IRCC Relaxes Rules for Restoration Applications in Canada

Calgary, Alberta 

July 14, 2020 

The whole world is hit hard by the COVID19 pandemic. The situation is so severe that it has made almost impossible to submit complete applications in Canadian immigration matters. Canada has been keeping up with the situation and has provided temporary relief in many cases. Extending the biometrics completion deadline and the decision of not closing the incomplete applications are few examples. A relaxation in rules now applies for restoration applications in Canada.

General Relief to all Temporary Resident Status Holders

Today, Canada has introduced another temporary relief in the Immigration and Refugee Protection Regulations section 182(1) which reads: 

“On application made by a visitor, worker or student within 90 days after losing temporary resident status…” 

As of today, this 90-day restoration period has been extended. Temporary residents of Canada now have until December 31, 2020 to submit an application to restore their status. This brings a huge relief to the temporary residents whose status has expired, and they had been unable to apply for restoration. The applicant must still satisfy the officer that they meet all the requirements for the type of status and authorization they are applying to restore. 

Additional Relief to former Work Permit Holders

The new updated public policy also allows the former work permit holders to continue working while they wait for a decision on their restoration application. Below are the terms the work permit holders must satisfy in order to take advantage of this relaxation: 

1. They must be applying for an employer specific work permit
2. Must have a job offer
3. They must submit a work permit application as per below:
   1. Application supported by a Labour Market Impact Assessment (LMIA); or
   2. An LMIA-exempt offer of employment.
4. Notify the IRCC through the process in place for eligible foreign nationals.

These updates from IRCC come at the much-needed time where it is very difficult to source the required documents needed of application submission. The complexity increases further when applicants need to gather documents from other countries. We hope that IRCC would soon announce updates on the biometrics situation as the biometrics collections centres are still closed.