Work Permit Restoration
Work Permit Restoration in Canada is the process by which individuals who have lost their valid work permit status due to its expiration can apply to restore their status and continue working legally in Canada. If your work permit has expired and you wish to regain your status, you need to apply for a restoration of your work permit status within 90 days of the expiration. Below is an overview of the process for work permit restoration:
Eligibility for Work Permit Restoration
To be eligible for work permit restoration in Canada, you must meet the following conditions:
- Your work permit must have expired less than 90 days ago. You must apply for restoration within this period.
- You must be in Canada when applying for restoration of your work permit status.
- You must still meet all the eligibility criteria for the work permit you initially applied for, including having a valid job offer and employer approval, if applicable.
- You must demonstrate that you have maintained legal status or a reasonable explanation for why your status expired.
When to Apply for Work Permit Restoration
If your work permit has expired and you wish to restore your status, you must apply within 90 days of the expiration date. It is essential that you do not wait too long to submit your application, as you cannot restore your status after the 90-day period has passed. During the restoration process, you are not permitted to work until your application is approved.
Application Process for Work Permit Restoration
The application process for work permit restoration typically involves the following steps:
- Check Eligibility: Ensure that you meet the requirements for applying for a restoration of your work permit status. You must have a valid reason for the expiration of your permit and still meet all other eligibility criteria for a work permit.
- Prepare Required Documents: You will need to gather various documents to support your application, including:
- A valid job offer letter from a Canadian employer (if applicable).
- A copy of your expired work permit or proof of your previous work permit status.
- Proof of your legal status in Canada, such as documents showing your previous permit and any circumstances leading to its expiration.
- Your passport (if applicable), as well as any other relevant immigration documents.
- Submit the Application: You can submit your restoration application either online through the Immigration, Refugees, and Citizenship Canada (IRCC) portal or by paper. It is highly recommended to apply online as it is faster and more efficient. Here's what you'll need to do:
- Create an account with IRCC.
- Fill out the appropriate forms and provide the required supporting documents.
- Pay the application fee, which is typically CAD $200 for work permit restoration.
- Submit your application and track its status via the IRCC portal.
- Wait for Processing: Once your application is submitted, it will be processed by IRCC. The processing time for work permit restoration can vary depending on factors such as the volume of applications and the complexity of your case. During this time, you cannot work until the restoration is approved.
- Receive a Decision: Once the IRCC has processed your application, they will notify you of their decision. If your restoration application is approved, you will receive a new work permit. If it is denied, you may be required to leave Canada and reapply from outside the country.
Conditions After Work Permit Restoration
Once your work permit restoration is approved, there are certain conditions attached to your new work permit:
- Job Offer Requirement: You must continue to work for the same employer as mentioned in your original work permit. If you want to change employers or job roles, you will need to apply for a new work permit.
- Compliance with Work Permit Terms: You must adhere to the conditions of your work permit, including the type of work and employer that was approved.
- Maintain Legal Status: You must ensure that you maintain your legal status in Canada and apply for future extensions or restorations on time to avoid any disruptions in your ability to work.
Work During the Restoration Process
While your work permit restoration application is being processed, you are not authorized to work in Canada until you receive the approval. If you continue to work without authorization during the restoration period, it could lead to complications with your immigration status and may result in a refusal of your application.
Important Considerations
Some important factors to consider when applying for work permit restoration include:
- Timely Application: You must apply within 90 days of your work permit expiration. After this period, restoration is no longer possible.
- Loss of Status: During the processing period, you will not be able to work until your application is approved.
- Maintain Job Offer: If your job offer has changed or you are no longer employed by the same employer, you may need to reapply for a new work permit instead of a restoration.
Cost of Work Permit Restoration
The application fee for work permit restoration is typically CAD $200. If you are also applying for a new work permit or other related services, there may be additional fees.
Common Reasons for Denial of Work Permit Restoration
Work permit restoration applications may be denied for several reasons, including:
- Failure to submit all required documents or incomplete application forms.
- Failure to demonstrate that you still meet the eligibility requirements for the work permit.
- Failure to explain or justify the reason for the expired work permit status.
- Non-compliance with Canadian immigration laws, including overstaying previous permits or working without authorization.
Conclusion
Work permit restoration is a crucial process if you want to regain your legal status in Canada after your work permit expires. It is important to apply as soon as possible within the 90-day restoration window and ensure that you meet all eligibility requirements. By following the correct process and providing all necessary documentation, you can increase your chances of successfully restoring your work permit and continuing your employment in Canada.
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