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Canada Extends Relaxed Restoration Provisions for Out-of-Status Foreign Nationals

Under Canadian law, any foreign national in Canada must maintain proper immigration status (whether as a worker, student, or visitor). This is done through renewals of immigration documents via an inland process. However, the law allows that in some cases, persons whose status has lapsed may still reinstate their status through a process called ‘restoration’. The law provides that such restoration can be done for up to 90 days after the lapse of status. (Though beyond the scope of this article, there are caveats and considerations with regard to, among other issues, the right of foreign workers to continue to work until worker status is restored, etc.)

In July 2020, in view of the COVID pandemic, Immigration, Refugees and Citizenship Canada (IRCC) announced that the usual 90 day period for restoration would be extended to allow for restoration until December 31, 2020. (See details at https://bit.ly/3s6f7tS.)

IRCC has now announced that this program of leniency will be extended to August 31, 2021. Note that this provision applies to foreign nationals in Canada on or after January 30, 2020, and whose status may be expiring up until May 31, 2021.

The information in this article is for general purposes only, and not intended as legal advice for any particular situation.