Restoration of Status in Canada: What to Do If Your Permit Expires

Whether you are studying or working in Canada, it is essential to maintain a valid immigration status at all times. There are instances, however, when one’s status expires due to a number of reasons. If your study permit or work permit has already expired or is on the cusp of expiring, you may still be eligible to restore your temporary resident status. This article explains what restoration of status involves and outlines the steps you can take depending on your situation.

Study Permit

Study permits in Canada are issued for a fixed period and expire either at the end of the authorized study period or if certain conditions are not met. Your permit may expire because of a change in institution, program, location, or if you failed to maintain enrollment. If your permit has expired, you must stop studying immediately. However, you are permitted to remain in Canada while you apply to restore your status, provided you do so within 90 days of the expiry date.

Restoring Your Status as a Student in Canada

To begin the restoration process, you must gather supporting documentation, including an updated letter of acceptance from a designated learning institution (DLI), proof of continued enrollment, such as a transcript, and a personal explanation letter. This letter should clearly outline why your permit expired, why you are requesting restoration, and how you plan to comply with the conditions of your new permit moving forward.

Applications for restoration must be submitted online through the Immigration, Refugees and Citizenship Canada (IRCC) portal. When completing the application, you must select the option to restore your status as a student under question 3 of the IMM 5709 form. You will also be required to pay the applicable fees, which currently include the study permit fee and an additional restoration fee. The IRCC’s official guide for this process can be found at Guide 5552.

It is worth noting that while your status restoration application is under review, access to government services such as healthcare coverage or a driver’s license may be restricted depending on your province’s eligibility rules and your immigration status. Restoration is not guaranteed and is assessed at the discretion of an IRCC officer, based on the completeness of your application and the reasons for the lapse in status.

Work Permit

Similar to study permits, a work permit in Canada is valid for a specific period and can expire due to the passage of time or a breach of its conditions. Common causes for expiration include changes in employment without proper authorization, working unauthorized hours, or working for a non-approved employer. Once a work permit has expired, you must stop working immediately.

You may apply to restore your status as a worker within 90 days of the permit’s expiry. To be eligible, you must continue to meet the original requirements of your work permit, including having no inadmissibility concerns. Moreover, you must not be subject to a removal order. You also must not have left Canada since the expiration.

Restoring Your Status as a Worker in Canada

To apply, you will need to prepare a detailed letter of explanation describing why your permit expired, the reason you are seeking restoration, and your plans to comply with the conditions going forward.

You may be required to submit documentation related to your original authorized employment. If you are seeking a new employer or position, this may require leaving Canada and reapplying for a new permit, as restoration does not allow for a change in employment conditions after status has been lost.

You must complete and submit form IMM 5710 online and select the option to restore your worker status under question 3. All fees, including the work permit and restoration charges, must be paid at the time of application. A complete instruction guide is available at Guide 5553.

If your prospective employer is involved in the process, they must submit a new offer of employment through the IRCC Employer Portal.

Similar to study permits, you are not permitted to work while your restoration application is in progress. Restoration decisions are made by IRCC and depend on the strength of your application and the specific facts of your case.

Restoration of Status After 90 Days

If more than 90 days have passed since the expiration of your study or work permit, you are no longer eligible to apply for restoration from within Canada. In this situation, you may be required to leave the country and apply for a new permit from outside Canada.

Alternatively, you may apply to remain in Canada temporarily as a visitor by requesting a visitor record. However, while on a visitor record, you will not be permitted to work or study. Remaining in Canada without a valid status beyond the 90-day period may impact your future eligibility for immigration programs and could lead to enforcement actions, including a removal order.

How Nihang Law Can Help

Navigating a restoration of status application requires careful attention to detail, proper documentation, and persuasive legal submissions. At Nihang Law Professional Corporation, we provide tailored legal support to clients facing loss of status in Canada. Our legal professionals assist in reviewing your immigration history, drafting compelling explanation letters, preparing supporting documents, and ensuring your application is complete and submitted within the required timeframe.

We understand the urgency and stress that can accompany a loss of status. Our goal is to guide you through the restoration process and help you re-establish legal status in Canada efficiently and effectively.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Immigration matters are complex, and each case is unique. If your status has expired or you are unsure about your options, it is highly advisable to consult with a qualified immigration lawyer. Contact Nihang Law Professional Corporation today to schedule a consultation and receive legal advice tailored to your situation.