Restoration of Status
An IRCC mechanism allowing a foreign national who lost temporary status (overstayed, expired permit without timely extension) to apply to restore that status within 90 days. After 90 days, the foreign national must leave Canada.
What is restoration of status?
Restoration of Status is an IRCC mechanism under section 182 of the Immigration and Refugee Protection Regulations (IRPR) that allows a foreign national who has lost their temporary status (work permit, study permit, or visitor status) to apply to restore that status within 90 days of expiry.
If you let your permit expire without applying for an extension before the expiry date (i.e., without securing implied status), you fall out of status. Restoration is the formal pathway back to legal status — but the 90-day window is strict.
How restoration works
- Permit expires without timely extension application.
- 90-day window opens: foreign national must apply for restoration within 90 days of permit expiry.
- Application submitted to IRCC with explanation, fee, and supporting documents.
- Decision: IRCC reviews the reason for falling out of status and decides whether to restore.
- If approved: status restored, normal extension/permit issued.
- If refused: foreign national must leave Canada.
What restoration requires
- Application within 90 days of status expiry.
- Restoration fee: CAD $239.75 per applicant.
- Plus the underlying permit fee (e.g., $155 for work permit, $150 for study permit, $100 for visitor record).
- Explanation of why status lapsed: officer wants to see this wasn't deliberate non-compliance.
- Continued eligibility under the underlying permit category: the underlying eligibility must still be met (e.g., for work permit restoration, you still need a job offer / LMIA / IMP exemption category).
During restoration
During the restoration process, the applicant cannot work or study until the restoration is approved. This differs from implied status (which preserves work/study rights).
Common gotchas
- 90-day cap is strict: after day 91, you're not eligible for restoration. You must leave Canada and re-apply from abroad (often facing TRV / new permit applications).
- Restoration is discretionary: a careless explanation (e.g., "I forgot") may result in refusal. Strong explanations show the lapse was a brief administrative oversight, not a pattern of non-compliance.
- Cannot work during restoration: even if your underlying work permit was open, you cannot work until the restoration is approved. This often creates significant workflow disruption.
- Affects future applications: a restored status doesn't trigger inadmissibility, but pattern-of-non-compliance findings can affect future applications.
Restoration vs. implied status
| Aspect | Implied Status | Restoration |
|---|---|---|
| When applied | Before permit expiry | Within 90 days after expiry |
| Work/study rights | Yes (under same conditions) | No (until approved) |
| Likelihood of success | High (procedural) | Lower (discretionary review) |
| Cost | Underlying permit fee only | Underlying fee + $239.75 restoration |
See also
- Implied Status — the much-preferred pathway.
- Status Extension service.
Not sure how Restoration applies to your file?
Halani Immigration Services Inc. — Regulated Canadian Immigration Consultant (RCIC-IRB R711322). Free eligibility assessment, no obligation.
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