How to Restore Your Status After Your Visa Expires in Canada

As a Canadian immigration lawyer, I know how stressful it feels when your temporary resident status expires. The good news is that many temporary residents can apply to restore status without leaving Canada, provided they act quickly and meet the initial requirements for a study permit, work permit, or visitor status.

Restoration of Immigration Status: What You Can Do

If your temporary resident status expires, you must stop any unauthorized work or study immediately. You can usually apply for restoration of status in Canada within 90 days of losing status. If approved, IRCC (often called Citizenship Canada) issues a new permit or visitor record, allowing you to remain in Canada legally again.

What Is Status Restoration?

Status restoration is a formal process that allows temporary residents who lost legal status to regain it, if they apply within 90 days and still meet the eligibility requirements for the category they want restored. It is not automatic and it is not the same as “maintained status.” You cannot keep working or studying while a restoration application is pending unless you receive a new authorization.

How Do I Know If My Visa Expired?

Check the expiry date on your study or work permit, visitor record, or the entry stamp in your passport. The stamp may include a handwritten date or conditions. If there is no stamp, most visitors are admitted for six months from the date they entered Canada, unless a different condition imposed is noted. When the permit has expired, your authorized stay ends.

Who Can Apply to Restore the Immigration Status in Canada?

You may apply for restoration if:

• You were in Canada as a visitor, student, or worker.

• Your status expired less than 90 days ago.

• You continue to meet the initial requirements for the class, such as being enrolled at a designated learning institution for a study permit, or having a qualifying job situation for a work permit.

• You include all the necessary documents and fees.

Eligibility Criteria for Restoration of Status in Canada

You must show that you:

• Held valid status before it expired.

• Lost status only by failing to comply with specific conditions, for example, letting a permit expire or working beyond authorized dates.

• Still qualify for the new study permit, new work permit, or visitor status requested.

• Have not failed to comply with other serious conditions, such as criminal inadmissibility, that would make you ineligible.

Restoration of Status After 90 Days

If more than 90 days of losing your status have passed, standard restoration of status from inside Canada is no longer available. Options are narrower:

• Apply for a Temporary Resident Permit (TRP) if justified by compelling reasons.

• Leave Canada and apply from abroad for a visitor visa, study permit, or work permit, if eligible.

• In some cases, consider permanent options such as permanent residence if you qualify, but that does not cure the immediate status issue.

How to Restore Status in Canada: Step by Step

Short answer: File online with IRCC within 90 days, select the proper application form for your category, pay the restoration fee, attach complete supporting documents, and stop any unauthorized work or study while waiting.

Detailed steps:

1. Confirm loss of status: Verify your expiry date and the date you became out of status. Calculate the 90-day window.

2. Choose the right category:

   • Visitor status via a visitor record.

   • Study permit if you remain eligible and are attending a designated learning institution.

   • Work permit if you qualify based on the job offer or program.

3. Prepare supporting documents: Passport, permits, proof of funds, school letter, job offer, evidence of compliance with conditions, and an explanation letter.

4. Apply online: Use the IRCC portal for the correct category and indicate “restore status.”

5. Pay the fees: Include the restoration fee and the permit fee for a study or work permit or visitor record.

6. Stop unauthorized activity: Do not work or study until the new permit is issued.

7. Monitor processing: Processing times vary. Respond to any immigration officer request for more information.

8. Keep proof: Save submission confirmations and receipts.

Required Documents and Fees

Required documents depend on your category, but commonly include:

• Valid passport, including photo page and entry stamps.

• Expired permit or visitor record, if available.

• Proof you still meet initial requirements:

  • Study permit: Letter of enrollment or proof of completion from a designated learning institution.

  • Work permit: Job offer, LMIA or LMIA-exempt proof, employer compliance number if required.

  • Visitor status: Purpose of stay and proof of funds.

• Evidence explaining why status expired and how you will comply going forward.

Leaving and Re-Entering Canada

A restoration application is for people who remain in Canada. If you leave Canada while it is in process, the application can be treated as abandoned, and you may not be allowed to enter Canada again without a proper visitor visa or eTA and officer approval.

Entering Canada After Restoration

Approval of restoration does not guarantee re-entry. To enter Canada after travel, you still need the correct temporary resident document to cross the border, which for certain countries is a visitor visa. For visa-exempt nationals, an eTA may be required for air travel. Border officers decide admissibility at the time of entry.

Can I Work or Study While My Restoration Application Is Pending?

Direct answer: No. You must stop all unauthorized work or study once status has expired. You can resume only after IRCC issues a new work permit or new study permit. Continuing to work or study can harm your case and future applications.

What If My Restoration Application Is Refused?

You generally must leave Canada immediately. You may request reconsideration in limited cases. If there was an error of law or a procedural unfairness, you may seek judicial review at the Federal Court, subject to strict deadlines. Get legal advice quickly.

Common Reasons Restoration Gets Refused

• Filing after the 90 days.

• Not meeting initial requirements for the category requested.

• Missing supporting documents or fees.

• Continued unauthorized work or study during processing.

• Previous serious non-compliance or inadmissibility concerns.

Visitor Status vs. Visitor Visa

A visitor visa is a travel document for entry. A visitor record confirms authorized stay in Canada and may extend your temporary status. If your visitor status expired in Canada, you ask to restore to a visitor record, not a “visa.”

Spouses and Common-Law Partners

A spouse or common law partner should maintain their own temporary resident status. If both partners are out of status, each must apply for restoration separately, unless a dependent’s status flows from the principal applicant in a specific category. Ensure each person’s supporting documents are complete.

Foreign Workers: Extra Things To Watch

• Verify whether your job is LMIA-required or LMIA-exempt.

• If you held an open work permit, include the open work permit holder fee where applicable.

• Stop working once your work permit expires. Unauthorized work can be fatal to your case.

Students: Study Permit Essentials

• Confirm continuous enrollment at a designated learning institution and active study.

• If seeking a new study permit, attach transcripts, enrollment letters, and proof of funds.

• For post graduation work permit planning, make sure your completion documents align with IRCC rules.

Temporary Resident Permit as a Safety Valve

A Temporary Resident Permit can sometimes allow you to regain legal status when standard restoration applications are not available, such as after the 90-day window. TRPs are discretionary and require compelling reasons that outweigh any risk. They are not a routine fix.

Processing Times and What To Expect

Processing times vary by category and volume. While waiting, you must not work or study unless authorized. Keep your contact details current, check your IRCC account often, and respond quickly to any officer request.

When You Should Consider Leaving Canada

You may choose to leave Canada and apply from abroad if you are outside the 90-day period, need a visa you cannot obtain from inside Canada, or wish to avoid extended uncertainty. Leaving while a restoration is pending can lead to abandonment, so coordinate timing carefully.

Can Restoration Affect Permanent Residence Later?

Direct answer: Yes, because compliance history matters. A clean restoration that shows honesty and quick corrective action usually poses less risk. Ongoing non-compliance can affect future applications for permanent residence through Express Entry or the Canadian Experience Class (sometimes informally referred to as the “Canada class”).

After Approval: Staying Compliant

Once your new permit or visitor record is issued, review the conditions imposed and expiry date. Diarize renewal dates at least 90 days in advance. For study or work permits, confirm that you are authorized for the activities you plan to start or resume.

Get Legal Help to Restore Your Immigration Status in Canada

If your status in Canada has lapsed, you have a short window to act. Our firm assists with restoration of status Canada applications, complex Temporary Resident Permit requests, and, when needed, judicial review at the Federal Court. We also advise on longer-term strategies, including permanent residence planning.

• Read our service page: Work Permit & LMIA Lawyer

• Learn about litigation: Federal Court Judicial Review

• Explore pathways: Express Entry Immigration Lawyer

FAQs

Do I have to leave Canada immediately if my status expired?

Direct answer: You must stop unauthorized activity, but many people can apply for restoration within 90 days without leaving. If you are outside 90 days, you may need a Temporary Resident Permit or to leave Canada and apply from abroad.

Can I restore visitor status and later apply for a study or work permit?

Direct answer: Yes, if you meet the initial requirements for the new category and maintain valid status. Many people first restore to a visitor record, then apply for a study permit or work permit when they are ready.

What if my country requires a visa to enter Canada?

Direct answer: That affects travel, not the in-Canada restoration application. If you travel, you will need a visitor visa to enter Canada again. Approval of restoration does not guarantee re-entry.

This article is for general information only and does not constitute legal advice. For tailored guidance on your restoration application, please contact our office.