When a person’s temporary work permit in Canada expires, it’s understandable that there might be some panic about having to leave the country immediately. However, it’s important to know that there is a 90-day restoration period which offers a bit of breathing space.
Today, we’re shedding light on a crucial aspect for those whose temporary work permit or temporary resident status has expired: the 90-Day Restoration Period.
What is the 90-Day Restoration Period?
The 90-day restoration period in Canada is a critical timeframe for temporary residents whose work permits or study permits have expired. This period allows you to apply to restore your legal status in Canada. It’s essential to understand that this is not a period of panic but an opportunity to rectify your status legally.
Eligibility for Restoration of Status
To be eligible for a restoration of status, you must meet certain criteria. Firstly, you need to have allowed your temporary resident visa to expire. Additionally, if you have failed to abide by the conditions of your work or study permit, such as working for an employer not listed on your work permit or changing your program of study without updating your study permit, you may not be eligible for restoration. It’s important to note that you must not have violated any other conditions of your temporary permit and have complied well with the original permit’s conditions.
Understanding the 90 Day Deadline
It’s crucial to be aware of the 90-day deadline for submitting your restoration application. The clock starts ticking the day after your temporary resident status expires, not when you receive a decision from Citizenship and Immigration Canada. For example, if your study permit expires on December 12, 2022, day one of the restoration period will start on December 13, 2022, and the 90-day period will expire on March 13, 2023. It’s important to submit your restoration application within this specified period to avoid refusal.
Applying for Restoration of Status
To apply for restoration of status, you must be physically present in Canada. It is crucial to complete the application package, indicating that you are applying for restoration and the type of permit you wish to acquire. You will also need to provide detailed information on how you violated the conditions of your permit or failed to abide by the specific conditions of your work permit. Additionally, you must demonstrate to the immigration officer that your initial intention was not to violate the conditions of your temporary permit and that you will comply with the conditions of your new permit.
Along with the application, you must include supporting documents such as a copy of your new job contract and proof of paid fees for both the restoration of temporary resident status and the new work or study permit. If you leave Canada during this process, be aware that this could complicate your re-entry and affect your restoration application​​.
Working During the Restoration Period
A common misconception is that individuals can work in Canada during the restoration period. However, this is not true. Regulation 182 states that working without authorization is prohibited, and applicants cannot work while their restoration application is being processed. If unauthorized work is discovered by the Canada Border Services Agency or Citizenship and Immigration Canada, it may result in an inadmissibility report and/or a denial of a work permit.
Key Takeaway:
This 90-day period is a safety net, not a cause for alarm. It’s a window of opportunity to set your immigration status right without immediate deportation fears. If you’re uncertain about your situation or need guidance, don’t hesitate to book a consultation with Dr. Joe’s Immigration. Our team is here to assist you through each step of the process, ensuring you make the most of this critical period. Contact us today to learn more about how we can help you navigate your immigration journey with confidence.
Remember, while this guide provides a general overview, individual cases may vary. It’s always best to seek professional advice for your specific situation.
For more information and professional guidance, book a consultation with Dr. Joe’s Immigration.