Overview
Restoration of temporary resident status is a remedy available to foreign nationals in Canada who have lost their temporary status — as a visitor, student, or worker — due to an overstay, a condition breach, or permit expiry, and who wish to restore that status and continue in Canada lawfully. Applications must be submitted to IRCC within 90 days of the day status was lost. After the 90-day window closes, restoration is no longer possible and the person becomes an inadmissible unauthorized person who must leave Canada or face removal. Critically, a person who has lost status and has a restoration application pending cannot work or study in Canada until the restoration is approved.
For current restoration fees, eligibility criteria, and the application process, refer to the IRCC restore your status page.
Legal basis
- Immigration and Refugee Protection Act (IRPA), s 47 — when a foreign national loses temporary resident status
- Immigration and Refugee Protection Regulations (IRPR), s 182 — restoration of temporary resident status
- IRCC: Restore your status and get a work permit — canada.ca/restore-status
- Guide 5551 — Applying to Change Conditions or Extend Your Stay in Canada
- Guide 5553 — Applying for a Work Permit Inside Canada
How it works
When restoration is needed — vs. extension and maintained status
Understanding the difference between restoration and extension is critical:
- Extension (before expiry): if a person applies to extend their stay or renew their permit before the current permit expires, they maintain implied/maintained status while the application is pending — their ability to stay (and in some cases work or study) continues. See the implied/maintained status page
- Restoration (after expiry): if the permit expires and the person did NOT apply before expiry, they lose status. Restoration is the mechanism to recover lawful status — it requires a new application, a new fee, and a determination that the criteria are met
Restoration is not the same as an extension — it involves a lapse in status and requires IRCC to determine whether the person qualifies to have their status restored.
The 90-day window
Restoration applications must be submitted within 90 days of the day the person's status expired. The 90-day clock runs from the date status was actually lost (the day after the authorised stay expired, the day a permit condition was breached, or the day a permit expired without a timely renewal application). After 90 days, the person is no longer eligible for restoration and must either:
- Depart Canada voluntarily
- Apply for a Temporary Resident Permit (TRP) to remain in Canada if extraordinary circumstances justify it
- Face removal proceedings if remaining unlawfully
Conditions that can be restored
Restoration is available for:
- Visitors who stayed beyond their authorised stay
- Students whose study permit expired without a timely renewal, or who breached a condition (such as studying at an unauthorised institution)
- Workers whose work permit expired, or who worked outside the conditions of their permit (such as working for an employer not listed on a closed work permit)
The restoration restores the person to the same category they were in when they lost status. A worker who lost status by working for the wrong employer would be restored as a worker — they must also simultaneously apply for a new work permit (or a change in conditions) to authorise the work they intend to do going forward.
Cannot work or study while restoration is pending
One of the most important practical points: once status is lost, a person who files a restoration application does not have implied/maintained status. The implied/maintained status rules apply to persons who apply before their permit expires. A person with a pending restoration application has no lawful authority to work or study in Canada until the restoration is actually approved. Working or studying while a restoration is pending may be treated as a further violation.
Fees
The restoration fee is $200 per person. If the person is also applying for a new study permit alongside the restoration, there is an additional $150 study permit fee. Each family member who has lost status must file separately and pay the restoration fee separately. For current fee amounts, refer to the IRCC restore status page.
What happens after restoration is approved
If restoration is approved, the person's status is restored to the same temporary resident category they held before. IRCC may impose conditions on the restored status. If the person also needed a new permit (e.g., a work permit renewal), that must be obtained separately — restoration alone does not provide a new permit, it restores the eligibility to hold a permit in that category.
Persons not eligible for restoration
Restoration is not available to every person who has lost status. Key exclusions include:
- Persons whose 90-day window has passed
- Persons who are inadmissible on grounds such as criminality, security, or misrepresentation
- Persons who have been issued a removal order (in some circumstances)
Related pages
Restoration of status is an important safety valve for persons who unintentionally allowed their status to lapse — a common situation for international students who began a new programme without renewing on time, or workers whose employer-arranged renewal was delayed. However, the 90-day window is strict and there is no mechanism to apply for restoration after it closes short of a TRP. Persons who are uncertain whether they have lost status (for example, if their permit expired but they believe they had an outstanding extension application) should check their status through MyCIC or consult a representative. For current restoration eligibility, the detailed application guide, and the forms required to restore status as a worker, student, or visitor, refer to the IRCC restore your status page.