When a visitor, worker, or student loses their legal status in Canada, applying for restoration of status is extremely important. If someone becomes “out of status” and does not apply for restoration within the required time, they must leave Canada and reapply from abroad.
With today’s lengthy processing times , often many months, and in some countries close to a year or more , failing to restore status can significantly delay a person’s return to Canada to work or study.
Who Is Eligible for Restoration?
A person may apply for restoration of status if they:
Apply within 90 days of losing their temporary resident status
Met all the conditions of their stay before status was lost (for example, no unauthorized work or study)
Followed the conditions listed on their expired permit
Are not a Temporary Resident Permit (TRP) holder
If they do not apply within the 90-day window, IRCC will refuse the restoration request. After that, the person must:
Leave Canada, and
Submit a new application from outside Canada to return — which can mean a very long wait depending on the processing times for their country.
When Does the 90-Day Period Actually Start?
Many people mistakenly think the 90 days start when their work permit, study permit, or visitor record expires.
In reality, the 90 days start when temporary resident status expires — including when someone was on implied status.
The 90-day period does not reset when IRCC sends a refusal. Even if IRCC takes 2–4 months to issue a decision, the clock still starts from the date status expired.
Examples: When the 90 Days Begin
Status expired and no extension was submitted:
The 90 days start the day after status expires.
Extension application filed before expiry but later refused:
The 90 days start the day after IRCC issues the refusal.
Application filed after status expired but without restoration fees or request:
IRCC will refuse it, and the 90 days start the day after status expired.
Can You Work While Waiting for Restoration?
This is incorrect.
Work during the restoration period is unauthorized. If CBSA or IRCC discovers unauthorized work, the person may face an inadmissibility report and refusal of future permits.
Can You Stay in Canada While IRCC Decides?
Yes. Once a restoration application is submitted, the individual can remain in Canada while waiting for the decision — but cannot work or study until a new permit is issued.
Why Restoration Is So Important
Failing to restore status is not a small issue. It often means:
Leaving Canada
Reapplying from abroad
Facing long processing times that can take several months to over a year, depending on the country
Losing job opportunities, study plans, or continuity of life in Canada
For many people, applying for restoration promptly is the difference between staying in Canada and being forced into a long, uncertain wait outside the country.