How to restore a work or study permit after the 90-day period has expired?
A new public policy introduced recently by Immigration Canada allows to restore a work permit or study permit, or a visitor record, even after the 90-day period has passed. This policy will remain in force until August 31, 2021. In order to be eligible to apply, you must prove that you entered Canada between January 30, 2020 and May 31, 2021.
Furthermore, if you who held a work permit in the 12 months prior to your application for restoration and you are applying to restore your status as a worker, you may receive an authorization to work (interim work authorization) prior to your new work permit issuance, provided that you are applying for a job offer-supported, i.e. employer-specific, work permit. The terms “job offer” and “employer-specific” refer to an application for a work permit supported either by a Labour Market Impact Assessment (LMIA) or an LMIA-exempt job offer. If you wish to receive the interim work authorization, you will have to request it separately through the Department’s Web Form after you have submitted your work permit and restoration application.
Question: Do I qualify for restoration if I worked illegally?
Answer: Normally, section R200(3)(e) of the Immigration Regulations prohibits the issuance of work or study permits to individuals who have worked or studied while they were not authorized to do so in the 6 months preceding their applications. However, the current public policy waives the requirements of section R200(3)(e) for those who worked or studied illegally after May 31, 2021 or after the expiry of their temporary status. Some restrictions apply. Please contact our office to confirm that you are eligible.
Question: My work permit extension application was refused in 2020. I had no other choice but to apply for restoration of my status as a visitor in order to comply with the deadline of December 31 as per the previous public policy. Now that the public policy has been extended until August 31, 2021, am I eligible to apply to restore my status as a worker while my visitor record application is still pending decision?
Answer: If you have a pending application to restore your status as a visitor and if you meet the requirements of the above public policy, you may either submit a new application to restore your status as a worker or withdraw your visitor record application and submit a new work permit restoration application. Alternatively, there is another COVID-19 public policy, described below, that came into effect on August 24, 2020. It allows visitors in Canada to apply for a work permit inside Canada.
The public policy allows certain temporary residents in Canada with a visitor status to apply for a work permit from within Canada. While all visitors in Canada can apply for an employer-specific work permit under the public policy, interim authorization to work may be issued only to those who had a work permit in the last 12 months. This public policy is valid until March 31, 2021. To be eligible, you (i) must be in Canada with a valid visitor record (visitor status) or be under implied status, (ii) have been physically in Canada on August 24, 2020 and remained in Canada since, and (iii) you are submitting an employer-specific work permit application in Canada.
For more information about the work permit program, please contact our office.
