Canada announces new rules for restoration of temporary resident status of foreign students and workers

This means that a worker or student simply wishing to restore their temporary resident status, without a work or study authorization, may do so if they otherwise meet the other requirements. And, if they want their previous study and work authorization restored, they can apply by paying separate fees.

Who Can Apply

The updated policy will allow foreign nationals who have lost their temporary resident status in Canada to apply to restore their temporary resident status. Foreign nationals have 90 days from the date they lose their temporary resident status to apply for restoration and pay the corresponding fee.

An applicant who was previously authorized to work or study may be eligible to restore that authorization or may apply to have their temporary resident status restored as a visitor should they no longer qualify or require an authorization to work or study, reads the new update rule.

However, there is one important exception. This will not apply to a temporary resident permit (TRP) holder who has let their permit expire. They will not be eligible for restoration. They must submit an application for a new TRP.

What is a temporary resident permit?

A temporary resident permit (TRP) grants temporary resident status to a foreign national in Canada,
is issued for a limited time and may be cancelled at any time.

Foreign nationals who have been issued a TRP with a validity period of at least 6 months can apply in Canada for a work permit or a study permit.

Requirements for Restoration

At the time of applying for restoration, the applicant must be in Canada without status at the time of submitting the application and apply within 90 days of having lost their status.

Importantly, foreign nationals who have lost their status and authority to work or study may not continue to work or attend school until their restoration application has been approved and, where applicable, their new work or study permit has been issued.

Foreign Students and Workers

A temporary resident who was authorized to study and has lost their status can apply in Canada for restoration of their temporary resident status and authorization to study, if necessary. They may also submit an application for a work permit along with the appropriate processing fees.

A temporary resident who was authorized to work and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work, if necessary. In addition to applying for restoration and a new work permit, they may also apply for a study permit and pay the fees.

Restoration Fee

Restoration comes at a cost — and the fees add up depending on what you are applying for. Foreign nationals applying for restoration have to pay all the corresponding fees. If the foreign national is also seeking a work or study authorization, they must pay the applicable fees for each permit in addition to the fee for status restoration, unless they are otherwise exempt.

As an example, a study permit holder applying to restore their temporary resident status with authorization to study must pay fees for both restoration of status and for a study permit. If they also wish to apply for a work permit, they must pay the work permit fees on top of that. The processing time for restoration applications is typically 5 months from receiving a complete application.

Disclaimer: This article is intended for general awareness only and should not be construed as legal or immigration advice. The restoration rules, eligibility conditions, fees, and timelines cited are based on Immigration, Refugees and Citizenship Canada’s latest policy updates and are subject to revision. Foreign students and workers in Canada who have lost their temporary resident status are strongly advised to seek immediate guidance from a licensed Canadian immigration lawyer or registered immigration consultant before applying for restoration.