Key Highlights
- Restoration must reach IRCC within ninety days of the day your status expired.
- You may stay in Canada while it is pending, but you may not work or study until the new permit is issued.
- Current fees are $246.25 to restore visitor status, $401.25 for worker status and $396.25 for student status.
- Maintained status and restoration are separated by a single day and have very different consequences.
- If the ninety days has passed, restoration is gone and the application has to be made from outside Canada.
Restoration of status is the mechanism that lets a visitor, worker or student who has lost status in Canada apply to get it back without leaving the country.
Losing status in Canada is not the end of the file, but it is a ninety day problem. Restoration is the mechanism that lets a visitor, worker or student who has fallen out of status apply to get it back without leaving the country. It is also one of the most misunderstood parts of temporary residence, because people confuse it with maintained status, assume they can keep working while it is pending, or discover on day ninety three that the door has closed.
The ninety day rule for restoration of status
Maintained status, which used to be called implied status, applies when you file an extension before your permit expires. You keep the conditions of your existing permit while the new application is processed, which for a worker means you keep working.
Restoration applies when your permit has already expired and no extension was filed in time. You are out of status. You are asking IRCC to put you back in. The two are separated by a single day, and the consequences of being on the wrong side of it are substantial.
The ninety day rule
IRCC must receive your restoration application no more than ninety days after your status expired. Online applications must be in before midnight UTC on the ninetieth day, which for anyone in Ontario means the deadline effectively falls in the evening rather than at the end of your own day. We treat the eighty fifth day as the real deadline for this reason.
To be eligible you must have met the requirements of your original stay, complied with every condition on the expired permit, and you must not be a temporary resident permit holder. There is no discretion to extend the ninety days for sympathy reasons.
What it costs
| Situation | Fee |
|---|---|
| Restore visitor status | $246.25 |
| Restore worker status, including the new work permit | $401.25 |
| Restore student status, including the new study permit | $396.25 |
| Open work permit holder fee, where applicable | $100.00 |
| Biometrics, where required | $85.00 |
Fees shown are the IRCC amounts in effect as at 30 July 2026. IRCC reviews these amounts periodically, so confirm the current figure on the IRCC fee list on the day you pay.
The part that costs people their job
You may remain in Canada while a restoration application is being processed. You may not work or study while it is pending. Authorisation does not resume until the status has actually been restored and the new permit issued.
This is the single most damaging misunderstanding in this area. Someone files restoration, keeps going to work because they are still in the country and the application is in, and by the time the permit issues they have several months of unauthorised work sitting in their history. That is a breach of conditions. It surfaces later, in the next application, in a permanent residence file, or at a port of entry, and it is far harder to fix than the original lapse.
If you have already worked while out of status, say so and get advice before your next filing. Unauthorised work is a serious issue but it is one that can sometimes be addressed. Concealing it turns a conditions problem into a misrepresentation problem, and misrepresentation carries a five year bar.
What happens if the ninety days has passed
If more than ninety days have gone by without a restoration application, restoration is no longer available. The person must leave Canada and apply again from outside if they want to return to work or study. Foreign workers holding a provincial support letter are treated differently, and that exception is worth checking before anyone books a flight.
Leaving is not always the disaster it appears to be. A properly prepared application from outside Canada, which explains the lapse rather than hoping the officer does not notice it, often produces a better outcome than a rushed restoration filed on day eighty nine with thin evidence.
Five mistakes we see in restoration files
- Counting ninety days from the day the person noticed, rather than from the day the permit expired.
- Filing restoration without also filing the underlying permit application, so there is nothing to restore into.
- Continuing to work or study while the application is pending.
- Filing on the same facts that caused the original refusal or expiry, with no new evidence and no explanation.
- Failing to disclose a previous period out of status in a later application, which converts a fixable problem into misrepresentation.
How we handle these files
Restoration is time critical, so the first thing we establish is the exact expiry date and the exact number of days remaining. From there it is a question of whether the underlying eligibility still holds, what evidence exists to show the conditions of the original permit were met, and whether there is anything in the history that needs to be explained rather than left for an officer to find. Where the ninety days has already passed, we say so directly and move to the outside Canada option rather than filing something that cannot succeed.
Frequently Asked Questions
How long do I have to restore my status in Canada?
IRCC must receive the application no more than ninety days after your status expired. Online applications must be submitted before midnight UTC on the ninetieth day.
Can I work while my restoration application is being processed?
No. You may remain in Canada, but you are not authorised to work or study until your status is restored and the new permit is issued.
How much does restoration cost?
Restoring visitor status is $246.25. Restoring worker status is $401.25, which includes the new work permit fee. Restoring student status is $396.25, which includes the new study permit fee. Biometrics and the open work permit holder fee may also apply.
What is the difference between maintained status and restoration?
Maintained status applies when you file an extension before your permit expires and lets you keep working under the same conditions. Restoration applies after the permit has already expired, and you cannot work while it is pending.
What if more than ninety days have passed?
Restoration is no longer available. You must leave Canada and apply from outside if you want to work or study here again. Foreign workers with a provincial support letter are treated differently.
Sources
- IRCC: Restore your status and get a work permit
- IRCC: Extend your study permit or restore your status
- IRCC fee list
Related reading
Ninety days is not as long as it sounds
The deadline runs from the day your permit expired, not the day you noticed. Working while restoration is pending is a breach of conditions that follows you into every later application. Get the dates confirmed before you do anything else.
