How can I restore or extend my temporary status in Canada?

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Change Condition or Extension of Stay in Canada: Stay Longer!


The temporary residents of Canada who need to extend their stay can apply for a work or study permit extension, modification of their initial study permit or initial work permit. This type of application is also available to some temporary residents who have lost their status and wish to restore their resident status in Canada, following certain conditions. They should make sure that they are eligible to do it and then, apply to change condition or extension of stay.


Determining Your Eligibility


Before taking any steps, you must make sure that you meet all the requirements.  First of all, you should be a temporary resident who is already in Canada and wishes to extend his/her stay, change its condition, or correct problems in his/her status. It is recommended to send in your application to extend your stay or modify the conditions of your permit 2 months before the expiration of your permit. If it expires or you commit an offence under the immigration and refugee protection act, you are not eligible and must request a restoration of your status within 90 days following the expiration of your status. There are other requirements that can influence whether or not you may request the extension, modification or restoration of your permit and you must verify them before submitting your application.


Restoration of Status


If you find yourself in a delicate situation where you have lost your status and outstayed your visa for reasons that you can justify, you may be eligible to request a restoration of status. This can happen for example if you request a new authorization to study in Quebec which is later refused passed your study permit expiration date. In this situation, you may want to request the restoration of your status as a visitor in order to have sufficient time to prepare a new application for an authorization to study and study permit. If you obtain the confirmation of the restoration of your status, you will be able to remain legally in Canada during the processing time of your new study permit application.


The restoration application can be made within 90 days of the expiration of your status. There is no guarantee an immigration officer will grant you the restoration however it remains an available option within the 90 days following the expiration of your status.


How to apply for a modification, extension or restoration of status


You must submit all necessary forms, documents and fees in the appropriate format to the immigration authorities. You must also prepare a detailed letter explaining why you wish to remain in Canada longer. You must also prove that you did not act against any rules of regulations in Canada (for example you did not work or study without a valid visa in Canada). You must also demonstrate that you have sufficient financial means for the duration of your stay in Canada. If you are requesting a restoration of status, you will need to explain clearly to the agent how you lost your status and why you wish to remain in Canada.


This section contains general immigration information and does not constitute a legal opinion. For legal advice regarding your personal situation, contact the Jurinovo team.

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