If your temporary status in Canada — visitor, student, or worker — has expired, the law generally allows you to apply for restoration of status within a limited window. Applicants who are outside the regular restoration period generally cannot use the normal restoration process. Their available options depend on their status history and individual circumstances. This guide explains how restoration works, what common mistakes to avoid, and how to protect your future PR pathway.

What Is Restoration of Status?

Restoration is a regulatory mechanism under section 182 of the Immigration and Refugee Protection Regulations (IRPR) that allows a foreign national whose status has expired to apply, from within Canada, to have their status as a visitor, student, or worker re-instated. It is not an extension. Submitting a restoration application does not automatically restore temporary resident status. Status is restored only if IRCC approves the application.

The 90-Day Restoration Period

You must submit a complete restoration application within 90 days from the day your status expired. Day 1 is the day after your status end date. There is no extension to the 90 days for any reason — illness, travel, bad advice, or processing backlogs do not toll the clock.

An application submitted outside the regular restoration period will generally not qualify for restoration under the normal process. Case-specific advice may be required to determine the next legal step.

Who Can Restore — And Who Cannot

You may apply to restore if all of the following are true:

  • You were last admitted as a visitor, student, or worker.
  • Your status expired within the last 90 days.
  • You have not violated any conditions other than the expiry itself (no unauthorized work or study, with limited exceptions for students whose study permit expired but who stopped studying immediately).
  • You meet all the requirements of the status you are restoring to (e.g., for a student restoration, you must still be enrolled at a DLI and pursuing studies).

You cannot restore if:

  • More than 90 days have passed.
  • You worked or studied without authorization during the out-of-status period.
  • You are inadmissible on criminality, security, or misrepresentation grounds.
  • You are subject to an enforceable removal order.

What Restoration Costs

At the time of writing, the standard fees are:

  • Restoration of status: $239.75 per person.
  • Plus the underlying permit/extension fees (e.g., $100 for a visitor extension, $155 for a study permit, $155 for a work permit).
  • If applying as a worker, add the $100 open work permit holder fee where applicable.

Pay all required fees in the same application. A missing fee invalidates the application and the 90-day clock continues to run. Confirm current fees on IRCC's official fee list before submitting.

Step-by-Step: How to Restore

  1. Confirm your expiry date. Check your most recent IRCC decision letter — not your passport stamp.
  2. Stop any work or study immediately. Once your permit expires, your authorization ends.
  3. Gather evidence showing eligibility for the underlying status (enrollment letter, marriage certificate, job offer, LMIA, etc.).
  4. Write a letter of explanation acknowledging the lapse, the reason, and confirming you stopped working/studying.
  5. Submit online via your IRCC secure account, selecting "Restoration" as the application type.
  6. Wait. Processing times vary. Applicants should confirm the current estimate through IRCC's official processing-time tool. You do not have status while waiting, but you have implied authorization to remain in Canada pending the decision.

Working or Studying During Restoration

This is the single most damaging misconception. Under section 186 and 188 IRPR, your right to work or study is tied to a valid permit. Restoration is not implied or maintained status.

In most cases, an applicant may not work or study until both restoration and the associated work or study permit have been approved.

Unauthorized work or study may negatively affect the restoration application and future immigration applications. The consequences depend on the facts, the applicable regulations and the officer's assessment.

Wait until IRCC issues the new permit before resuming.

Restoration vs. Maintained Status

People confuse these constantly. The difference:

  • Maintained status (formerly "implied status") — You applied for a renewal before your current permit expired. You may continue working/studying under the same conditions while waiting.
  • Restoration — You applied after expiry. You may stay in Canada while waiting, but you may not work or study.

If your permit is about to expire, always apply for a renewal before the expiry date — even if your renewal isn't perfect — to lock in maintained status.

How Restoration Affects Your PR Pathway

A restored status period is still considered lawful for many purposes — but it is rarely "clean." Expect:

  • Express Entry — You can still apply. CEC requires authorized work; the out-of-status gap does not count.
  • Spousal sponsorship (inland) — Restoration may be necessary to maintain inland eligibility, but a lapse triggers extra officer scrutiny.
  • PNP nominations — Many provinces require continuous status. Disclose the lapse honestly.
  • Citizenship — Only PR time counts toward the 1,095-day physical presence requirement, so the gap doesn't directly hurt citizenship later, but PR processing may be affected.

When to Use a TRP Instead

If you're past day 90, or if you have a complicating factor (criminality, prior refusal, misrepresentation concern), a Temporary Resident Permit (TRP) under section 24 IRPA may be the only way to remain. TRPs are discretionary and require a compelling justification — usually issued for humanitarian, family, or significant Canadian-interest reasons. They are not a routine fix.

What to Do If 90 Days Have Already Passed

Applicants who are outside the regular restoration period generally cannot use the normal restoration process. Options depend on the individual's circumstances and may include departing Canada and applying for a new TRV, eTA, study permit, or work permit from abroad. Be prepared:

  • Officers will see the prior lapse in your GCMS notes.
  • You should disclose it on the next application and explain it clearly.
  • A regulated consultant can help frame the lapse to minimize refusal risk.

Frequently Asked Questions

Does leaving Canada during the 90 days reset the clock? No. The 90 days run from your status expiry regardless of travel.

Can I apply for a work permit and restoration at the same time? Yes. The restoration application is combined with the new permit application and both fees are paid together.

My employer wants me to keep working — what do I do? Stop working immediately and obtain case-specific advice. Unauthorized work may affect restoration and future immigration applications, but the consequences depend on the circumstances.

Will restoration appear on my record forever? The lapse appears in IRCC's internal notes (GCMS) indefinitely. It is not a refusal, but officers will see it on every future application.

How long does restoration take? Processing times vary. Applicants should confirm the current estimate through IRCC's official processing-time tool.

Next Steps

  • Free Assessment — If your status has lapsed or is about to lapse, start your free assessment to request an assessment of your available options.
  • Book a Consultation — Restoration timelines are unforgiving. Book a consultation with a Regulated Canadian Immigration Consultant today.