Losing your legal immigration status in Canada can be stressful, but in many cases it is not the end of your journey. Canadian immigration law allows certain foreign nationals to apply for restoration of status after their temporary resident status expires, provided they meet strict conditions and act within defined timelines. Whether you were in Canada as a visitor, student, or worker, understanding how restoration works, who qualifies, and how to apply correctly is essential to remaining compliant with Immigration, Refugees and Citizenship Canada (IRCC). This detailed guide explains the restoration process step by step, outlines eligibility rules, common mistakes, and practical strategies, and includes links to official Canadian government resources to ensure accuracy.
What It Means to Lose Status in Canada
You lose your temporary resident status in Canada when your authorized period of stay expires and you have not applied to extend or change your status. This can happen if your visitor record expires, your study permit expires, or your work permit expires and no extension or new permit application was submitted before the expiry date. Once status expires, you are considered out of status and are no longer legally authorized to remain in Canada unless restoration is approved. IRCC explains temporary resident status rules at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay.html.
What Is Restoration of Status
Restoration of status is a special application process that allows eligible temporary residents to regain their previous status after it has expired. It is not the same as an extension and it is not automatic. Restoration is discretionary and only available if you meet all legal requirements. Importantly, restoration does not erase the period during which you were out of status; it simply allows you to regain legal status going forward if approved. Official restoration policy is outlined by IRCC at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/restore-status.html.
The 90-Day Restoration Deadline
One of the most critical rules is the 90-day deadline. You must apply for restoration within 90 days of the date your status expired. If more than 90 days have passed, you are no longer eligible for restoration from inside Canada and may be required to leave the country and apply again from abroad. The 90-day period is calculated strictly, and IRCC does not grant extensions to this deadline. Missing it can have serious immigration consequences, including removal proceedings.
Who Is Eligible to Apply for Restoration
You may apply for restoration if you held valid temporary resident status as a visitor, student, or worker, your status expired less than 90 days ago, you continue to meet the requirements of your original status or the new status you are requesting, and you have not worked or studied without authorization after your status expired. You must also remain physically present in Canada at the time of application. Restoration eligibility criteria are confirmed by IRCC at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/restore-status/eligibility.html.
Who Is Not Eligible for Restoration
You are not eligible for restoration if more than 90 days have passed since your status expired, you failed to comply with permit conditions such as working or studying without authorization, you are inadmissible to Canada, or you are subject to an unenforced removal order. In these cases, restoration is not available and professional legal advice is strongly recommended.
Restoring Visitor Status in Canada
Visitors who overstayed their authorized stay may apply to restore their visitor status if they are still within the 90-day window. You must demonstrate that you will comply with visitor conditions, including not working or studying, and that you have sufficient financial resources to support yourself. The application is submitted online through the IRCC account portal at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/account.html.
Restoring Student Status in Canada
International students who fail to extend their study permit before expiry may apply for restoration if they are still eligible to study at a designated learning institution. You must submit proof of enrollment, a valid letter of acceptance, financial documentation, and evidence that you continued to comply with study permit conditions before expiration. During the period without status, you are not allowed to study until restoration is approved. IRCC student restoration guidance is available at https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/extend-study-permit.html.
Restoring Worker Status in Canada
Foreign workers may apply to restore their work permit if it expired less than 90 days ago and they remain eligible for the position. This usually requires a valid job offer, a new or extended Labour Market Impact Assessment if required, or proof of LMIA exemption. You are not authorized to work while out of status and must stop working immediately upon permit expiry until restoration is approved. Worker permit rules are detailed at https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend-permit.html.
How to Apply for Restoration of Status
Restoration applications are submitted online through your IRCC secure account. You must select both “restore my status” and the type of status you are applying for, such as visitor, student, or worker. The application includes updated forms, supporting documents, and an explanation letter describing why your status expired and confirming compliance with conditions. Applications are filed electronically at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/account.html.
Fees for Restoration Applications
Restoration involves additional fees beyond the standard permit fee. As of current IRCC rules, restoration costs CAD 200 plus the applicable permit fee, such as the visitor record fee, study permit fee, or work permit fee. These fees are non-refundable even if the application is refused. Updated fee information is published at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/fees.html.
What You Can and Cannot Do While Waiting for Restoration
While waiting for a restoration decision, you must remain in Canada and cannot work or study unless your status is restored. You do not benefit from maintained status, also known as implied status, because your status has already expired. Leaving Canada while a restoration application is in process will usually result in the application being considered abandoned. IRCC explains maintained versus restoration status at https://www.canada.ca/en/immigration-refugees-citizenship/services/visit-canada/extend-stay/maintained-status.html.
Processing Times for Restoration Applications
Processing times vary depending on the type of status and IRCC workload. Restoration applications generally take several weeks to several months to process. IRCC posts current processing estimates at https://www.canada.ca/en/immigration-refugees-citizenship/services/application/check-processing-times.html. There is no expedited processing for restoration in most cases.
Common Reasons Restoration Applications Are Refused
Restoration applications are commonly refused due to missing the 90-day deadline, working or studying without authorization after status expiry, insufficient documentation, failure to meet eligibility requirements, or providing weak explanations for the lapse in status. Inconsistent information between applications or previous non-compliance can also negatively affect the outcome.
What Happens If Restoration Is Refused
If your restoration application is refused, you are generally required to leave Canada immediately. Remaining in Canada without status after refusal can lead to enforcement action and negatively impact future immigration applications. Depending on your circumstances, you may be able to reapply from outside Canada or pursue other remedies, but professional legal advice is highly recommended. Enforcement and inadmissibility rules are outlined at https://www.canada.ca/en/immigration-refugees-citizenship/services/enforcement.html.
Impact of Restoration on Future Immigration Applications
Applying for restoration does not automatically harm future applications, but being out of status is a negative factor that immigration officers may consider. Demonstrating honesty, timely action, and compliance after restoration can help mitigate long-term effects. Repeated lapses or prolonged overstays, however, can significantly weaken future temporary or permanent residence applications.
Tips to Avoid Losing Status Again
To avoid future status issues, always track permit expiry dates, apply for extensions well in advance, maintain copies of submission confirmations, and ensure you understand the conditions attached to your status. Setting calendar reminders and consulting authorized immigration professionals can prevent costly mistakes.
When to Seek Professional Help
Restoration cases involving unauthorized work, study violations, criminal issues, or missed deadlines are legally complex. In such situations, consulting a licensed Canadian immigration lawyer or regulated immigration consultant is strongly advised. Professional representation can assess risk, prepare submissions, and advise on alternative options if restoration is not available.
Conclusion
Restoring your status in Canada after expiration is possible, but only if you act quickly, meet strict eligibility requirements, and follow IRCC procedures precisely. The 90-day deadline, compliance with past conditions, and accurate documentation are the foundations of a successful restoration application. While restoration provides a second chance for many temporary residents, it is not guaranteed and carries real risk if handled incorrectly. By relying on official IRCC guidance, understanding your obligations, and taking timely action, you can navigate the restoration process responsibly and protect your ability to remain in Canada lawfully.
Anjola Adebanjo