Restoration of Temporary Resident Status

Get clear guidance on how to restore your legal status and continue your stay in Canada.
If you are a temporary resident in Canada and your status has expired—whether due to the end of your work or study authorization or other non-compliance under Section 47 of the Immigration and Refugee Protection Act (IRPA)—you may still have options. Under Section 182 of the Immigration and Refugee Protection Regulations (IRPR), eligible individuals can apply to restore their temporary resident status.
This section outlines who can apply for status restoration, how the application process works, and what outcomes you can expect, helping you understand the steps needed to remain in Canada legally.

Eligibility Criteria

An individual may only restore the same status and authorization they held before losing their status. For instance, a former student cannot restore their status with permission to work.

  • Restoration of Status – Eligibility Requirements
  • To qualify for restoration of status, applicants must:
  • Submit the application within 90 days of losing their status.
  • Continue to meet the original conditions of their authorized stay.
  • Remain physically present in Canada until a decision is made on the application.
  • Ensure they have not violated any conditions imposed under regulation R183 or by an immigration officer under R185, except for the loss of status itself.
  • Continue to satisfy the requirements of a temporary resident, including the conditions of the work or study permit, where applicable.

Conditions Applicable to Temporary Residents (R185)

An immigration officer has the authority to set, modify, or remove specific conditions for individuals holding temporary resident status in Canada. These conditions may include:

Authorized Length of Stay The duration for which the individual is permitted to remain in Canada.

Employment Conditions Restrictions or permissions related to work in Canada, which may specify:

  • The type of work allowed or prohibited
  • The employer for whom the individual may work
  • The location where the work may be performed
  • Continue to meet the original conditions of their authorized stay.
  • The hours and time periods during which work is permitted
  • For crew members, the timeframe within which they must join their designated means of transportation

Study Conditions Limitations or approvals related to studies in Canada, including:

  • The type of program or course of study
  • The designated educational institution
  • The location of the studies
  • The permitted study schedule and duration

Travel Restrictions The geographic area within Canada where the individual is allowed or restricted from traveling.

Reporting and Compliance Requirements Specific times and locations where the individual must report for:

  • Medical examinations, monitoring, or treatment
  • Providing proof that they are complying with the conditions of their stay

Important Information: Ninety-Day Restoration Period

Foreign nationals have 90 days from the date their temporary resident status is lost to apply for restoration of status. As per Section A47 of the Immigration and Refugee Protection Act (IRPA), status is considered lost when the authorized period of stay expires or when an officer determines that the individual has failed to comply with IRPA requirements.

Under Section A47:

  • The authorized period of stay includes any time granted through maintained status, as outlined in Subsection R183(5).
  • If an application is rejected as incomplete under Section R12, maintained status does not apply, and the authorized stay is not extended.
  • According to Paragraph R222(1)(a), a study permit becomes invalid 90 days after a student completes their program of study.
  • If an application to extend temporary resident status under Section R181 is refused, the individual has 90 days from the date of the refusal notice to apply for restoration, provided they meet eligibility requirements.
  • When an extension application is submitted after temporary status has already expired, the Case Processing Centre (CPC) will refuse the application and issue a notice informing the applicant of their eligibility to apply for restoration.
  • All restoration applications must be submitted within 90 days of status expiry, along with payment of the applicable restoration fees.

Continuation of Work or Study

Foreign nationals applying for status restoration are no longer authorized to work or study in Canada. Employment or academic activities must stop until their status is officially restored and a new work or study permit is granted.
Individuals who have not complied with the conditions set out under section R185 must apply for restoration of their status from within Canada or depart the country without delay.

Leaving Canada While Seeking Restoration of Status

Restoration of status cannot be approved at a port of entry. If a foreign national departs Canada, they will be considered as applying for a new entry upon return. Any prior failure to comply with immigration conditions may result in inadmissibility under section A41 and subsection A29(2) of the Immigration and Refugee Protection Act.
If an immigration officer determines that the applicant has left Canada while a restoration application is still under review, the application will be refused, as the individual is no longer eligible for restoration. In such cases, all processing fees are non-refundable.

Restoration Scenarios

Students

If a temporary resident on a study permit loses their status, they can apply within Canada to restore their temporary resident status and study permit. They may also apply and pay for a work permit if they meet the eligibility requirements of the work permit program. Once the study permit is approved, the work permit application will be processed.

Workers

Temporary residents who held a work permit and have lost their status can apply within 90 days in Canada to restore their temporary resident status and work authorization. They may also apply for a study permit by paying the applicable fees if they meet the requirements. The study permit will only be reviewed after the restoration and work permit applications are approved.

Visitors

Visitors who have fallen out of status can apply to restore their temporary resident status. Those eligible to apply for a study or work permit while restoring status [R199 or R215] may do so, provided the applicable fees are paid, unless they qualify for an exemption.

Temporary Resident Permit (TRP) Holders

TRP holders whose permit has expired cannot restore their status. They must submit a new TRP application. Applicants must still demonstrate that they are genuine temporary residents and meet all requirements under the IRPA to qualify for a new TRP.

Restoration Fees

Foreign nationals applying to restore their status must pay the required fees. Those seeking to restore as a temporary resident are only required to pay the restoration fee. However, if a work or study permit is also needed, the applicant must pay the applicable fees for each permit in addition to the restoration fee, unless exempt.
For example, a study permit holder applying to restore their status must pay both the restoration fee and the study permit fee. If they also wish to apply for a work permit at the same time, the work permit fee must be included. The application is first assessed for restoration, and if approved, any study or work permit applications are then processed.

Fee Structure:

  • $229 – Individual visitor restoration
  • $379 – Restoration plus study permit ($229 restoration + $150 study permit)
  • $384 – Restoration plus work permit ($229 restoration + $155 work permit)

Case Processing at the Edmonton Case Processing Centre (CPC-E)

Step 1: Application Submission
The Edmonton Case Processing Centre (CPC-E) receives your restoration application and verifies that all required documents and fees—including the restoration fee and any applicable permit fees—are included.

Step 2:Eligibility Assessment
An officer reviews your eligibility for restoration:

If eligible:

  • The officer evaluates your application, including medical results and supporting documents.
  • If a medical examination is required, the officer sends the following by mail:
  • Medical instructions
  • Medical examination form (IMM 1017)
  • List of panel physicians
  • Once all requirements are met, including the medical results, the officer issues a visitor record (or the appropriate permit) with the conditions for restoring your status. The document is mailed to you.

If not eligible:

  • The application is refused, and you are notified in writing that you must leave Canada immediately.
  • The officer assesses whether a Section 44 report may be needed due to a possible violation of the Immigration and Refugee Protection Act (IRPA) or Regulations (IRPR).
  • Detailed case notes are prepared regarding the violation.
  • The application may be referred to a Domestic Network (DN) office near your residence for further assessment and possible interview.

Process at the Domestic Network (DN) Office (if applicable)

If the CPC-E refers a restoration application to a local office, a Domestic Network (DN) officer may contact the applicant for an interview to obtain additional information. Following the interview or review of the application, the officer will make a decision to either approve or refuse the request.

  • If approved: The applicant will receive a visitor record or the appropriate permit reflecting the new conditions.
  • If refused: The applicant will be formally notified in writing, including the reasons for refusal.
  • Important: Applicants whose restoration is refused are required to leave Canada immediately.
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