Restoration of Temporary Resident Status

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

If a temporary resident has lost their status (section 47 of the Immigration and Refugee Protection Act [IRPA]) or let their authorization to work or study expire, they may apply to restore that status in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR).

It is important to note that since status and authorization are not the same under the IRPA, an applicant can only restore their status to that of a temporary resident and to the authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore temporary resident status with authorization to work.

On this page

• Eligibility requirements for restoration of status
  • Applicant requirements
  • Specific requirement details
  • Students applying for a post-graduation work permit (PGWP)
• Restoration fees
  • Process at the Case Processing Centre in Edmonton (CPC-E)
  • Process at DN office (if applicable)

All in-Canada visitor record, study permit and work permit applications must be submitted electronically. There are exceptions for specific programs that are not available in the online process. See the list of programs that are exempt from the mandatory electronic application requirement.

Eligibility requirements for restoration of status

Applicant requirements

The applicant must

• apply within 90 days of having lost their status
• meet the initial requirements for their stay
• remain in Canada until a decision is made
• have not failed to comply with any condition imposed automatically by regulation [R183] or by an officer [R185], other than those stated below
• have lost their status only because they have failed to comply with any of the following conditions imposed by an officer:
  • paragraph R185(a)
    The period authorized for their stay.
  • subparagraphs R185(b)(i) to (iii)
    The work that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of work
    • employer
    • location of work
  • paragraph R185(c)
    The studies that they are permitted to engage in, or are prohibited from engaging in, in Canada, including the
    • type of studies or course
    • educational institution
    • location of the studies
    • times and periods of the studies
• not be the subject of a declaration under subsection A22.1(1)
• continue to meet the requirements of a temporary resident and the requirements of the work or study permit, as applicable

Specific requirement details

Ninety-day period

• Foreign nationals have 90 days from the date they lose their temporary resident status to apply for restoration. Under section A47, status is lost on expiry of the period of authorized stay or on determination by an officer that the foreign national has failed to comply with any other requirement of the IRPA.
  • under section A47,
    • a period of authorized stay includes periods of status imposed by operation of law (maintained status) under subsection R183(5)
    • if an application is rejected under section R12 as incomplete, there is no extension of the period of authorized stay (maintained status)
  • under paragraph R222(1)(a), a study permit becomes invalid 90 days after the student completes their program of study
• If an application for an extension of temporary resident status under section R181 is refused, the foreign national has 90 days from the date of the refusal notice to apply for restoration, if otherwise eligible.
• If an application for an extension is received after the temporary resident status is lost, the case processing centre should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.
• Foreign nationals have 90 days from the date their status expired to submit their restoration application and pay the corresponding fee.

Continuation of work or study

Foreign nationals applying for restoration have lost their status and authority to work or study. They may not continue to work or attend school until their status and authorization have been restored and a new work or study permit has been issued.

Foreign nationals who have failed to comply with the conditions imposed under section R185 need to apply in Canada for restoration of their status or leave Canada immediately.

Leaving Canada

Restoration of status cannot be granted at the port of entry.

If a foreign national leaves Canada, they will be deemed to be seeking a new entry on their return, and the previous non-compliance with imposed conditions may make them inadmissible to Canada as per section A41 and subsection A29(2).

During the processing of a restoration application, should an officer determine that the foreign national has left Canada, the officer shall refuse the application restoration as the foreign national is no longer eligible. In this situation, processing fees are not refunded.

Possible restoration scenarios

A foreign national can only apply to restore their status and authorization to one they held immediately prior to the loss of status.