Lost Temporary Status
You must have previously held temporary resident status in Canada as a visitor, worker or student.
STATUS & CITIZENSHIP
If your temporary resident status in Canada has expired, you may still have a limited opportunity to request restoration.
Review Your Restoration OptionsRESTORATION
Restoration is a process that may allow certain visitors, workers or students who have lost temporary resident status in Canada to ask IRCC to restore that status.
Under the general rules, restoration is normally available only for a limited period after status has been lost.
Restoration is different from an extension. An extension is generally submitted while your current temporary status is still valid, while restoration applies after status has already been lost.
Approval is discretionary and is never guaranteed.
GENERAL RESTORATION PERIOD
Under Canada's general restoration rules, an eligible temporary resident normally must apply within 90 days after losing status.
The restoration application must be received within the applicable deadline.
If more than 90 days have passed and no special policy applies, the person generally cannot use the normal restoration process and may need to leave Canada.
Certain temporary public policies or special measures can create exceptions, so current IRCC instructions should be checked before concluding that restoration is unavailable.
Do not delay. Restoration deadlines are time-sensitive, and approval is not automatic.
Check My DeadlineELIGIBILITY
Restoration depends on why status was lost, whether the application is timely and whether the person continues to meet the applicable requirements.
You must have previously held temporary resident status in Canada as a visitor, worker or student.
Under the general rules, the restoration request must normally be made within 90 days of losing status.
You must continue to satisfy the applicable requirements for the temporary status or permit being requested.
Restoration is available only in qualifying circumstances. The applicant must continue to meet the initial requirements for their stay and generally must not have failed to comply with other conditions imposed on their temporary status.
A restoration application should clearly explain the circumstances that resulted in the loss of status.
Meeting the basic requirements allows you to request restoration but does not guarantee that IRCC will approve it.
HOW STATUS MAY BE LOST
Restoration may arise from an expired document or certain failures to comply with the conditions of temporary status.
Your authorized stay ended before you submitted an application to extend or change your status.
A worker may have changed employer, work location or occupation before obtaining the required new authorization.
A student may have changed an educational institution or another condition that required prior immigration authorization.
An extension application submitted only after the previous permit expired generally does not create maintained status.
If several accompanying family members lose their status, each person generally needs their own restoration application.
Different facts can lead to loss of status, so the exact immigration history should be reviewed before selecting the application.
VISITORS
A person who remained in Canada beyond their authorized visitor status may be able to apply to restore visitor status if they remain eligible and apply within the applicable deadline.
The application should explain why the applicant remained in Canada after losing status and why they wish to continue staying temporarily in Canada.
The applicant must continue to satisfy Canada's temporary resident requirements.
Under the general rules, restoration may still be possible if fewer than 90 days have passed since visitor status expired.
Visitor Status InformationWORKERS
If your work permit expires before you properly apply to extend or change it, you generally lose worker status.
You must stop working when you lose the authorization provided by your work permit.
If you remain eligible, you may be able to apply within the general restoration period to restore your temporary status and obtain a new work permit.
The new work permit requirements still apply, including any employer-specific, LMIA or LMIA-exempt requirements relevant to the position.
Filing a restoration and work permit application generally does not authorize you to continue working while IRCC processes it.
Work Permit InformationSTUDENTS
A student loses student status if their study permit expires before they submit the appropriate extension application.
Students can also lose status by failing to comply with certain conditions attached to their study permit.
If eligible, the student may apply within the applicable restoration period to restore status and obtain a new study permit.
The student generally cannot continue or restart studies until IRCC restores their student status and issues the new study permit.
A student applying to restore student status generally needs a new PAL or TAL, even when continuing at the same DLI and the same level of study, unless an applicable exemption applies.
A restoration application does not provide the same study authorization as maintained status.
Study Permit ExtensionWHILE WAITING
This is one of the most important differences between filing before and after your status expires.
Can arise when the appropriate extension or change application is submitted before status expires.
Applies after status has already been lost and requires IRCC to approve the restoration request.
Workers generally must stop working once status and work authorization have been lost.
Students who lost status generally must stop studying until restoration and the new study permit are approved.
CHANGING YOUR TEMPORARY STATUS
The correct process depends on the temporary status and authorization you held when status was lost and what you now want to do in Canada.
If you no longer need or qualify for a work or study permit, you may in some circumstances apply to restore your temporary resident status as a visitor.
If you want a different type of permit, additional rules apply. For example, a person whose worker status and work authorization expired cannot simply restore as a student. They may need to restore the status and authorization they lost and apply for the new permit through the applicable process.
Some restoration and new-permit applications can be submitted together, but the requirements for both must be met.
The appropriate restoration application depends on both your previous status and what you intend to do next in Canada.
Review My OptionsMORE THAN 90 DAYS?
Under the normal restoration rules, a person who has been out of status for more than 90 days generally cannot submit a regular restoration application.
Depending on the circumstances, the person may need to leave Canada and apply for the required immigration authorization from outside Canada.
However, temporary public policies and special measures sometimes create exceptions for particular groups or circumstances.
Current IRCC instructions should therefore be checked before deciding that no restoration option exists.
Certain temporary public policies can modify the normal restoration deadline for eligible applicants. These measures change over time.
Check My Current OptionsTEMPORARY SPECIAL MEASURES
Canada sometimes introduces temporary immigration measures for people affected by emergencies or other exceptional circumstances.
For example, current measures for certain temporary residents directly affected by qualifying natural disasters in Canada can provide more time than the normal 90-day restoration period.
These policies have specific eligibility dates and conditions and should not be assumed to apply to every out-of-status person.
Temporary public policies can begin, change or expire. Always verify the current rules for your circumstances.
Review Special MeasuresFAMILY MEMBERS
One family member's restoration application does not automatically restore everyone else.
Every accompanying family member has their own temporary resident status and expiry date.
If multiple family members have lost status, each person generally needs their own restoration request.
One family member may have been a worker while another was a visitor or student, resulting in different restoration requirements.
Each applicant may have separate immigration applications and fees depending on the status requested.
APPLICATION DEADLINE
IRCC's online application system uses Coordinated Universal Time, or UTC, when determining whether certain restoration applications were received within the applicable deadline.
This means midnight in your local Canadian time zone may not be the actual online submission deadline.
Applicants should avoid waiting until the final day of the restoration period.
A missed restoration deadline can have significant immigration consequences.
Calculate My TimelineAPPLICATION PROCESS
Restoration cases are highly dependent on dates, previous immigration conditions and the status being requested.
Review the expiry date and immigration history to determine when temporary status ended.
Determine whether you remain within the applicable restoration period and satisfy the general requirements.
Determine whether you need restoration as a visitor, worker or student and whether another permit is required.
Prepare a clear explanation and documents addressing how status was lost and why restoration is being requested.
Respect the restrictions that apply while the restoration request and any associated permit application are processed.
IMPORTANT INFORMATION
Restoration is a request asking IRCC to restore temporary resident status after it has been lost.
It should not be confused with maintained status, where a timely application allows the previous status to continue while a decision is pending.
The applicant should accurately disclose the circumstances surrounding the loss of status and avoid unauthorized work or study while waiting for restoration.
The underlying eligibility requirements for the requested visitor, work or study status must also continue to be met.
AddPlus Immigration Solutions Inc. can review your expiry date, previous permit conditions, immigration history and current plans to help determine whether restoration may still be available.
Contact UsTIME-SENSITIVE IMMIGRATION STATUS
Tell us what status you held, when it expired, why it was lost and what you want to do next in Canada, and let our team help you understand the restoration options that may apply.
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