Extension of Status
A foreign national can apply for an extension of his or her temporary resident status. As long as the application for extension of status is made before the end of the authorized period of stay and the foreign national has complied with all of the previous conditions imposed on his or her entry into Canada, the extension will be allowed.
Occasionally, a foreign national will apply for an extension of status, but because of administrative delays on the part of the Government, the decision is not made before the expiration of the previous authorization. In such situations, Canadian Immigration grants these applicants implied status whereby their authorized period of stay is automatically extended until the decision is made on the application for an extension.
Restoration of status
If a foreign national has lost their status in Canada as they have missed applying to extend their temporary status before it expired, be it as a visitor, student or worker, they may be eligible to restore their status.
In order to qualify for restoration of status, a foreign national must:
- Apply within 90 days of losing their status:
- Within 90 days of the expiry of their status document; or
- Within 90 days of receipt of the refusal of their application for extension of their status;
- Still meet the initial requirements of their stay;
- Not have failed to comply with any other conditions. For example, must not have worked or studied without authorization; and
- Demonstrate that they are a genuine temporary resident and, if required, will depart Canada at the end of their stay.
A foreign national is not eligible for restoration of status if more than 90 days have passed since the expiry of their temporary resident status document or since the date of receipt of the refusal on their application for extension of status.
