Eligible visitors, workers and students may apply to restore temporary resident status within 90 days after losing it. Filing a restoration application does not recreate maintained status, and applicants generally cannot work or study until restoration and the required permit have been approved.

Restoration of Status in Canada: The 90-Day Rule

Restoration is not the same as maintained status

A temporary resident who submits an eligible extension application before their status expires may benefit from maintained status while remaining in Canada. For example, a worker who applies to extend a work permit on time may be authorized to continue working under the conditions of the original permit.

Restoration of status applies after status has already been lost. Submitting a restoration application does not immediately restore the applicant’s former status or employment and study authorization. IRCC: What to do if your work permit expired

When does the 90-day period begin?

Section 182 of the Immigration and Refugee Protection Regulations permits an eligible visitor, worker or student to apply within 90 days after losing temporary resident status.

The starting date may be:

• the expiry date on a work permit, study permit or visitor record;
• the end date written in the passport;
• generally six months after entry for a visitor who received no stamp or separate document;
• the refusal date when an extension application is refused after a period of maintained status; or
• the original status expiry date when an extension application is rejected as incomplete.

An incomplete application may be treated as though it was never submitted. Applicants should therefore not assume that it created maintained status. Study permits can also become invalid before their printed expiry date in certain circumstances. IRCC’s restoration instructions · IRPR section 182

Can you work or study while restoration is pending?

Generally, no. IRCC states that a person who has lost both status and the authority to work or study may not continue working or attending school until restoration is approved and, where required, a new permit is issued.

A restoration submission confirmation is not proof of work authorization. An employer should not keep someone working merely because the person has applied within the 90-day period.

There may be narrow situations in which a separate regulatory provision or public policy provides authorization. Those exceptions must be established independently; they do not arise simply because a restoration application was filed.

Former workers and students may restore as visitors

IRCC updated its instructions on May 1, 2026, clarifying that a former worker or student may apply to restore temporary resident status as a visitor only when they no longer need—or no longer qualify for—work or study authorization.

The applicant must still meet the visitor requirements, including demonstrating the purpose of the continued stay, adequate financial support and the temporary nature of the visit. Restoration as a visitor does not authorize employment or studies.

Not every breach can be corrected through restoration

Restoration is discretionary and is not guaranteed. The applicant must apply from inside Canada, meet the deadline, continue to satisfy the requirements of the requested status and remain in Canada until IRCC makes its decision.

Some violations may make an applicant ineligible. IRCC’s instructions distinguish between certain breaches of permit conditions and working or studying without authorization. Anyone who continued working or studying after losing authorization should assess the effect of that activity before applying and disclose the facts accurately.

Leaving Canada while the restoration application is being processed makes the person ineligible for in-Canada restoration, according to IRCC’s instructions. Restoration also cannot be requested or granted at a port of entry.

Current fees and supporting evidence

IRCC’s fee list, modified September 21, 2026, shows:

• restoration as a visitor: C$246.25;
• restoration as a student plus a new study permit: C$396.25; and
• restoration as a worker plus a new work permit: C$401.25.

An additional open-work-permit holder fee may apply where relevant.

The application will generally require a passport, the previous immigration document, an explanation of when and why status was lost, financial evidence and documents establishing eligibility for any requested permit. Restoration requirements and fees apply separately to each family member who lost status. IRCC’s official fee list

FAQ

Q1. Can I keep working if I apply for restoration the day after my work permit expires?
Generally, no. Restoration filed after expiry is different from an eligible extension filed before expiry. The restoration application itself does not authorize continued work.

Q2. Can I apply after the 90-day period?
The ordinary restoration process under IRPR section 182 requires an application within 90 days after status is lost. After that period, the usual option is to leave Canada and apply for the required authorization from outside Canada, subject to any current public policy.

Q3. Can a former student restore status as a visitor?
Potentially, yes. The person must apply within 90 days and meet the visitor requirements. Visitor status does not permit the person to resume studies or employment.

Disclaimer

This article provides general information and is not legal or immigration advice. Eligibility depends on the reason and date status was lost, any unauthorized work or study, the documents requested and the applicant’s full immigration history. Always review current IRCC instructions and obtain individualized advice where appropriate.