How to Maintain & Restore a Lost Temporary Resident Status in Canada?
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How to Maintain and Restore a Lost Temporary Resident Status in Canada?

Joseph Creech

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Temporary Resident

Canada’s immigration picture includes a significant number of Temporary Residents because so many foreigners apply to enter the country each year. This accounts 256 740 people with study permits and 326 116 people with temporary work permits (issued under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). These two types of people make up a portion of the country’s population that is classified as temporary residents (TRs).

TR Status in Canada

Foreign national who is awaiting the renewal of their work authorization can continue to conduct business in Canada under the terms of their original authorization if they have maintained TR status. The date and time of the request for permission renewal are crucial for keeping TR status in Canada. Immigration, Refugees and Citizenship Canada (IRCC) requires that all renewal applications be submitted by midnight, using UTC (coordinated Universal Time) to equalize time for all applicants.

How TR Can Lose Their Temporary Resident Status in Canada?

An applicant risks losing their TR status in Canada if they do not properly contribute to maintaining it. The primary reasons that this can happen are;

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  • If the TR period has closed/the visa has expired and the permit has been canceled
  • If it has been determined that they have not complied with any part of the Immigration and Refugee Protection Act

How to Restore the Canadian TR Status?

When a foreign student, worker, or visitor loses their Canadian TR status, an officer will interview them to determine whether they “meet the initial requirements for their stay” and will then decide whether to restore their status in light of their findings. Holders of Temporary Resident Permits (TRPs) who let their status lapse are not eligible to apply for status restoration; they must instead apply for a new permit.

Temporary residents with a student permit who hold TR status will not have their TR status reinstated if they are

  • Not enrolled at a designated learning institution
  • Do not stay there until they complete their studies
  • Not actively pursuing their course or program of study
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Note: In terms of status restoration, an applicant can only get a restoration that matches the TR designation they had before losing their status

Eligibility for Restoration of TR status

To be eligible for TR status restoration, applicants must:

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  • Apply within 90 days of loss of status
  • Remain in Canada until IRCC decides
  • Not in violation of any condition imposed automatically by the regulation [R183] or by an officer [R185], except for those stated below
  • Must meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable
  • Have only lost their status only because they failed to comply with certain three specific conditions
  • Living in Canada beyond the period authorized for their stay
  • Engaging in work that falls outside the type of work,
  • Pursuing studies that fall outside the type of studies/course, institution, or location of studies imposed by their initial TR application

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