Tag Archives: Restoration of Post-Graduate Work Permit

Federal Court Creates an (Incorrect) Legal Barrier for Post-Graduate Work Permit Restorers. Time for IRCC to Create the Solution.

Introduction

Mistakes happen with applications – missing documents, incorrect fees, expired passports, leading to applications being refused.

For those with refused applications, the general process is to rely on restoration,  allowing an individual to restore their status to a status they are eligible for and generally still meet the initial conditions of.

The law under R.182 of the Immigration and Refugee Protections Regulations (“IRPR”) provides the applicable regulation for restoration as follows:

Restoration of Temporary Resident Status

Marginal note:Restoration
  • (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), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), 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.

  • Marginal note: Exception

    (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).

  • SOR/2013-210, s. 2;
  • SOR/2014-14, s. 3.
  • (a) they shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies; and

  • (b) they shall actively pursue their course or program of study.