Restoration of Status in Canada: the 90-day rules
If your work permit, study permit or visitor stay has expired and you did not apply to extend it in time, you may be able to apply to restore your status, but only within 90 days of losing it. This guide covers who can apply, what starts the 90 days, the fee, what you may not do while you wait, what happens if IRCC refuses and what IRCC publishes about processing. Every rule and figure was checked on canada.ca on 5 October 2026.
Key takeaways
You can apply to restore your status in Canada within 90 days of losing it, from inside Canada, if you met the requirements and conditions of your stay (canada.ca, checked 5 October 2026). The restoration fee is $246.25, and you cannot work or study until IRCC restores your status and issues any new permit. Leaving Canada during processing means the application is refused with no refund.
- Deadline: 90 days from the day your status ended, and an online application must be in before midnight UTC on the last day.
- Cost: $246.25 to restore, which becomes $401.25 for a worker, $396.25 for a student and $246.25 for a visitor once the permit fee is added.
- While you wait: you may stay in Canada, but you may not work or study until your status is restored and the new permit is issued.
- Leaving: do not leave Canada while IRCC decides, because an officer must refuse the application and the fees are not refunded.
- If refused: IRCC says you have to leave Canada, so a refusal ends the in-Canada route.
- Processing time: none is published for restoration, only a five-month service standard for a final decision on a complete application.
What are the current restoration of status rules and fees?
As of 5 October 2026, IRCC allows restoration for visitors, workers and students who apply within 90 days of losing status, charges a $246.25 restoration fee on top of any permit fee, and does not allow work or study until the application is approved.
The table lists each rule with the page it comes from and the day we read it.
| Item | Current rule or figure | Source and date checked |
|---|---|---|
| Who can apply | A visitor, worker or student who applies within 90 days of losing status, met the requirements of the stay and the conditions on the expired permit, and is not a temporary resident permit holder | canada.ca, restore your status, 5 October 2026 |
| Deadline | 90 days after status ended; online applications must be submitted before midnight UTC on the last day | canada.ca, restore your status, 5 October 2026 |
| Where to apply | From inside Canada; you must remain in Canada until a decision, and restoration cannot be applied for or granted at a port of entry | IRCC program delivery instructions, 5 October 2026 |
| Restoration fee | $246.25 per person, with no group or family rate | IRCC fee list dated 21 September 2026, read 5 October 2026 |
| Worker total | $401.25 ($246.25 plus the $155 work permit fee), and $100 more for an open work permit | IRCC fee list dated 21 September 2026, read 5 October 2026 |
| Student total | $396.25 ($246.25 plus the $150 study permit fee) | IRCC fee list dated 21 September 2026, read 5 October 2026 |
| Visitor total | $246.25, with no visa fee | IRCC fee list dated 21 September 2026, read 5 October 2026 |
| Biometrics | $85 per person, or $170 for a family of two or more, if IRCC needs yours | IRCC fee list dated 21 September 2026, read 5 October 2026 |
| Working or studying while you wait | Not allowed until status is restored and any new permit is issued | IRCC program delivery instructions, 5 October 2026 |
| Leaving Canada during processing | The application must be refused and the fees are not refunded | IRCC program delivery instructions, 5 October 2026 |
| Processing time | No restoration line in IRCC's processing-times tool; service standard of a final decision within five months of a complete application | IRCC processing-times tool and program delivery instructions, 5 October 2026 |
Who can apply to restore their status in Canada?
A visitor, worker or student can apply if they apply within 90 days of losing status, are in Canada without status when they apply, met the requirements of their stay and the conditions on their expired permit, and do not hold a temporary resident permit (canada.ca and IRCC program delivery instructions, checked 5 October 2026).
- In Canada: you must be in Canada without status when you submit, and you must remain in Canada until IRCC makes a decision.
- Within 90 days: the application and the fee must reach IRCC within 90 days of the day you lost status.
- Requirements of your stay: IRCC gives working illegally as an example of failing them. A person who worked or studied without authorization is not eligible.
- Conditions on the expired permit: you must have respected them before the permit expired. IRCC lets people restore after breaching only the stay period or the type, employer or location of work, or the type, school, location or timing of study.
- No temporary resident permit: someone whose temporary resident permit (TRP) expired cannot restore and must apply for a new TRP. A TRP application does not give maintained status either.
- Students: an officer must not restore the status of a student who is not complying with the study permit conditions in section 220.1 of the regulations.
The rule is section 182 of the Immigration and Refugee Protection Regulations: an officer must restore status on an application within 90 days if the person meets the initial requirements for their stay, has not failed to comply with other conditions and is not the subject of a declaration under subsection 22.1(1) of the Act (Justice Laws website, regulations current to 21 September 2026, checked 5 October 2026).
Restoration is not the same as maintained status
How long do you have, and what starts the 90 days?
You have 90 days from the day your temporary resident status ended, which is the expiry date on your permit, or the "Must leave Canada by" date if your permit shows one, and an online application must be submitted before midnight UTC on the 90th day (canada.ca, checked 5 October 2026).
| What happened | When the 90 days start | Source |
|---|---|---|
| Your work or study permit expired and you did not apply to extend | The expiry date on the permit, or the Must leave Canada by date if the permit shows one | canada.ca, restore your status, 5 October 2026 |
| Your visitor stay ran out | The expiry date of your stay, which is the stamp in your passport, or six months from the day you entered Canada if you have no stamp | IRCC help centre (28 September 2026) and visitor record page (9 January 2026), 5 October 2026 |
| You applied to extend in time and IRCC refused it | The day of the refusal, because maintained status ends when the extension is refused | IRCC program delivery instructions, 5 October 2026 |
| IRCC rejected your extension as incomplete | The end of your original authorized stay, because a rejected application gives no maintained status | IRCC program delivery instructions, 5 October 2026 |
| You applied to extend after your status had ended | From the day your status ended; IRCC says an extension received after that point should be refused | IRCC program delivery instructions, 5 October 2026 |
The online system uses coordinated universal time (UTC), so an application filed in the evening in Alberta can already fall on the next day in UTC. IRCC tells applicants to know the difference between local time and UTC. Our permit expiry planner turns your expiry date into the dated deadline, and you should not leave it to the last day.
Do not file a plain extension after the permit has expired
How much does restoration of status cost?
Restoration costs $246.25 per person, and the permit fee is added on top: $401.25 in total for a worker, $396.25 for a student and $246.25 for a visitor, with no group or family rate (IRCC fee list dated 21 September 2026, checked 5 October 2026).
| Restoring your status as | What you pay | Total |
|---|---|---|
| A worker | $246.25 restoration fee plus the $155 work permit fee | $401.25 |
| A worker applying for an open work permit | The $401.25 above plus the $100 open work permit holder fee | $501.25 |
| A student | $246.25 restoration fee plus the $150 study permit fee | $396.25 |
| A visitor | $246.25 restoration fee; no visitor visa fee is needed | $246.25 |
Each family member who also lost status applies separately and pays their own restoration fee. A student who also wants a work permit pays the work permit fee as well, and IRCC processes the work permit after the restoration and study permit have been decided.
How do you apply for restoration with a work permit, study permit or visitor record?
You apply online, tick the restore option on the same application you would use to extend, explain in writing why you stayed longer than allowed and pay the restoration fee together with the permit fee, and the form depends on whether you are restoring as a worker, student or visitor (canada.ca, checked 5 October 2026).
| Restoring as | What you file | Extra requirements | Source |
|---|---|---|---|
| A worker | Form IMM 5710, with Restore my status as a worker selected under question 3 at the top of the form, and a separate page explaining why you stayed in Canada longer than allowed | Pay the restoration and work permit fees (and the open work permit holder fee if it applies). Your employer must have completed all the required steps first. | canada.ca, restore your status and get a work permit, 5 October 2026 |
| A student | The study permit extension application in your IRCC account, with Restore my status selected under section 3 at the top of the form and a note explaining why you need to extend your stay | Pay the restoration fee with the study permit fee. You need a new provincial or territorial attestation letter, even at the same school and level of study. | canada.ca, what to do if your permit expired, and attestation letter page, 5 October 2026 |
| A visitor | Form IMM 5708, with Restore my status as a visitor selected under section 3 at the top of the form, and the reason you stayed longer than allowed given in section 2 of the background information | Pay the restoration fee. IRCC says this is possible in some cases, if it has been less than 90 days. | IRCC help centre, page dated 28 September 2026, 5 October 2026 |
- 01
Count the days
Find the exact day your status ended and the last day IRCC will accept the application, remembering that the online system runs on UTC.
- 02
Stop work and study
From the day status ended you may not work or study, and doing either can make you ineligible to restore.
- 03
Choose the right application
Pick worker, student or visitor restoration, and select the Restore my status option under section 3 at the top of the form.
- 04
Explain what happened
Write a clear, truthful page on why your status lapsed and attach it where IRCC's checklist asks for it.
- 05
Pay the fees and submit
Pay the restoration fee and any permit and biometrics fees, submit through your IRCC secure account and keep the confirmation that shows the date.
- 06
Stay in Canada
Remain in Canada until IRCC decides, because leaving means the application must be refused.
If you want a different permit than the one that expired, IRCC says you must restore your initial permit and status first. A student whose study permit expired can restore and apply for a post-graduation work permit within 90 days of the permit expiring, paying the $255 PGWP fee and the student restoration fee online, and cannot work until the PGWP is approved (canada.ca, checked 5 October 2026). Our PGWP guide, work permit extension guide, study permit extension guide and visitor record guide cover the main applications.
What can you do while IRCC decides on a restoration application?
You may stay in Canada while IRCC decides, but you may not work or study until your status is restored and any new work or study permit has been issued, even if you held an open or employer-specific permit before (IRCC program delivery instructions and canada.ca, checked 5 October 2026).
| Question | Answer | Source |
|---|---|---|
| Can you stay in Canada? | Yes. IRCC says you may stay in Canada while it makes a decision on the restoration application. | canada.ca, restore your status, 5 October 2026 |
| Can you work? | No. Workers must stop working when status is lost and may not resume until status is restored and the new work permit is issued. | canada.ca and IRCC program delivery instructions, 5 October 2026 |
| Can you study? | No. You cannot study until IRCC has restored your status as a student and you have received the new study permit. | canada.ca, what to do if your permit expired, 5 October 2026 |
| Do you have maintained status? | No. Maintained status comes from applying to extend before the permit expires, so a restoration applicant is out of status until IRCC decides. | canada.ca, 5 October 2026 |
| Can you leave and come back? | No. If an officer finds you have left Canada, the application must be refused and the fees are not refunded. | IRCC program delivery instructions, 5 October 2026 |
Do not work or attend classes to catch up in the meantime, because IRCC says a person who works or studies without authorization is ineligible to restore their status.
Can you leave Canada and come back?
Not while a restoration application is pending: if an officer determines you have left Canada during processing, the officer must refuse the application as you are no longer eligible, and the processing fees are not refunded (IRCC program delivery instructions, checked 5 October 2026).
- No restoration at the border: IRCC says restoration cannot be applied for or granted at a port of entry.
- Past 90 days: a worker who lost status more than 90 days ago and has not applied must leave Canada and reapply from outside Canada to work in Canada again.
- Visitors and students: IRCC's pages for these groups do not describe re-entry after leaving, so we do not state a rule for it here. Check your travel document needs and speak to a licensed adviser before you book a flight.
What happens if IRCC refuses restoration of status?
IRCC says that if your application to restore your status is refused you will have to leave Canada, and it gives no guarantee that it will approve the restoration or the new permit (canada.ca, restore your status, checked 5 October 2026).
This guide states IRCC's rules only. Wild Mountain Immigration does not handle appeals, court challenges or inadmissibility matters, so it is not a plan for overturning a refusal, and the best protection is a complete, truthful application filed well inside the 90 days.
How long does restoration of status take?
IRCC publishes no processing time for restoration of status: its processing-times tool has no restoration option, and its program instructions set a service standard of a final decision within five months of receiving a complete application (canada.ca, checked 5 October 2026).
A service standard is a target, not a forecast, and we do not give you a number of days. The tool lists visitor extensions (visitor record), study permit extensions in Canada and work permit extensions in Canada, but nothing for restoration. See the processing times page for the figures IRCC does publish, and the IRCC toolitself for today's numbers.
What if more than 90 days have passed?
If you lost status more than 90 days ago and have not applied to restore it, IRCC says you must leave Canada and reapply from outside Canada if you want to work in Canada again (canada.ca, checked 5 October 2026).
There is one narrow exception for foreign workers applying for an open work permit who hold an open work permit support letter from a participating province or territory, confirming they have been placed in the province or territory's Expression of Interest pool or Provincial Nominee Program application inventory. They do not have to apply within 90 days or meet some of the usual conditions. It does not apply to most people, so check the IRCC restoration page before relying on it. Our bridging open work permit guide covers the usual in-Canada route for people with a permanent residence application in process.
When is it worth talking to a licensed RCIC about restoration?
Talk to a licensed RCIC as soon as you know your status has ended, because every day counts against the 90 days and the application has to be right the first time; the call is where we tell you if restoration is open to you.
- You are close to day 90: a late or incomplete application cannot be fixed afterwards.
- You are not sure which date started the clock: a refusal, an incomplete-application rejection and a "Must leave Canada by" date each change the count.
- You may have worked or studied while out of status: that can make you ineligible, and you need to know before you apply and pay the fee.
- You have a PR application or an employer waiting: the timing of a bridging open work permit or a new work permit depends on restoring first.
- Your family also lost status: each person files and pays separately.
Working under a licensed RCIC (CICC #R706497), our team advises clients entirely online, by video call and secure document sharing, and never guarantees an immigration outcome. This guide gives IRCC's general rules as of 5 October 2026 and is not advice on your own file. Prefer to file yourself? Our lower-cost File Review has an RCIC check your application before you submit.
Not sure of your dates?
Frequently asked questions
What is restoration of status in Canada?
Restoration of status is an application that asks IRCC to give back your temporary resident status as a visitor, student or worker after it has expired, and it must be made within 90 days of losing that status (IRPR section 182 and IRCC, checked 5 October 2026). It is not automatic and IRCC does not guarantee approval.
How long do I have to apply for restoration of status?
You have 90 days from the day you lost your status, and an online application must be submitted before midnight UTC on the last day (canada.ca, checked 5 October 2026). After 90 days a worker must leave Canada and reapply from outside Canada, apart from one narrow provincial exception.
How much does restoration of status cost?
The restoration fee is $246.25 per person, so restoring as a worker costs $401.25 with the $155 work permit fee, as a student $396.25 with the $150 study permit fee, and as a visitor $246.25 with no visa fee (IRCC fee list dated 21 September 2026, checked 5 October 2026). An open work permit adds $100, and biometrics are $85 each if IRCC needs them.
Can I work while my restoration of status is being processed?
No: IRCC says you may not continue to work until your status is restored and, where it applies, your new work permit has been issued (IRCC program delivery instructions and canada.ca, checked 5 October 2026). You may stay in Canada while IRCC decides.
Can I study while my restoration of status is being processed?
No: a student who lost status cannot study until IRCC has restored the status and issued the new study permit, although you may stay in Canada while it decides (canada.ca, checked 5 October 2026). You also need a new attestation letter to restore student status, even at the same school and level.
Can I leave Canada while IRCC processes my restoration application?
No: if an officer finds you have left Canada during processing, the officer must refuse the application and the fees are not refunded, and restoration cannot be applied for or granted at a port of entry (IRCC program delivery instructions, checked 5 October 2026). Stay in Canada until you have a decision.
What happens if my restoration of status is refused?
IRCC says that if your application to restore your status as a worker is refused, you have to leave Canada, and there is no guarantee of approval (canada.ca, checked 5 October 2026).
Who is not eligible to restore their status?
You are not eligible if your status was a temporary resident permit, if you worked or studied without authorization, or if you broke permit conditions other than the stay period and the type, employer or location of work or study (IRCC program delivery instructions, checked 5 October 2026). You also cannot restore once the 90 days have passed, apart from a narrow provincial exception for some open work permit applicants.
What starts the 90 days for restoration of status?
The 90 days start when your status ends: the expiry date on your permit, or the Must leave Canada by date if your permit shows one, or the day IRCC refuses an extension you filed in time (canada.ca and IRCC program delivery instructions, checked 5 October 2026). If IRCC rejects your extension as incomplete, you never had maintained status and the 90 days run from the end of your original authorized stay.
What if I applied to extend my permit after it expired?
IRCC's instructions say an extension received after your status has ended should be refused, so you need to apply to restore your status instead, within the 90 days (IRCC program delivery instructions, checked 5 October 2026). You file it as a restoration, with the restoration fee, rather than as a plain extension.
Is restoration of status the same as maintained status?
No: maintained status lets you stay legally because you applied to extend before your permit expired, while restoration is for people whose status has already ended (canada.ca, checked 5 October 2026). Under maintained status you keep your permit conditions, but under restoration you cannot work or study until IRCC decides.
Can I restore my status as a visitor?
In some cases, yes: if it has been less than 90 days since your visitor status expired, you can apply on form IMM 5708 by choosing Restore my status as a visitor, giving the reason you stayed longer than allowed and paying the $246.25 fee (IRCC help centre, page dated 28 September 2026). There is no guarantee of approval.
How long does restoration of status take?
IRCC publishes no processing time for restoration of status: its processing-times tool has no restoration option, and its program instructions set a service standard of a final decision within five months of a complete application (canada.ca, checked 5 October 2026). A service standard is a target, not a forecast.
Do my spouse and children need to restore their status too?
If they also lost their status, each family member applies separately and pays their own restoration fee, with no group or family rate (canada.ca, checked 5 October 2026). A family member who was a visitor, student or worker follows the instructions for that status.
Can I restore my status if I want a different permit, such as a post-graduation work permit?
Yes, in some cases: if your permit and status have expired you must restore your initial status first, and a student whose study permit expired can apply for a post-graduation work permit within 90 days and pay the student restoration fee at the same time (canada.ca, checked 5 October 2026). You cannot work until the work permit is approved.
Does a bridging open work permit change the restoration rules?
A bridging open work permit applicant with an expired work permit must have maintained status or be eligible to restore, so the 90-day limit still decides whether a person can apply in Canada (canada.ca, bridging open work permit page, checked 5 October 2026). Do not let a permit expire while you wait for a permanent residence invitation.
Sources and when we checked them
Every rule on this page comes from the Government of Canada pages below, read on 5 October 2026. We are not part of IRCC or the Government of Canada, and IRCC can change these rules, so we update this guide when the sources change.
| What we used it for | Source | Page dated | Checked |
|---|---|---|---|
| Who can apply, the 90 days, the UTC rule, workers, family members, the provincial exception, refusal and forms | canada.ca: Restore your status and get a work permit | 28 August 2026 | 5 October 2026 |
| Students: losing status, how to restore, no study until restored, family members | canada.ca: What to do if your permit expired | 9 August 2024 | 5 October 2026 |
| Eligibility, what starts the 90 days, no work or study, leaving Canada, no restoration at a port of entry, five-month service standard | IRCC program delivery instructions: Restoration of temporary resident status | 1 May 2026 | 5 October 2026 |
| Restoring as a visitor: form IMM 5708 and the fee | IRCC help centre: How do I restore my status as a visitor? | 28 September 2026 | 5 October 2026 |
| When a visitor stay expires (stamp in the passport, or six months from entry) | canada.ca: Visitor record, who can apply | 9 January 2026 | 5 October 2026 |
| Maintained status for visitors and temporary resident permit applicants | canada.ca: Visitor record, after you apply | 27 January 2026 | 5 October 2026 |
| Restoration, work permit, study permit, open work permit and biometrics fees | IRCC fee list | 21 September 2026 | 5 October 2026 |
| Section 182 of the regulations | Justice Laws: Immigration and Refugee Protection Regulations, section 182 | Current to 21 September 2026 | 5 October 2026 |
| No restoration option in the processing-times tool | canada.ca: Check processing times | Live tool | 5 October 2026 |
| New attestation letter needed to restore student status | canada.ca: Provincial attestation letter or territorial attestation letter | 2 September 2026 | 5 October 2026 |
| Restoring while applying for a PGWP | canada.ca: PGWP, how to apply | 28 August 2026 | 5 October 2026 |
| Bridging open work permit and restoration | canada.ca: Bridging open work permit | 23 June 2026 | 5 October 2026 |
Related guides
The rules around expiring and expired permits.
Permit expiry planner
Your apply-by date and your 90-day restoration deadline.
Learn moreMaintained status
Staying legal while IRCC decides on an extension.
Learn moreWork permit extension
How to extend a work permit before it expires.
Learn moreStudy permit extension
Extend a study permit, or restore it after it expires.
Learn moreVisitor record
Extend your stay as a visitor.
Learn moreBridging open work permit
Keep working while a PR application is processed.
Learn moreLost your status? Do not wait for day 90
Request a call with a licensed RCIC. If we can help, the call is free, and we will tell you quickly whether restoration is open to you and what to file.
