If your Canadian study, work or visitor status has already expired, you may still. be able to restore it from inside Canada, but only within strict timelines and conditions.

This guide explains who can apply for restoration, what “maintained status” means, the 90-day. rule, the risks of overstay, and practical steps to protect your future immigration options.

• If your status expired less than 90 days ago, you may be able to apply inside Canada to restore it and get a new permit, but you must stop any unauthorized work or study immediately.
• If you applied to extend before expiry, you likely have “maintained status” and may be allowed to keep working or studying under your old conditions until a decision is made.
• If you miss the restoration window or have serious violations, you may need to leave Canada and re-apply from abroad; get professional advice before taking action.

Restoring your status in Canada after your permit expires

allows some temporary residents who have lost their status to apply for “restoration” from inside Canada, instead of leaving immediately. In most cases, you must apply within 90 days of losing status and.

convince an officer to give you a new visitor, study or work authorization.

In many situations, if you do not apply in time or your application is refused, you will have to leave and apply again from outside.

This article focuses on one question only: what to do if your temporary resident. status in Canada has expired, or will expire soon, and you want to stay legally. It does not cover permanent residence strategies, Express Entry or provincial nomination in detail (see your firm’s Express Entry strategy guide for that topic).

Rules and public policies can change. Always check the latest IRCC instructions, such as their page on restoring status and getting a work permit, before you apply.

Do you have maintained status, or have you already lost status?

The first step is to determine whether you still have temporary status in Canada. Many people panic when they see a permit expiry date approaching, but in some cases they already have “maintained status” and are still legal.

Maintained status when you apply before your permit expires

If you apply to extend your study or work permit before it expires, you can generally stay in Canada while IRCC processes the application. This is called “maintained status” (it used to be called “implied status”).

1. Students: If you submit a complete study permit extension before your current permit expires, you can usually remain in Canada and keep studying under the same conditions until IRCC decides.
2. Workers: If you submit a work permit extension before expiry, you can generally stay and may keep working under the same conditions (for example, same employer and job) while your application is in process.
3. Visitors: If you apply to extend your visitor status before it ends, you can usually remain in Canada as a visitor while IRCC makes a decision.

While on maintained status, you are not “out of status.” You should keep proof that you submitted your application on time. (online confirmation or courier receipt) and keep respecting your current conditions (for example, work hours for students, authorized employer for workers).

When your status is lost

You lose your temporary resident status when:

• your authorized period of stay ends and you did not apply to extend before that date, or
• you violate a condition of your permit (for example, working when you are not authorized or working more hours than allowed as a student).

For example:

• Your study permit expired on May 1. You did not submit any application by that date. On May 2, you are out of status.
• You have a study permit that allows 20 hours per week of off-campus work. You work 40 hours per week for several months during regular classes. Even if your permit is still valid, you may be considered out of status due to non-compliance with conditions.

Once status is lost, you must stop any unauthorized work or study immediately. Continuing to work or study can seriously harm your chances of restoration and future applications.

Who is eligible to apply for restoration of status?

Restoration is not automatic and not available in every situation. In general, IRCC allows restoration if:

• you apply within 90 days of losing your status,
• you still meet the basic requirements for the status you want to restore (visitor, student or worker), and
• you did not fail to comply with other serious conditions (for example, serious misrepresentation or criminality).

There is no guarantee your restoration application will be approved, even if you meet the basic criteria. Officers have discretion and will look at your overall history in Canada.

Restoring visitor status

If it has been less than 90 days since your visitor status expired, IRCC says you may be able to apply to restore it from. inside Canada by submitting an application to extend your stay as a visitor and paying a restoration fee on top of the regular processing fee.

When completing the forms, you must:

1. Select the option indicating you are applying for restoration of status as a visitor; and
2. Explain clearly why you remained in Canada beyond your authorized stay.

Restoring student status

Former students may be able to restore both their temporary resident status and their study permit if:

• they apply within 90 days of losing status, and
• they still meet the conditions to be a student (for example, accepted at a designated learning institution and able to support themselves financially).

If IRCC determines you have not respected your study permit conditions, they can ask you to leave Canada. and may prevent you from applying for a new study permit or other temporary status for six months.

That negative history can also impact future visitor, study or work applications.

Restoring worker status

For most foreign workers, IRCC’s instructions say you can apply to restore your worker status and get a new work permit if:

• you apply within 90 days of losing status;
• you met the conditions on your previous work permit before it expired (for example, working only for the authorized employer); and
• you still meet the requirements for the type of work permit you are requesting (for example, LMIA-based, LMIA-exempt, open work permit for certain categories).

IRCC also has special policies for some workers, such as certain provincial nominee candidates with. open work permit support letters, where the usual 90-day rule or other conditions may be relaxed.

Those policies are time-limited and very specific, so you should always review the latest. IRCC page on restoring worker status or consult a professional before relying on an exemption.

How to apply to restore your status step by step

The exact process depends on whether you are restoring as a visitor, student. or worker, but in most cases you apply online through your IRCC account.

1. Confirm your dates. Check the date your status expired (not just the document expiry). Some documents show both a work permit expiry and a separate “must leave Canada by” date; the latter usually controls your status.
2. Calculate the 90-day restoration window. Count 90 days from the date your status expired. IRCC counts online submissions based on the time they are received in UTC, not local time, so do not wait until the last minute.
3. Create or log in to your IRCC online account. Answer the eligibility questions so the system generates the correct application forms (visitor record, study permit extension, work permit application).
4. Indicate that you are applying for restoration. On the main application form (for example, IMM 5708, 5709 or 5710), select the option that refers to restoration of status as a visitor, student or worker.
5. Write a detailed explanation letter. Explain why you lost status, how long you remained without status, and what steps you took to correct the situation. Be honest; IRCC can check your travel history and work or study records.
6. Upload supporting documents. This may include your passport, previous permits, proof of funds, school acceptance or enrollment letters, job offer and LMIA or LMIA-exempt proof for workers, and any other evidence requested by the online checklist or instructions.
7. Pay the correct fees. You must pay both the regular application fee (for a visitor record, study permit or work permit) and the additional restoration fee.
8. Submit before the 90-day deadline. Keep screenshots or PDF confirmations showing the submission time and payment.

For the latest IRCC forms and fees, see the official guide for extending or changing conditions for students and workers inside Canada.

Key documents and fees at a glance

Status you want to restore	Typical main form	Core IRCC instruction guide	Fees you generally expect
Visitor	Application to Change Conditions or Extend Your Stay as a Visitor (IMM 5708)	Visitor extension / restoration guide	Visitor record fee + restoration fee
Student	Application to Change Conditions, Extend Your Stay or Remain in Canada as a Student (IMM 5709)	Guide 5552 (students inside Canada)	Study permit fee + restoration fee + biometrics (if required)
Worker	Application to Change Conditions, Extend Your Stay or Remain in Canada as a Worker (IMM 5710)	Guide 5553 (workers inside Canada)	Work permit fee + restoration fee + open work permit holder fee (if applicable) + biometrics (if required)

Always confirm the latest fees and forms on the IRCC fees and application forms page, as amounts can change.

What happens after you apply to restore status?

Once your complete restoration application is submitted and paid, IRCC will review it. According to current guidance, you may stay in Canada while IRCC makes a decision. However, in most cases you cannot work or study

IRCC may:

• approve restoration and issue a new visitor record, study permit or work permit;
• request additional documents or explanations; or
• refuse the application, in which case you are expected to leave Canada.

A refusal on a restoration application can make future temporary or permanent residence applications. more difficult, especially if there was a long period of unauthorized stay or unauthorized work.

Common mistakes and high-risk scenarios

Some situations are more likely to cause problems with restoration or future applications.

• Continuing to work or study after losing status. Unauthorized work or study is a serious violation. It can affect restoration and future visas, even if you are later approved for restoration.
• Missing the 90-day deadline. In most cases, if more than 90 days have passed since you lost status and there is no specific public policy that helps you, IRCC’s instructions say you must leave Canada and apply again from outside if you wish to return.
• Hiding information. Failing to mention periods of overstay or unauthorized work can lead to misrepresentation findings, which may result in a five-year ban from applying for immigration to Canada.
• Assuming everyone in the family is covered by one application. Each family member in Canada who has lost status generally must apply separately to restore.
• Leaving Canada while a restoration application is in process. In many cases, leaving Canada will end your restoration process and you may need a new visa or permit to return. This is a strategic decision that should be discussed with a professional.

When should you get professional help?

Restoration can be straightforward when the overstay is short, the reason is clearly. explained (for example, simple oversight), and there is no unauthorized work or study.

However, you should strongly consider professional assistance if:

• it has been close to, or more than, 90 days since you lost status;
• you worked or studied after your status expired;
• you previously had applications refused, or received a removal order or enforcement action from CBSA;
• your situation involves multiple family members with different types of status; or
• you are trying to combine restoration with important timelines, such as a post-graduation work permit, Express Entry profile or provincial nomination.

In complex cases, an experienced representative can help you prepare a detailed explanation,. organize evidence, and design a long-term strategy that includes future applications like permanent residence. For example, your firm might review restoration options as part of a broader study permit and PGWP pathway plan or a temporary resident to permanent resident strategy.

To discuss your specific situation, including whether restoration is realistic or whether you should. leave and re-apply from abroad, you can Book a consultation for a personalized assessment.

This article provides general information and does not constitute legal advice.

Frequently Asked Questions

Can I work or study while my restoration application is in process?

Generally, no. IRCC’s guidance states that people who have lost their status and applied for restoration may stay in Canada while a decision is made, but. they are normally not allowed to work (and students cannot continue studying) until their status has been restored and a new permit is issued.

Can I restore my status if more than 90 days have passed?

In most cases, no. IRCC’s standard rule is that restoration is only available within 90 days of losing status. After that, you would usually need to leave Canada and apply again from outside.

In limited situations, special public policies may temporarily expand restoration options, but those are time-limited and very specific.

Can I restore my status from outside Canada?

No. Restoration is an in-Canada process for people who have lost temporary resident status but are still physically in Canada. If you leave Canada after losing status, you cannot “restore” from abroad.

Instead, you would normally apply for a new visa or permit from outside, following the usual process for that category.

Does applying for restoration guarantee that IRCC will approve it?

No. IRCC clearly states there is no guarantee your restoration application will be accepted. Officers consider whether you met your previous conditions, how long you overstayed, what you did while out of status, and how credible your explanation is.

A well-prepared application may improve your chances but cannot guarantee success.

Is restoration the same as an extension?

No. An extension is filed while you still have valid status and leads to maintained status while IRCC processes the application. Restoration is only available after you lose status and requires an extra restoration fee, a detailed explanation, and careful attention to timelines.

Whenever possible, it is safer to apply for an extension early and avoid the need for restoration altogether.