicants must seek a status that aligns with their actual intent. For example, someone applying to restore visitor status but planning to study could be refused.
Abubacker v. Canada: The court confirmed that applicants must only meet the conditions of the new status they're applying for—not the one they previously held.
Osakue v. Canada: Revealed inconsistencies in how different immigration officers assess restoration applications, highlighting the importance of a strong, well-documented submission.
Ouedraogo & Yu v. Canada: Clarified that applying for restoration does not prevent removal, although removals during a pending application are rare.
Risks and Challenges of Restoration Applications
It’s important to understand that restoration applications are discretionary—approval is not guaranteed. Immigration officers assess whether you took reasonable steps to maintain your status and followed immigration rules.
For international students, especially those affected by DLI verification delays, a poorly handled restoration process could result in:
Ineligibility for further studies in Canada
A future refusal of permits or visas
Potential removal orders
How to Avoid Losing Immigration Status in Canada
While restoration is a vital backup option, prevention is the best approach. Here’s how to avoid becoming out of status:
✅ Track Your Permit Expiry Dates: Start the renewal process at least 30–60 days in advance.
✅ Submit Complete and Accurate Applications: Double-check forms and include all required documents.
✅ Stay in Contact With Your DLI: Ensure your LOA is properly verified through IRCC if you're a student.
✅ Seek Expert Help: If you’re unsure about your next step, consult a regulated immigration consultant.
In Conclusion
The ability to restore immigration status in Canada is a vital legal remedy—but it comes with strict rules, tight timelines, and significant risks if handled incorrectly. Whether you’re dealing with a denied work permit, an expired visitor visa, or a withdrawn study permit due to DLI issues, acting promptly and strategically is essential.
At New Jain Immigration Services, we are highly experienced in navigating the complexities of the restoration process. If you’ve lost your status or aren’t sure what to do next, contact us today. Our goal is to help you apply for restoration of status in Canada and get back on track—confidently and compliantly.
Office Address:
23 Westmore Dr Unit 410, Etobicoke, On M9V 3Y6, Canada.
jaijainimmconsult@gmail.com
+1 (647) 676-1982
https://www.newjainimmigrationservices.ca/
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