Restoration of Status in Canada: The 90-Day Rule After Your Permit Expires

Temporary residents lose status in Canada in a few common ways:

• They stay past the end date of their permit or visitor status without applying to extend
• They break a condition of their stay, for example by working without authorization, working for an employer not named on an employer-specific permit, or not actively studying
• Their extension application was refused after their status expired

Canada's immigration regulations give many of these people a second chance. If you apply within 90 days of losing status, and you meet the conditions, Immigration, Refugees and Citizenship Canada (IRCC) can restore your status as a visitor, student, or worker.

Restoration is different from maintained status. Maintained status protects you when you apply before your status expires. Restoration is for people who are already out of status.

You may apply for restoration if:

• You lost your status 90 days ago or less
• You have stayed in Canada since you lost status
• You still meet the requirements for the status you want (for example, you have a letter of acceptance for a study permit, or a valid job offer and Labour Market Impact Assessment (LMIA) for a work permit)
• You have met all the conditions of your stay except the one that caused you to lose status

You cannot apply for restoration if you have left Canada, if more than 90 days have passed, or if you lost status for a reason that also makes you inadmissible, for example certain criminal convictions.

The 90 days are counted from the day you lost status. If your status ended because an extension was refused after your permit expired, count from the date of the refusal. Don't guess: find the exact date and count carefully.

Fees as of September 2026, from the IRCC fee list:

If you are applying for an open work permit, the open work permit holder fee of $100 may also apply. The restoration fee is paid even if the application is refused, so make sure you qualify before you apply.

A restoration application is a normal extension application with extra explanation. Officers want to understand what went wrong and be confident it won't happen again. Include:

• A clear letter of explanation. State the date you lost status, the reason (for example, you missed the deadline because of illness, or your employer's LMIA was delayed), and what you did afterward. Be honest and brief.
• Proof for your explanation. Medical notes, emails, or other documents that support the reason.
• Proof you followed the other conditions. For students: transcripts and enrollment letters. For workers: pay stubs and an employer letter showing you worked only as allowed.
• Everything needed for the new status. A letter of acceptance and PAL/TAL if needed for a study permit; a job offer and LMIA or offer number for a work permit; proof of funds and a return plan for a visitor record.
• A copy of your passport and your expired permit or visitor record.

Don't hide unauthorized work or other problems. Misrepresentation can lead to a 5-year ban, which is far worse than the original mistake.

While your restoration application is in process:

• You may stay in Canada
• You cannot work, even if you worked for the same employer before
• You cannot study, even if you are enrolled
• You are not on maintained status, so the protections that apply to on-time applicants don't apply to you

This is the biggest practical cost of losing status. Workers should tell their employer immediately. Students should talk to their school's international office about what the gap means for their program.

A graduate whose study permit has expired can still apply for a post-graduation work permit within 180 days of finishing, together with restoration, but cannot work until the PGWP is approved.

If your restoration application is refused, or if the 90 days have passed, you are in Canada without status. You should plan to leave Canada.

Staying without status has serious consequences:

• The Canada Border Services Agency (CBSA) can issue a removal order.
• Some removal orders mean you need special permission, called an Authorization to Return to Canada, before you can come back.
• Overstaying stays on your record and can lead to refusals of future visas and permits, in Canada and sometimes other countries.

In rare situations, other options may exist, such as a temporary resident permit or an application on humanitarian and compassionate grounds. These are complex and discretionary. If you are past the 90 days, or you have a removal order, talk to a lawyer or a licensed consultant (RCIC) before you do anything else.

• Put your permit expiry date in your calendar with reminders 90 and 60 days before.
• Apply to extend your status at least 30 days before it expires.
• Renew your passport early. A permit can't outlast your passport, and a short passport often causes short permits.
• Read the conditions printed on your permit. Employer-specific permits name your employer, job, and sometimes location.
• If you plan to change jobs, wait until your new permit is approved before you start.
• If your PR application is in process, check whether you qualify for a bridging open work permit before your current permit ends.