Founder and Principal Consultant
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You must stop working or studying immediately after your permit expires.
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Do not leave Canada while your application is in process. Leaving ends the application, and getting back in is a separate question with its own answer.
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Restoration is not automatic, you need to submit a proper application, and approval is not guaranteed.
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If your application is approved, you will regain legal status but cannot work or study until you receive your new permit.
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You can restore your study permit if you were enrolled at a Designated Learning Institution (DLI) and actively pursuing studies before your permit expired.
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If you changed your school or program, you may also need to apply for a new study permit based on new IRCC rules (effective November 8, 2024).
Maintained Status:
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You applied to renew before your existing permit expired, and you remain in Canada
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You may keep working or studying under the conditions of the expired permit until a final decision
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Leaving Canada and returning ends that authorization
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The interim proof of work letter now runs 365 days rather than 180, and its expiry is evidentiary only
Restoration:
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You must apply within ninety days of losing your status
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You may not work or study while the restoration application is pending
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You must remain in Canada and continue to meet the requirements of the status you are restoring
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If the ninety days lapse, you must leave Canada and apply again from abroad
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Since 1 May 2026 out of status workers and students may restore as a visitor, which was not previously possible
90
days from the day your status ended, not the day you noticed
0
days you may work or study while restoration is pending
1
chance, because restoration cannot itself be restored
Fees as They Currently Stand:
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Restore status as a visitor$246.25
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Restore status as a student$396.25, being $246.25 restoration plus $150 study permit
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Restore status as a worker$401.25, being $246.25 restoration plus $155 work permit
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Open work permit holder fee of $100 where applicable
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Biometrics, where they apply to you
What Strengthens a Restoration Application:
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A clear, honest account of how the status lapsed, without minimising it or blaming others without evidence
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Documentary support for the explanation, such as medical records, a courier receipt, or correspondence showing an institution’s delay
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Evidence that you continue to meet the requirements of the status being restored, including funds, enrolment or a job offer
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Evidence of ties and of intention to leave at the end of the authorized period
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A demonstrated understanding of the conditions, so the officer is not left concerned that it will happen again
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If you were on a closed work permit, you may need a new LMIA or employer compliance submission from your employer.
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If you were on an Open Work Permit (e.g., PGWP, Spousal Open Work Permit, BOWP), you may be eligible to restore your open work permit.
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If your study or work permit has expired, you are ineligible to restore your status back to a study or work permit. However, you may be able to restore your status to a visitor record instead.
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Restoring to a visitor record allows you to legally remain in Canada but does not permit work or study.
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If you are unsure whether to extend your visitor status or restore your work/study status, book a consultation with us for personalized advice on your best options.
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Check eligibility
- Ensure you meet the ninety day restoration deadline.
- Confirm you have stopped working or studying, if that applies to you.
The clock started the day your status expired, not the day you noticed. If you are not certain which date IRCC will treat as the expiry, settle that before anything else, because every other date follows from it.
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Gather your documents
- Study permit: proof of enrolment, tuition receipts, transcripts, and an updated Letter of Acceptance if you are changing schools.
- Work permit: employer specific documents, such as an LMIA or compliance submission, if applicable.
- Visitor record: an explanation letter setting out why you need to remain in Canada.
Thin evidence is the most common reason a restoration reads badly. An officer is deciding whether to take you at your word, and documents are how that trust gets earned.
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Complete the application forms
- Choose the correct category: study permit extension with restoration, work permit extension with restoration, or a visitor record.
Filing under the wrong category is not a small error. Restoration cannot itself be restored, so a misfiling that has to be corrected can cost you the window entirely.
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Pay the fees and submit
- Pay the restoration fee together with the new study or work permit fee.
- Submit everything online. Paper applications are not accepted.
Payment failures are quiet and more common than people expect. Confirm you have the receipt before you assume the application is in.
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Wait for a decision
- If approved, you receive a new permit or visitor record.
- If refused, you may need to leave Canada and apply again from outside.
You have to stay in Canada while it is pending, and you cannot work or study again until the new permit is actually issued. Approval alone does not restart that.
Important Considerations
Restoration is not a route into study
A college acceptance will not restore your status
This is the most common piece of bad advice we see on lapsed status. Section 182 restores the status you lost, and IRCC states that you must restore your initial permit and status first before applying for a different permit. Separately, section 215 of the Regulations is a closed list of who may apply for a study permit from inside Canada, and every paragraph that would cover a former worker is written in the present tense. Once the permit is gone, so is the eligibility to apply.
One provision does get overlooked here. Under R215(2)(b) the family member of someone who holds a work permit may apply from inside Canada, and there is no TEER, NOC or occupation test in that paragraph at all.
What is restoration of status in Canada?
It is the process that lets a visitor, worker or student whose permit has already expired apply to have their status put back, without leaving Canada. It is different from maintained status, which applies only when you file an extension before your permit expires.
How can I restore my status in Canada?
You file a restoration application together with the underlying application for the status you want to hold, within ninety days of the day your status expired, and you pay the restoration fee plus the permit fee. IRCC must receive the application inside that window.
Can I work after applying for restoration of status?
No. You may remain in Canada while the application is processed, but you are not authorised to work until your status has actually been restored and the new work permit has been issued. Working in the meantime is a breach of conditions that will surface in later applications.
Can I stay in Canada while waiting for restoration?
Yes. Filing a restoration application inside the ninety day window allows you to remain in Canada while IRCC decides it. What you cannot do is work or study during that period.
What is the processing time for restoration of status in Canada?
It varies by the type of status being restored and IRCC updates the figures regularly, so the only reliable number is the one on the IRCC processing times tool on the day you check. Plan on months rather than weeks, and do not count on a decision arriving before your next deadline.
How do I restore my status as a visitor?
A visitor files a restoration application with a visitor record application inside the ninety day window. The fee is $246.25 to restore visitor status. You must have complied with the conditions of your previous stay.
Can I apply for restoration of status after a refusal?
It depends on what was refused and when your status actually ended. If an extension was refused and more than ninety days have passed since your status expired, restoration is no longer available. If you are still inside the window, restoration is possible provided the underlying eligibility holds.
What is the restoration period under IRCC rules?
Ninety days from the day your status expired. There is no discretion to extend it, and online applications must be received before midnight UTC on the ninetieth day, which for Ontario means the deadline effectively falls during the evening.
Can I continue working or studying while waiting for my restoration application to be processed?
No. Unlike maintained status, restoration does not allow you to continue studying or working until your application is approved. You must stop all activities while waiting for a decision.
What happens if I apply after the 90-day restoration period?
If you exceed the 90-day restoration period, you cannot restore your status from within Canada. Your options include:
- Leaving Canada and applying for a new study or work permit from outside the country.
- Applying for a Temporary Resident Permit (TRP) if you have valid reasons to stay despite losing your status.
Can I apply for restoration if I am out of status due to a rejected extension?
Yes, but you must apply within 90 days of losing status. Include a detailed explanation letter and any missing or corrected documents that caused the refusal.
How long does it take to process a restoration application?
Processing times vary. Restoration applications typically take longer than standard study/work permit extensions.
Can I apply for a different type of permit while restoring my status?
Yes. You can apply for a different work permit type (e.g., LMIA-based permit instead of an Open Work Permit) or change from a study permit to a work permit if you meet eligibility requirements.
Can I apply for PR while my status restoration is in process?
Yes, but having a PR application does not automatically restore your status. You still need to apply for status restoration separately.
Can I travel outside Canada while my restoration is in process?
No. If you leave Canada, your restoration application will be considered abandoned. You will need to apply for a new visa or permit from outside Canada.
What if my restoration is refused?
If your application is denied, you must leave Canada immediately. You may be eligible to reapply from your home country or request a judicial review in Federal Court (if applicable).
Meet our Team
Barrister and Solicitor, Pallavi Law Office