Restoration of Status.

[annabruce]

Somebody just private messaged me about this. I thought I would put the question on the forum since I can't answer confidently.

A person enters Canada on a temporary resident visa and is awarded a six month stay. They submit a extension of status application near the end of that six month period. The extension application places them on implied status beyond that six month period. Their extension application is denied.

As I understand it, they have 90 days to submit a restoration of status application, but from what date does the 90 day clock start ticking: The date of the letter of refusal of extension, or 90 days from the end of the initial 6 month visit?

Thanks in advance for your help.

 

[PMM]

Hi

Somebody just private messaged me about this. I thought I would put the question on the forum since I can't answer confidently.

A person enters Canada on a temporary resident visa and is awarded a six month stay. They submit a extension of status application near the end of that six month period. The extension application places them on implied status beyond that six month period. Their extension application is denied.

As I understand it, they have 90 days to submit a restoration of status application, but from what date does the 90 day clock start ticking: The date of the letter of refusal of extension, or 90 days from the end of the initial 6 month visit?

Thanks in advance for your help.

From the date their previous status expired.

From CIC

Restoration of status

You may seek restoration within 90 days after your status as a visitor, student or worker has been lost, if you have only failed to comply with one or more of the following conditions:

You lost status because you remained in Canada longer than the period authorized for your stay (but not longer than 90 days).
You changed employers, type of work, or location of work without applying to change these conditions if they were specified on your work permit.
You changed the type of studies, educational institution, location of studies, or times and periods of studies without applying to change these conditions on your study permit if they were specified on your study permit.
You continue to meet the initial requirements for your stay and have not failed to comply with any other conditions imposed.

 

[annabruce]

Thanks, PMM. That's what I guessed as well.