Restoration of Status in Canada (Out of Status)

Losing temporary resident status and applying for restoration in Canada

A tourist, worker, or student may lose their temporary resident status when their authorized period of stay in Canada expires before they have applied for an extension/change of status, or when they fail to comply with certain permit conditions.

Being out of status does not automatically mean being deported. However, staying in Canada without valid status or working/studying without valid authorization can lead to immigration consequences and enforcement actions. Therefore, it is necessary to have your case assessed as soon as possible.

Restoration of status within 90 days

In many cases, a tourist, worker, or student may apply for restoration of status within 90 days of losing their status, provided they meet the conditions set by IRCC.

• Must submit the restoration application within the applicable timeframe;
• Must fully explain the circumstances that led to the loss of status;
• Must continue to meet the initial requirements of the period of stay and applicable restoration conditions;
• Each family member who has lost status must have their own separate restoration application;
• Restoration of status is discretionary: submitting an application does not guarantee approval.

Workers who have lost status

If a work permit/status has expired, the worker must stop working. In cases where they are eligible for restoration, they may apply for restoration of status and apply for the appropriate work permit. Generally, that person may not resume working until the restoration of status and the new work permit have been approved.

Students who have lost status

If a study permit/status has expired, the student must stop their studies once their authorization is no longer valid. If eligible, they may apply for restoration of status within 90 days and apply for a new study permit. One may not continue studying simply because a restoration application is being processed.

Tourists who have lost status

Tourists who have stayed longer than permitted may be eligible to apply for restoration of status as a visitor if they apply within 90 days, fully explain the circumstances, and continue to meet the requirements for a visitor.

Restoration of status vs. Maintained status

If a temporary resident submits a valid application for extension before their status expires, they may have maintained status by law while IRCC processes their application, depending on the type of application and conditions. Conversely, someone who has already lost their status and then applies for restoration does not have maintained status simply because they have submitted a restoration application.

If more than 90 days have passed

Under normal restoration of status rules, if more than 90 days have passed and the person does not fall under a public policy or special measure, they are no longer eligible for restoration of status within Canada and must generally leave Canada and apply from outside if they wish to return to work, study, or visit Canada.

Note on special measures: certain temporary policies may create exceptions for specific groups of people. For example, from April 1, 2026, to November 30, 2028, IRCC has special measures for certain temporary residents directly affected by natural disasters in Canada, allowing for a longer period to restore status. This exception does not apply automatically to everyone out of status.

Working or studying without authorization

Working or studying without valid authorization can affect eligibility for restoration of status and future immigration applications. One should not continue to work/study simply because a restoration application has been submitted.

If the CBSA has intervened or a Removal Order has been issued

If you have received an order to appear, are under immigration investigation, have a report under Section 44, a removal order, or are facing enforcement action, your file is no longer a standard restoration of status case. It is necessary to separately assess your rights and options such as an IAD appeal, judicial review, stay of removal, PRRA, or other procedures if you are truly eligible.

KeyApply assistance

KeyApply assists with checking timelines/status, gathering documentation, and coordinating applications. Legal advice, representation before the IRB/Federal Court, and matters involving enforcement actions are handled by lawyers or appropriately licensed representatives.

Important: if you have just discovered that your status has expired, check the expiration date and conditions immediately, as the normal deadline for restoration of status is 90 days.

Event Schedule and Live Streams on immigration