It's important to keep your status as a temporary resident of Canada. But there might be situations in which you find yourself out of status. This blog will walk you through the several alternatives and scenarios for restoring your temporary residence status in Canada.
Understanding Temporary Residence in Canada
Let's understand temporary residence before we get started with the restoration process:
A person who is authorized to travel to and remain in Canada for a specific period of time is known as a temporary resident. After your work or visit is completed, you may be expected to return to your home country. However, if an opportunity to live and work in Canada is offered or a life partner is found, the TR to PR pathway can be applied for.
Temporary Resident Types:
- Visitors
- Students
- Temporary Foreign Workers
Common Temporary Resident Documents:
- Temporary Residence Visa (TRV)
- Temporary Resident Permit (TRP)
- Temporary Residence Card
Losing Status: Common Scenarios
- Remaining longer than permitted
- Breaking the terms of your visitation
- Studying or working without the required permission
- Allowing your license to lapse without renewing it
Restoring Your Canadian Temporary Resident Permit Status
Don’t worry if your temporary status has expired—IRCC offers a restoration process to regain it. It’s also a great time to consider applying for permanent residency from your TR status. Here's a detailed how-to:
- Take prompt action: After your status was lost, you had ninety days to seek restoration.
- Assess Your Eligibility: Before losing status, you had to be in compliance with the terms of your stay and be in Canada. You had to have lost your status within the previous ninety/90 days.
- Get Ready for Your Application: Form IMM 5708 - Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor - must be filled out; you must also pay the $200 Canadian restoration fee in addition to the cost of your new permit; you must enclose a letter elucidating the reason for your status loss; and you must provide supporting documentation (passport, prior permits, etc.)
- Submit Your Application: By mail to the IRCC Case Processing Centre; Online via your IRCC account (preferred)
- Hold off on processing: While your application is being processed, you are free to remain in Canada. Processing times vary, but you can check the IRCC website for current estimates.
Example Scenario:
The temporary foreign worker Maria realizes that her work permit is going to expire two weeks ago. She initiates the restoration procedure by getting in touch with her employer right away.
Maria applies online and encloses a letter stating that she was misinformed about the expiration date of her permission. The restoration and new work permit payments are paid by her. Maria keeps working for her employer as she waits for a response.
Tips for Maintaining Status
To prevent the need for restoration, keep the following points in mind:
- Remind yourself of significant dates, such as permit expiration.
- Early on in the renewal process (at least 30 days before to expiration)
- Update your contact details with the IRCC.
- Respect the terms of your status as a temporary resident permit holder.
- Stay informed about any changes to immigration laws.
Temporary Resident Permit (TRP) vs. Status Restoration
It's critical to know and understand the distinction between status restoration and a TRP:
|
Temporary Resident Permit (TRP) |
Status Restoration |
|
For those who are inadmissible to Canada |
For those who have recently lost status |
|
Allows entry or stay despite inadmissibility |
Restores previously held status |
|
Discretionary, based on officer's assessment |
Available if you meet eligibility criteria |
|
Can be issued for varying lengths of time |
Restores status and extends stay |
When to Seek Professional Help?
Even while many people are able to handle the restoration procedure themselves, you might think about speaking with an immigration attorney or certified expert if:
- Your situation is complicated.
- It's been a while since you last updated your status.
- You have prior immigration infractions.
- You don't know if you qualify.
Conclusion
If you take the right steps and move promptly you can get your temporary resident status in Canada back. Always remember that prevention always outweighs treatment.
Remain alert on your status, fulfill all requirements, and prepare for any extensions or renewals in advance. You may make sure that your time as a temporary resident in Canada is easy and legal by completing this.