Lost Status in Canada? How to Restore It in 90 Days
If your work permit, study permit or visitor status expires before you apply to extend it, you may lose your legal temporary resident status in Canada.
Losing your status does not always mean you must leave Canada immediately. In many cases, you may apply to restore your status within 90 days of the date it expired. However, restoration is not automatic, and you may have to stop working or studying while Immigration, Refugees and Citizenship Canada reviews your application.
Understanding the deadline, application process and restrictions can help you act quickly and avoid further immigration problems.
What Losing Your Immigration Status Means
People living in Canada under temporary immigration status must follow the conditions attached to their stay.
You may lose your status if your work permit, study permit or visitor status expires before you apply for an extension. You may also lose status if you work for a different employer without authorization, change your studies in a way that does not comply with your study permit or fail to respect another condition attached to your status.
Once you lose your status, you are no longer authorized to continue the activity covered by your expired permit. A worker must stop working, while a student must stop studying until their status and authorization have been restored.
Who Can Apply to Restore Their Status?
You may be eligible to apply for restoration if you submit your application within 90 days of losing your status, continue to meet the original requirements of your stay and complied with the conditions of your permit apart from the issue that caused you to lose status.
You must also apply from inside Canada and must not be a temporary resident permit holder.
Meeting these conditions does not guarantee approval. IRCC will review your circumstances and decide whether your status should be restored.
The 90-Day Restoration Deadline
In most cases, IRCC must receive your restoration application within 90 days of the date you lost your status.
For online applications, the deadline is calculated using Coordinated Universal Time, also known as UTC. You should therefore avoid waiting until the final hours of the last day to submit your application.
If more than 90 days have passed and no special public policy applies to your situation, you will generally need to leave Canada and apply again from outside the country.
Some temporary public policies may provide a longer restoration period for specific groups. Applicants should always check the latest IRCC information to confirm whether any special measure applies to them.
How to Restore Your Status as a Visitor
If your visitor status expired less than 90 days ago, you may apply to restore it from inside Canada.
When completing the application, you must indicate that you want to restore your visitor status and explain why you remained in Canada beyond the authorized period.
Your application should include a clear and truthful explanation of what happened, along with documents showing that you can support yourself and that your continued stay in Canada is temporary.
Approval is not guaranteed simply because the application was submitted within the restoration period.
How to Restore Your Status as a Worker
If your work permit expires before you submit an extension application, you must stop working immediately.
To work legally again, you generally need to apply to:
- restore your immigration status as a worker; and
- obtain a new work permit.
Submitting a restoration application does not give you permission to continue working. You must wait until IRCC restores your status and issues the new work permit.
Additional requirements may apply depending on the type of work permit you are requesting.
If accompanying family members also lost their status, each person must submit a separate restoration application.
How to Restore Your Status as a Student
If your study permit expires before you apply to extend it, you must stop studying.
To continue your programme, you generally need to apply to:
- restore your immigration status as a student; and
- obtain a new study permit.
Your application should include the required forms, supporting documents and a written explanation of why you did not apply before your permit expired.
You may remain in Canada while IRCC processes an application submitted within the restoration period. However, you cannot resume your studies until your status has been restored and your new study permit has been issued.
Each accompanying family member who has also lost status must submit a separate application.
Required Documents
The documents required will depend on whether you are restoring your status as a visitor, worker or student.
Your application may include:
- a valid passport;
- a copy of your expired permit or visitor record;
- proof of your address in Canada;
- proof of financial support;
- a new job offer or employment documents, where applicable;
- a letter of acceptance or enrolment documents, where applicable;
- proof that you meet the requirements for the new permit; and
- a written explanation of why you lost your status.
You must also provide any additional documents listed in your personalized IRCC application checklist.
Your explanation letter is especially important. It should clearly state what happened, when you discovered the problem and what steps you took to correct it. The information in the letter must also agree with the dates and details in your application forms.
Can You Work or Study While Restoration Is Processing?
Generally, no.
If your work permit expired before you applied, you must stop working and wait until IRCC restores your status and issues your new work permit.
If your study permit expired, you must stop studying until your student status has been restored and a new study permit has been issued.
This is different from maintained status, which may allow certain workers or students to continue their activities when they submitted a valid extension application before their permit expired.
Maintained Status and Restoration Are Not the Same
Maintained status may apply when you submit an eligible extension application before your current permit expires.
For example, a worker who applies to extend a work permit before its expiry may be able to continue working under the same conditions while waiting for a decision, provided the person remains in Canada and meets the applicable requirements.
A student who submits an eligible study permit extension before expiry may also be able to continue studying while waiting for IRCC’s decision.
Restoration applies after status has already been lost. It does not normally give you permission to work or study while the application is being processed.
Changing to a Different Status During Restoration
Changing from one type of immigration status to another can be more complicated after your permit expires.
IRCC may require you to restore the status and authorization you previously held before it can process a request for another type of permit.
For example, someone whose work permit expired may need to restore their worker status before a study permit request can be fully considered.
Specific rules may also apply to graduates who want to apply for a Post-Graduation Work Permit after their study permit has expired. Eligible graduates may be able to restore their student status and apply for the PGWP at the same time.
Because the correct process depends on your previous status and the new status you want, it is important to understand the requirements before submitting an application.
What Happens After You Apply?
After you submit your restoration application, you may remain in Canada while IRCC reviews it, provided you applied within the permitted restoration period.
However, your status is not restored simply because the application has been submitted. You must wait for IRCC to approve it.
IRCC may approve your application and issue a new visitor record, work permit or study permit. It may also request additional information or supporting documents before making a decision.
If the application is refused, you will generally need to leave Canada.
Submitting a restoration application does not guarantee approval, and it does not automatically authorize you to work or study.
Common Restoration Mistakes to Avoid
Missing the 90-Day Deadline
Waiting too long can remove your ability to use the regular restoration process. Start preparing your application as soon as you discover that your status has expired.
Continuing to Work or Study
Unless a specific exemption applies, you must stop working or studying after losing your status. Continuing without authorization may create further immigration problems.
Submitting an Incomplete Application
Missing forms or supporting documents may delay the application or prevent IRCC from fully assessing your request.
Providing a Weak Explanation
A short statement saying that you forgot to apply may not adequately explain what happened. Your letter should provide clear dates, circumstances and the steps you took once you discovered the problem.
Submitting Inconsistent Information
The dates and details in your application forms, employment history, education records and explanation letter should all agree.
Assuming Restoration Is Guaranteed
Applying within 90 days only allows IRCC to consider your request. It does not guarantee that your status will be restored.
How Sehli Global Can Help
As a licensed Canadian immigration consulting firm, we help individuals restore or renew their immigration status in Canada and understand the steps required for their situation.
We review how and when the status was lost, determine whether restoration may still be available, and prepare the required application and supporting explanation.
Restoration applications are time-sensitive. You can book a consultation with Sehli Global to discuss your situation and begin the appropriate process.
Conclusion
Losing your immigration status in Canada is serious, but you may still have an opportunity to correct the situation if you act within the required timeframe.
In most cases, you have 90 days to apply for restoration. During this period, workers must stop working and students must stop studying until IRCC approves the restoration and issues the appropriate permit.
Submitting a complete application with the right supporting documents and a clear explanation gives IRCC the information it needs to assess your request.
Frequently Asked Questions
How many days do I have to restore my status in Canada?
In most cases, you have 90 days from the date you lost your immigration status. Certain temporary public policies may give additional time to specific groups.
Can I stay in Canada while my restoration application is processing?
You may remain in Canada while IRCC processes an application submitted within the restoration period. However, your status is not restored until the application is approved.
Can I continue working after submitting a restoration application?
Generally, no. If your work permit expired before you applied, you must stop working until your status is restored and a new work permit is issued.
Can I continue studying after submitting a restoration application?
No. If you lost your student status, you must stop studying until IRCC restores your status and issues a new study permit.
What happens if more than 90 days have passed?
Unless a special public policy applies, you will generally need to leave Canada and apply for the appropriate authorization from outside the country.
I have lost my status and do not know what to do. Can Sehli Global help?
Yes. We help individuals understand whether restoration may still be available and guide them through the application process. You can book a consultation with Sehli Global to receive guidance based on your circumstances.
