Restoration of Status

Restoration of Visitor Status in Canada

Visitor status in Canada is typically granted for a specified period, as indicated on the entry document, such as a visitor visa or electronic travel authorization (eTA). If you wish to extend your stay as a visitor in Canada beyond the initially permitted duration, you must apply for a visitor record before your current status expires. However, if you’ve already overstayed your authorized period, you can still restore your visitor status under certain conditions.

When to Apply for Restoration

It’s crucial to apply for the restoration of your visitor status as soon as possible after realizing that you’ve exceeded your authorized stay. To be eligible for restoration, you must meet the following conditions:

  1. Maintained Status (while processing an application): You must apply for restoration before your current status expires. This means that you can legally remain in Canada while your restoration application is being processed. This used to be known as “implied status.”

  2. No Violations: You must not have violated any other conditions of your stay. It’s essential to comply with Canadian laws and regulations during your stay in Canada.

How to Apply for Restoration of Visitor Status

To restore your visitor status in Canada, follow these steps:

  1. Download and Complete Application: Obtain the application package for restoring your status as a visitor from the Immigration, Refugees, and Citizenship Canada (IRCC) website. Fill out all the required forms and ensure that you provide accurate and complete information.

  2. Pay the Fees: Pay the applicable processing fees for your restoration application. Keep a copy of the payment receipt as proof.

  3. Gather Supporting Documents: Collect all necessary supporting documents, which may include proof of financial support, travel itinerary, and a written explanation of why you exceeded your authorized stay.

  4. Submit the Application: Submit your completed application package, including the application form, supporting documents, and payment receipt, to the appropriate address provided in the application package. Ensure you have met all requirements and that your application is properly organized.

  5. Wait for Processing: Once your application is submitted, IRCC will review it to determine whether you are eligible for restoration. Processing times may vary, so it’s advisable to apply well in advance of your status expiration date.

  6. Maintain Status: Continue to reside in Canada while your application is being processed. You must respect the conditions of your original status, such as not working or studying if it was not allowed in your initial visitor status.

  7. Notification of Decision: You will receive a decision from IRCC regarding your restoration application. If your application is approved, you will be issued a new visitor record with an extended expiry date. If it is refused, you will be required to leave Canada immediately.

Important Considerations:

  • Restoration is not guaranteed, and approval is at the discretion of IRCC. Providing a compelling explanation for your overstay and demonstrating your intent to comply with Canadian immigration laws is essential.

  • If your application for restoration is refused, you must leave Canada promptly to avoid potential immigration consequences.

  • Seek professional guidance or legal assistance if you have concerns about your restoration application, especially if your situation is complex.

  • Be aware that overstaying your authorized period may affect your eligibility for future applications, such as study or work permits.

Restoring your visitor status allows you to continue your stay in Canada legally and without incurring immigration violations. However, it’s essential to adhere to all Canadian immigration laws and regulations to maintain a favorable immigration status. If you have additional questions or need help with your application, you can reach out to IRCC or seek assistance from a qualified immigration consultant or legal representative.

Frequently Asked Questions

Restoration of visitor status allows individuals who have already exceeded their authorized stay in Canada to apply to regain their visitor status. It is applicable when you have overstayed your authorized period and wish to continue your visit legally.