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Restoration of Status inquiry
Hi Ma’am,
I would like to inquire about the restoration of status if one is already out of status? Is there a possibility to be restored. This is a concern for my friend who is here in Canada and already lost his status. I have read the post on your website about someone overstaying that’s why I’m also making an inquiry.
Second, I would also like to ask if there is a way for a person to apply for a work permit or visitor’s visa if he already lost his status to stay in Canada.
Thanks,
Karen A. D.
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Hi Karen A.D.,
Thank you for your inquiry. Restoration of status is possible as long as the application is submitted within 90 days of losing the status. You cannot go beyond the 90 days.As for your second question, a visitor (much more overstaying) cannot apply for work permit or study permit within Canada. They must exit Canada and re-enter to acquire their work or study permit.
See related post on Out of Status in Canada here.
It will be very risky for an overstaying visitor to remain in Canada because if caught, he will be detained and subjected to a removal order. With Departure order, he has only 30 days to leave Canada. If he doesn’t leave, a deportation order will be issued against him. He will then be barred from entering Canada permanently. With Exclusion order, he will need to apply for an Authorization to Return to Canada (ARC) 1-2 years after leaving.
The only thing an out of status person can stay in Canada is if he is married or in a common-law relationship with a permanent resident or Canadian citizen who will apply to sponsor him.
I hope this was helpful to your friend.
Best regards,
RCIC-– R-523942