When a kababayan asked me this question: Can I submit two applications to restore my status in Canada? He added that he wants to make sure that Immigration, Refugees and Citizenship Canada (IRCC) received his application. He said that it is a strategy he plans to use- if a decision is made on the first application to restore his status, he can then wait for the decision of his second restoration application that is in process.
Just like most in Canada temporary resident applications such as study permits, work permits and visitor records, most applications to restore the status, must be submitted online unless exempt from filing an online application. I checked the online portal and found no mechanism that prevents an applicant from submitting a second application for restoration of status while the first application is still in process. I could not find in IRPA, please correct me and let me know if you found one, that prevents an applicant from submitting two restoration applications. My question to kababayan is what is the benefit from submitting two restoration applications?
Section 182 of Immigration and Refugee Protection Regulations allows for foreign nationals to make applications to restore their temporary status: (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), (2) any of subparagraphs 185(b)(i) to (iii) (3) or paragraph 185(c), (4) an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.
(2) Despite subsection (1), an officer shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1).
Let us examine when does a foreign national lose temporary status? That is, when does the timer start for the filing of a restoration application? As stated in Section 47 of the Immigration and Refugee Protection Act (IRPA):
47 A foreign national loses temporary resident status
- At the end of the period for which they are authorized to remain in Canada;
- On a determination by an officer or the Immigration Division that they have failed to comply with any other requirement of this Act; or
- On cancellation of their temporary resident permit.
I must clarify that an application for restoration is NOT the same as an application for an extension of temporary status. IT DOESN’T CONFER “IMPLIED STATUS”. Foreign nationals applying for restoration have lost their status and may not continue to work or attend school until their status has been restored and a new work or study permit has been issued.
Foreign nationals who have lost their temporary status are technically inadmissible pursuant to section 41 of the IRPA, which states:
41 A person is inadmissible for failing to comply with this Act 9a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act (…). This means that the removal process could be initiated as soon as the foreign nationals loses temporary status. Section 44 of the IRPA states:
44 (1) An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.
If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the circumstances prescribed by the regulations, in the case of a foreign national. In those cases, the Minister may make a removal order.
From a practical perspective, it is highly unlikely that the removal process will be initiated within the timeframe for a restoration application. The Federal Court has held that where an officer is considering whether to write a section 44 report, they need to consider whether an application for restoration has been made and whether the foreign national meets the criteria for such an application.
My response to the question is nothing is preventing a foreign national from submitting two restoration applications, but I personally just do not see the benefit at all. As soon as a foreign national ran out of temporary status, he/she is not authorized to work or study regardless of whether he/she submits an application for restoration.
If you have questions regarding the above article you may contact Marjorie at [email protected]
Sources:
- Immigration, Refugees and Citizenship Canada (IRCC)
- Immigration and Refugee Protection Regulations (IRPR)
- Immigration and Refugee Protection Act (IRPA)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s.
