If your study permit, work permit or visitor status has expired and you did not apply to extend it in time, you have 90 days to apply for restoration under section 182 of the Immigration and Refugee Protection Regulations. Miss that window and the remedy disappears: you are expected to leave Canada, and any further application generally has to be made from outside the country. This is the single most time-sensitive problem in temporary residence practice, and the clock starts on the day status is lost, not on the day you notice.
Key Takeaways
- Restoration is available for visitors, workers and students within 90 days of losing status.
- You must still meet the original requirements for the status you are restoring, and must not have breached any other condition.
- Restoration is not automatic. It is a decision, and it can be refused.
- You cannot work or study while a restoration application is pending. Maintained status does not apply to someone who applied late.
- There is a restoration fee in addition to the fee for the permit itself. Verify current amounts on the IRCC posting before filing.
What restoration actually is
Section 182 provides that where a visitor, worker or student loses temporary resident status for failing to comply with certain conditions — the expiry of the authorized period of stay, or non-compliance with conditions on work or study — an officer shall restore that status on application made within 90 days, if the person still meets the initial requirements for their stay, has not failed to comply with any other conditions imposed, and is not subject to a declaration under section 22.1 of the Act.
Two features matter. First, the word is mandatory: if the criteria are met, the officer restores. Second, the criteria are not trivial. “Meets the initial requirements for their stay” means the whole test is reopened. A student restoring a study permit must still show enrolment, funds, and an intention to leave at the end of the authorized period. A worker must still hold a qualifying job offer or authorization. In practice, a restoration application is a fresh application with an extra hurdle attached.
There is also an express limit: an officer shall not restore the status of a student who is not in compliance with a condition to actively pursue their course or program of study.
The 90 days
The 90-day period runs from the day status is lost. For most people that is the expiry date printed on the permit or visitor record. For a student who stopped studying, or a worker who stopped working for the named employer, the date can be earlier and harder to fix — which is why the first thing counsel does is establish the exact date of the breach.
If you apply on day 91, the officer has no discretion to help. There is no humanitarian override built into section 182. The realistic options at that point are leaving Canada and applying from abroad, or, in narrow circumstances, a temporary resident permit.
What you cannot do while waiting
This is where the real damage happens. A person who applies to extend before their permit expires keeps working or studying under maintained status while the application is processed. A person who applies for restoration does not. There is no authorization to work or study during a restoration application, and working anyway compounds the problem: unauthorized work is itself a breach that can defeat the restoration application and follow you into future applications.
The practical consequences are concrete. Employment stops. Income stops. For students, a semester can be lost. And because Canadian work experience must be authorized to count toward the Canadian Experience Class, time spent out of status and time worked without authorization does not build toward permanent residence.
Common situations
The student who fell below full-time. Study permit conditions require actively pursuing studies. A leave that was not properly authorized, or a semester dropped without documentation from the institution, can put a student out of compliance before the permit expires. Restoration here requires evidence from the school, not just an explanation.
The worker whose permit expired during a job change. An employer-specific permit does not authorize work for a new employer. Where the new permit application was filed late, restoration is required, and the worker cannot work in the interim.
The visitor who overstayed. A visitor who did not apply for a visitor record before the authorized period ended is out of status on the day it ends, even if there is a valid multiple-entry visa in the passport. The visa authorizes travel to Canada; it does not extend a stay inside Canada. See our guide to visitor visas, eTAs and the Super Visa.
The graduate between permits. A study permit generally becomes invalid 90 days after graduation for someone remaining in Canada. Where the post-graduation work permit application was not filed in time, restoration may be needed before it can be submitted from within Canada — and no work is permitted during that process. The sequencing is set out in our study permit guide.
Building the application
A restoration application should do three things.
Establish the date and the cause. Say plainly when status was lost and why. Officers respond better to a documented, unflattering explanation than to a vague one.
Re-prove the underlying eligibility. Current letter of acceptance or enrolment, current job offer or employer compliance documentation, updated proof of funds, and evidence of ties. Treat it as a first application.
Address compliance going forward. Where the loss of status resulted from a mistake that is now fixed — a school letter confirming re-enrolment, an employer confirming the correct occupation and location — put that evidence in the file.
Where the underlying permit is an LMIA-exempt work permit, remember that the employer-side documentation may also need refreshing, because the offer of employment submitted through the Employer Portal has its own validity.
FAQ
How long does restoration take to process?
Processing times vary and are posted by IRCC. The critical point is that you cannot work or study during that period, so the practical cost is the delay itself. Check the current IRCC posting.
Can I leave Canada while restoration is pending?
Leaving generally ends the restoration application, because restoration is available to a person in Canada. Departure may also mean you need a new application, and possibly a new visa, to return. Take advice before travelling.
Does restoration erase the period without status?
Restoration returns you to lawful status going forward. It does not convert the intervening period into authorized time, which matters for work experience calculations and for future applications that ask about compliance history.
Can I apply for restoration twice?
Each restoration application must be filed within 90 days of the loss of status it addresses. Repeated compliance failures weigh against a finding that you meet the requirements for your stay.
What if the 90 days have passed?
Restoration is no longer available. Options may include applying from outside Canada or, in compelling circumstances, seeking a temporary resident permit. Both are harder than filing on time, which is why the date should be confirmed at the first consultation.
Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on restoration of status and urgent temporary residence problems. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.
