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How Does the 90-Day Restoration Window Work?

Last reviewed: 2026-08-17

Short answer: if you lost temporary resident status in Canada, you have 90 days to apply to restore it. The clock runs from the day you lost status — IRCC: "We must receive your application to restore your status no more than 90 days after your status expired." You may remain in Canada while it is processed, but you may not work until restoration is approved and a new work permit is issued.

When restoration is not available

  • More than 90 days have passed. Restoration from inside Canada closes.
  • Temporary resident permit holders. IRCC: "Temporary resident permit (TRP) holders are not eligible to restore their status."
  • You did not meet the initial requirements of your stay — the criterion reads "met the requirements for your stay (for example, you didn't work illegally)."
  • You breached other conditions on the permit before it expired.
  • You are subject to a declaration under IRPA s.22.1(1).
  • A student out of compliance with IRPR 220.1(1). Section 182(2): "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)."

The regulation itself — IRPR s.182

182 (1) 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.

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(2) Despite subsection (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).

Two things to notice. First, "shall restore" — where the requirements are met, restoration is mandated, not discretionary. Second, it is limited to the enumerated breach types. Not every loss of status is restorable.

The three qualifying reasons

  1. You stayed longer than the period authorized (by no more than 90 days).
  2. You changed employers, location of employment, or type of work (occupation or level of responsibility) before obtaining a new work permit.
  3. You changed the type of studies, institution, location, or times and periods of study specified on your study permit without applying to change those conditions.

The most expensive misunderstanding: you cannot work

Straight from the work permit page:

If you lose your status: You must stop working.

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You may stay in Canada while we make a decision on your application. Normally, you aren't allowed to work until your status has been restored and your new work permit issued.

"I filed, so I can keep working" describes maintained status, a different mechanism. Confusing them produces unauthorized work — which then breaks the restoration criterion itself.

Maintained status vs restoration

Maintained statusRestoration
TriggerApplied to extend before your status expiredApplied within 90 days after losing status
Wording"If you apply to extend your stay in Canada before the date by which you're supposed to leave, you can legally stay in Canada until a decision is made"IRPR s.182
Work or study while pendingContinues under the same conditionsNot permitted
FeesPermit feePermit fee plus restoration fee

There is one more trap, from Guide 5552:

If your application is rejected as "incomplete", it is considered to have never been submitted and therefore you would not be able to maintain your status.

An incomplete rejection erases the maintained status retroactively. If your expiry date has already passed by then, you are in the restoration track.

IRCC does not publish a page addressing what date the clock runs from when an extension is refused while on maintained status. Maintained status ends when the decision is made, so the refusal date is the practical planning date — that is a reading of the structure, not quoted rule text. Confirm it case by case.

The deadline is measured to the hour

MethodHow the received date is set
OnlineSubmitted before midnight UTC, no more than 90 days after status and permit expired
PaperStamped on the day it reaches the Case Processing Centre

IRCC's online system runs on coordinated universal time. Filing on the last day from a North American time zone can land you a day late. IRCC also states that for applications received after the 90-day period, "we'll count back 7 days and use that as the date received."

Fees (as of August 2026)

ItemCAD
Restoration$246.25
Work permit processing$155
Open work permit holder fee$100
Study permit (including extensions)$150
Biometrics$85 (max $170 per family of 2+)

IRCC spells out the student combination: restoration $246.25 + new study permit $150 = $396.25.

Processing fees are not refunded once processing has begun. Filing an extension by mistake on an already-expired permit loses that fee, and you will be asked for the restoration fee on top.

Easy things to get wrong on the forms

  • Workers: on IMM 5710, section 3, also select "Restore my status as a worker."
  • Visitors: on IMM 5708, section 3, select "Restore my status as a visitor."
  • Both: attach a separate page giving the facts. IRCC's wording: "explain all of the facts and circumstances that prevented you from complying with the conditions of your permit." Online, upload it under "Client information" → "Optional documents."
  • Changing permit type has an order. IRCC: "If your permit and status have expired, you must restore your initial permit and status first. After that, you can apply for a different permit." You cannot jump from an expired study permit straight to a PGWP.
  • Worker restoration has employer prerequisites. IRCC: "Before you apply, make sure your employer has completed all the required steps."

Approval is not assured

There's no guarantee we'll approve your application to restore your status, or for a new work permit.

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If your application is refused, you'll have to leave Canada.

If anyone describes restoration as a formality, show them those two sentences. A paid representative promising an outcome is itself a warning sign — see how to verify a consultant and guaranteed-PR red flags.

FAQ

Can I keep working while restoration is pending? No. IRCC states "You must stop working," and that normally you are not allowed to work "until your status has been restored and your new work permit issued." Working during this period breaks the restoration criteria.

What if the 90 days have already passed? Restoration from inside Canada is no longer available. The remaining route is leaving and applying again from outside, and the overstay can affect how later applications are assessed. This needs individual review.

I'm a student — can I restore as a visitor instead? Guide 5552 states you may apply for restoration "either as a student or as a visitor." Restoring as a visitor only means you cannot study, and you follow Guide 5551.

Official sources

Where does my case fit?

Guides cover the general rules. Individual assessments belong in a proper consultation.

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About the author

Jungmin (Lisa) Noh

Jungmin (Lisa) Noh

Regulated Canadian Immigration Consultant (RCIC) · R706158

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