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PHILIPPINE ASIAN NEWS TODAY September 1 - 15, 2016
Immigration
Corner
By Giovanni G. Mata
A lot of people come
to our office asking if they
still have viable options to
reinstate their status after their
work permit, study permit
or visitor’s visa has expired;
or after their application for
extension of their temporary
resident status has been
refused.
Section 182 of the
Immigration and Refugee
Protection Regulation (IRPR)
provides: “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 par. 185 (a),
any of the subparagraphs
185 (b)(i) to (iii) or paragraph
(c), an officer shall restore
that status if following an
examination, it is established
that the visitor, worker or
stude nt meets the initial
requirements for their stay
and has not failed to comply
with any other conditions
Restoration of status for temporary
residents: How it works?
imposed.
The foregoing provision
provides the legal basis for
“restoration of status”. This
means that a visitor, worker
or student who has lost their
temporary resident status
may be able to restore or
bring back their status within
90 days from the date their
status expired.
However, the submission
of an application for restoration
does not immediately confer
a valid or implied status to the
applicant. There are various
requirements that must be
met and there must be valid
grounds before a status is
restored. First, the application
to restore status must be
made within 90 days from the
time the applicant lost his/her
status. Second, the status
must have been lost because
he/she has failed to comply
with the following conditions:
a) For visitors, the period
of authorized stay; b) for
workers, the conditions of his/
her work permit such as the
type of work, employer and
location of the work; c) and
for students, the conditions of
his/her study permit such as
the type of studies or course,
educational
institution,
location of studies and times
and period of studies. Third,
the applicant must meet the
initial requirements for his/
her stay and has not failed
to comply with any other
conditions imposed.
An
applicant
for
restoration has to pay the
restoration fee of $200.00. If
the applicant is also applying
for work or study permit, he/
she has to pay the processing
fee of $155.00 in addition to
the restoration fee for a total
of $355 ($200 + $155). The
application is then submitted
to Central Processing Centre
(CPC) – Vegreville. If the officer
is satisfied that there is a valid
ground to restore status and
the application is granted, a
study permit, work permit or
a visitor record, as the case
may be, will be issued to the
applicant. However, if the
restoration is refused, the study
or work permit application
will also be refused, and the
applicant must leave Canada
immediately.
An
application
for
restoration of status can only
be availed of from within
Canada. Thus, if an applicant
leaves Canada, his/her status
can no longer be restored.
Applicants coming from visa
required countries should
therefore apply for a new
temporary resident visa as
they are deemed to be seeking
a new entry. Those, however,
who have pending application
can still stay in Canada but
are not allowed to work or
study as they do not have any
status at all in Canada. They
can only resume working or
studying after they receive
their restored work or study
permit.
If you are a foreign
worker, student or visitor who
is out of status, we can help
you go through the process
to restore your status in
Canada. If you need help or
have questions about the
process, you can reach me at
[email protected]
Giovanni is an articled
student at Equity Law
Group. Articling is the last
phase of becoming a lawyer
in Canada. Law Society of
British Columbia Rule 2-60
permits an articled student
to provide all legal services
that a lawyer can offer, with
some exceptions. He is
also a licensed immigration
consultant
with
ICCRC,
a Philippine Trial lawyer,
Certified International Trade
Professional in Canada, and
an Arbitrator.
Disclaimer: This article is
for information purposes only
and not to provide specific
legal advice.
THE NEGRENSES
ASSOCIATION OF BC
By Gercris Sotana
President
The Negrenses Association
of BC is a registered non-profit
organization in British Columbia. It
is called NEGRENSES because the
membership is composed mostly of
individuals & their families from the
province of Negros Occidental.
The association’s main activity
is our October 1rst Dinner & Dance.
The proceeds of this yearly activity
go directly to help our less fortunate
brothers and sisters in The Philippines
particularly in Negros Occidental
through our Medical Missions.
Besides our yearly Dinner &
Dance & our Medical Missions to
Negros Occidental, we also actively
participate in The Filipino-Canadian
cultural activities here in Canada such
as The Pinoy Fiesta, Fiesta ng Bayan &
WWW.PHILIPPINEASIANNEWSTODAY.COM
Fundraising for Cancer foundation to
name a few. We have also donated &
send aid to victims of natural disasters
in The Philippines.
Since 2009 we have conducted
medical missions in barangays
Tangub, Banago, San Enrique and
Pontevedra. In January of next year
we will have our Medical Mission in
the municipality of Manapla. In this
mission we will also distribute reading
glasses to the elder population.
Besides our Medical Missions we also
conduct feeding programs to children
mostly from 0-8 years old.
To support our cause or to be
a member of the association please
email us at: negrenses_abc@yahoo.
com.