If your work, study, or visitor status in Canada has expired, Canadian immigration rules generally allow a limited period to apply for restoration of status, commonly discussed as a 90-day window, subject to eligibility and current IRCC policy.
Restoration deadline check
Rule: you generally have 90 days after losing temporary resident status to apply for restoration (Immigration and Refugee Protection Regulations, section 182).
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Under Canadian immigration law, losing your temporary resident status, whether as a worker, student, or visitor, is a serious violation. However, Section 182 of the Immigration and Refugee Protection Regulations (IRPR) provides a strict 90-day grace period during which you can apply to restore your status. This 90-day window begins on the exact date your status expires, or the date your extension application is refused. If you submit your restoration application on day 91, it will be automatically rejected by IRCC. Meeting this deadline is the absolute baseline requirement; failure to do so usually requires you to leave Canada immediately to avoid deportation.
A common and costly mistake is confusing 'Maintained Status' (formerly Implied Status) with Restoration. If you apply to extend your permit before it expires, you benefit from maintained status and can continue working or studying under your original conditions while awaiting a decision. Restoration is entirely different. Because your status has already expired, you have no legal authorization in Canada. You must immediately stop working or studying until your restoration application is formally approved. Working without authorization while awaiting restoration is an egregious violation that can lead to a one-year exclusion order.
Restoration is not an automatic right; it is granted at the discretion of an IRCC officer. To be successful, your application must include a detailed, highly persuasive Explanation Letter. This letter must clearly articulate why you lost your status, demonstrating that it was unintentional or the result of circumstances beyond your control (e.g., an administrative error, sudden hospitalization, or an unexpected delay in receiving important documents). Simply stating that you 'forgot' to renew your permit is rarely sufficient. We help clients draft strategic narratives backed by documentary evidence to satisfy the officer's scrutiny.
If IRCC discovers that you continued to work or attend classes after your permit expired, your restoration application will almost certainly be refused. Unauthorized work is one of the most severe administrative violations under the IRPA. Depending on the severity of the violation, CBSA may issue an Exclusion Order, banning you from returning to Canada for one year. We strongly advise clients to inform their employers or educational institutions immediately upon loss of status, ensuring strict compliance while the restoration application is in process.
Restoring your status does not automatically give you a new permit; it simply restores your legality as a temporary resident. In most cases, you must simultaneously apply for the new work or study permit you need. For example, if you lost your status as a worker, you must submit the restoration request alongside a complete work permit application (including a valid LMIA or proof of LMIA exemption). The restoration fee ($229) is paid in addition to the standard permit processing fees.
If more than 90 days have passed since you lost your status, you are no longer eligible for restoration from within Canada. In this scenario, remaining in the country puts you at high risk of CBSA enforcement action. Generally, the only legal recourse is to leave Canada voluntarily to preserve your immigration record, and subsequently apply for a new visa or permit from your home country. Retaining legal counsel at this stage is critical to prevent a bad situation from resulting in a lifetime ban.
General information for Vancouver applicants, not legal advice. Outcomes depend on facts and current IRCC or IRB policy.
No. Absolutely not. The moment your status expires, you lose all legal authorization to work in Canada. You must stop working immediately and cannot resume until IRCC explicitly approves your restoration and issues a new work permit.
Processing times for restoration applications vary wildly based on the type of permit you are also applying for (worker, student, or visitor) and current IRCC backlogs. It is not uncommon for these applications to take several months, during which time you cannot work or study.
If you simply let your permit expire, the 90 days begin on the expiry date printed on the document. If you applied for an extension before the expiry date but IRCC refused it, the 90-day clock begins on the date of the refusal letter issued by IRCC.
If you leave Canada while your restoration application is in processing, IRCC considers the application abandoned. You will have to re-enter Canada, which requires meeting all admissibility requirements at the border, and you will likely need a new valid visa to return.
If your restoration is approved, it generally does not negatively impact future Permanent Residence applications (like Express Entry), as it shows you rectified your status legally. However, a refusal, especially one resulting from unauthorized work, can severely damage future immigration prospects.
If you lose temporary resident status in Canada, IRCC's restore pages say you may apply to restore it within 90 days of losing that status.
Losing your legal status as a worker, student, or visitor in Canada is a critical scenario. While the standard immigration regulations provide a 90-day grace period to apply for a Restoration of Status, missing this window leaves individuals in a highly vulnerable position.
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