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Restoration of Status in Canada: The 90-Day Window

If you lose temporary resident status, IRPR s.182 lets an officer restore it if you apply within 90 days and meet the conditions. IRCC's fees are $246.25 for a visitor, $396.25 for a student and $401.25 for a worker (restoration plus permit), and you may not work or study until the restoration and any permit are approved.

Restoration of status is the narrow route back for someone whose visitor record, study permit or work permit has run out or been breached. It exists in the regulations, it has a short window and it comes with a firm limit: you can't work or study while you wait.

This guide sets out what the Immigration and Refugee Protection Regulations (IRPR) say, what IRCC's guides add, which fees apply as at IRCC's fee list of 21 September 2026, and how restoration connects to the six-month bar on new work permits. It explains the rules. It doesn't say whether you can still restore your own status.

The rule in section 182

Section 182(1) of the IRPR says: "On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act."

Take the pieces in turn.

  • The window. "Within 90 days after losing temporary resident status." The text of section 182 doesn't provide for extending it. When status was lost, and so when the 90 days began, depends on the facts of the file.
  • The cause. The status must have been lost "as a result of failing to comply with" certain conditions. Section 185 lets an officer impose conditions on the period authorized for the stay (paragraph (a)), on the work a person may do (paragraph (b)) and on the studies a person may do (paragraph (c)). The specific ones named are the period of stay, the conditions on work in subparagraphs (b)(i) to (iii), and the conditions on studies. Typical examples are staying past the end of the authorized period, or working for a different employer than the permit allows.
  • The test. "Shall restore" is mandatory language, but only if three things are established after an examination: the person meets the initial requirements for their stay, hasn't failed to comply with any other conditions imposed, and isn't the subject of a declaration under section 22.1(1) of the Immigration and Refugee Protection Act (IRPA). That last item is the Minister's power to declare, on public policy grounds, that a foreign national may not become a temporary resident.
  • A carve-out for students. Section 182(2) says that, despite (1), an officer "shall not restore the status of a student who is not in compliance with a condition set out in subsection 220.1(1)." Section 220.1 isn't covered in this guide; read it before relying on the student route.

How status is lost. Section 183(4) says the period authorized for a temporary resident's stay ends on the earliest of several days. These include the day the temporary resident leaves Canada without prior authorization to re-enter, the day a work or study permit becomes invalid, and the end of the period fixed under section 183(2) when none of the others applies. The guide on maintained status explains the rule that extends the period when a timely extension application is pending.

What IRCC's guides say

IRCC's Guide 5551 (page date 5 June 2026) sets out the same rule in plainer words:

"You may be able to restore your status as a visitor, student or worker within 90 days of losing it." It lists the reasons status was lost that the process covers: staying in Canada longer than the period authorized for your stay (but not longer than 90 days); changing employers, location of employment or type of work (occupation or level of responsibility) before getting a new work permit; and changing the type of studies, institutions, location or times and periods of studies without applying to change those conditions on your study permit, if they were specified on it.

You may still be eligible, the guide says, if you continue to meet the initial requirements for your stay and have not failed to comply with other conditions imposed.

Three routes. The guide describes different restoration applications depending on what you need afterwards.

  1. Restoration as a visitor only. If you no longer need or are no longer eligible for a work or study permit and want to restore status as a visitor only, you must submit within 90 days, provide full details of the facts and circumstances that led to the loss of status, meet the requirements for your stay as a visitor (including why you want to stay longer and evidence of how you will support yourself or be supported in Canada), and pay the restoration fee.
  2. Restoration plus a work or study permit. If you are eligible to apply for a work or study permit from within Canada, you can submit both applications at the same time. The guide says your work or study permit application will only be processed once an officer has decided the restoration application. You must meet the requirements for your stay and for the permit, and pay the restoration fee and the permit fee.
  3. Family members. Restoration "applies to each family member who has lost their status", so each applies and pays separately. IRCC's study permit page makes the same point for spouses, common-law partners and dependent children who came with the student.

The guide adds two warnings: "There is no guarantee that we will approve your application", and "You may not study or work in Canada until your application for restoration and associated study or work permit application has been approved."

The forms. The worker guide (Guide 5553, modified 5 June 2026) names IMM 5710, "Application to Change Conditions or Extend Your Stay in Canada." The student page (modified 9 August 2024) says to use Guide 5552, select "Restore my status" in section 3 at the top of the form, include a note explaining why you need to extend your stay and submit all supporting documents. The visitor guide lists IMM 5708 as the application form.

Fees as at 21 September 2026

The IRCC fee list (date modified 21 September 2026) shows:

  • restoring visitor status: $246.25 (no visa fee needed);
  • restoring student status: $396.25, made up of the $246.25 restoration fee and the $150 study permit fee;
  • restoring worker status: $401.25, made up of the $246.25 restoration fee and the $155 work permit fee;
  • open work permit holder fee: $100, in addition to the $155 work permit fee where the permit is an open one;
  • biometrics: $85 per individual, or $170 per family of two or more eligible people.

Putting those together: a student restoring with a new study permit pays $396.25; a worker restoring with a new employer-specific work permit pays $401.25; a worker restoring with an open work permit pays $246.25 + $155 + $100 = $501.25, plus biometrics where they apply. Each family member who restores pays their own restoration fee.

IRCC's worker guide says the $155 work permit processing fee "will not be refunded." The fee list says the right of permanent residence fee is the only fee that can be refunded after processing starts. Check the fee list on the day you apply.

While you wait: no work, no study

The rule is stated plainly in IRCC's guide: you may not study or work in Canada until the restoration application and any associated permit application have been approved. IRCC's student page says the same about studying: "Once you lose your status, you can't study in Canada until we've restored your status as a student."

That limit connects to a second one. Section 200(3)(e) of the IRPR says an officer "shall not" issue a work permit to a foreign national who has engaged in unauthorized study or work in Canada, or failed to comply with a condition of a previous permit, unless:

  • six months have passed since the unauthorized work or study (or the failure to comply) stopped;
  • the study or work was unauthorized "by reason only" that the person did not comply with conditions imposed under paragraph 185(a), subparagraphs 185(b)(i) to (iii) or paragraph 185(c);
  • section 206 applies to them; or
  • they were later issued a temporary resident permit under section 24(1) of the IRPA.

The second item uses the same list of conditions as section 182(1). In other words, the regulations treat unauthorized work that results only from the kinds of breach restoration covers differently from other unauthorized work. What this means for a given person depends on exactly what they did and when. That is a question to put to a regulated adviser.

IRCC's guide also states that "It is illegal to work without a required work permit."

If it is refused, or the window has passed

IRCC's guide says that if you applied for restoration you will receive a letter advising you of the decision and the instructions to follow. For extensions, the same guide says that if the application is refused you can only stay in Canada until the expiry date of your current temporary resident status; for a person whose status has already lapsed, that date has passed. An application rejected as incomplete is, in IRCC's words, "considered to have never been submitted", so the person has to apply again, and the 90 days keep running.

There is no appeal from a refusal. IRCC's help centre says that the options are a new application with new information, or judicial review in the Federal Court if the decision was unreasonable or involved an error in law or fairness. The judicial review deadline is 15 days for a matter arising in Canada and 60 days for a matter arising outside Canada (IRPA s.72(2)(b)). Only a lawyer, or you representing yourself, can act in the Federal Court.

If the 90 days pass, section 182(1) no longer applies by its terms. IRCC's study permit page says that if your permit expires and you haven't applied for an extension, you must leave Canada. What is available after the window depends on the person and is not covered by section 182. Options such as a temporary resident permit under IRPA s.24(1), which allows an officer to issue a permit to a person who is inadmissible or does not meet the requirements of the Act "if an officer is of the opinion that it is justified in the circumstances", are discretionary and are examined in separate guides.

One last point of difference with maintained status. If you applied for an extension on time, you are on maintained status and your status continues. If you applied late, there is no maintained status and restoration is the only rule described here. The deadline for the first is the expiry date; the deadline for the second is 90 days after status was lost.

When people bring in a regulated adviser

Restoration cases are time-sensitive and fact-heavy. The adviser's job usually begins with working out when status was lost, why, what has happened since (particularly any work or study), and which of the three application routes above fits. People often look for licensed help when the 90 days are close to running out, when they have worked since status lapsed, or when a previous refusal is involved.

A regulated adviser must give you a written consultation agreement stating the fee before the first consultation (College Code s.23). Check any adviser on the register first; the guide on checking an RCIC licence explains how.

Find a regulated adviser

Migratio's directory lists only advisers who have signed up with us and who show "Entitled to Practise: Yes" on the live CICC register at https://register.college-ic.ca/, or who are in good standing with a law society. Each is linked to the official register. Migratio is not an immigration consultant, doesn't give immigration advice and doesn't take part in your application. You can search the directory for a regulated adviser and compare what each one charges for a consultation before you book.

Questions people ask

How long do I have to restore my status in Canada?

90 days after losing it, under IRPR s.182(1). IRCC's Guide 5551 says the same: you may be able to restore your status as a visitor, student or worker within 90 days of losing it, and there is no guarantee of approval.

Can I work or study while my restoration application is processed?

No. IRCC's guide says you may not study or work in Canada until the restoration application and any associated study or work permit application have been approved.

How much does it cost to restore status in Canada in 2026?

As at IRCC's fee list of 21 September 2026: $246.25 for a visitor, $396.25 for a student (restoration plus the $150 study permit fee) and $401.25 for a worker (restoration plus the $155 work permit fee). An open work permit adds a $100 holder fee. Biometrics are $85 per person or $170 per family.

Which form do I use to restore status?

IRCC's guides point to IMM 5708 for visitors, IMM 5710 for workers and Guide 5552 with a student form, selecting "Restore my status" in section 3. Check IRCC's current forms page before you apply.

Does restoration cover my family members?

IRCC says restoration applies to each family member who has lost their status, so each person applies and pays their own restoration fee.

Sources

Last checked 2026-10-09.

Related guides

  • Maintained Status in Canada: Working and Studying While You Wait — If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.
  • Work Permit Refused in Canada: What Happens Next — There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.
  • Study Permit Refused: Reapply, Seek Review or Rethink — There's no appeal from a study permit refusal. The options are a new application (which needs a new provincial or territorial attestation letter in most cases) or judicial review in the Federal Court within 60 days from outside Canada or 15 days from inside. Students in Canada also need to check their status.
  • IMM 5710, Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker: what it asks — IMM 5710 is the form for a worker already in Canada who wants to extend a work permit, change its conditions or apply for an initial work permit from inside the country. IRCC says to apply at least 30 calendar days before your current permit expires. The IRCC fee list shows $155 for a work permit including extensions, plus $100 for an open work permit holder.
  • IMM 5708: extending your stay as a visitor, what the form asks and where it goes wrong — IMM 5708 is the form for asking IRCC to extend a visitor's stay, change conditions or restore visitor status. The extension fee on the IRCC fee list is $100 per person, and IRCC's guide says to apply at least 30 days before your status expires. If every question in the Background section is not answered, the application is treated as incomplete and returned.
  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.