If your status in Canada has expired, whether it’s a study permit, work permit, or visitor visa, it is essential to take immediate steps to apply for Status Restoration to regain your legal status. Immigration, Refugees, and Citizenship Canada (IRCC) provides several options to renew or restore your status in Canada, helping you avoid the significant consequences of overstaying. 

In this article, TWA will explain how to address expired study permits, work permits and visitor visas, and provide a comprehensive overview of the Restoration of Status process to ensure you remain in compliance with Canadian immigration laws.

As per immigration regulations, applicants must apply for status restoration within 90 days of losing their status. During this period, you must refrain from any unauthorized work or study while waiting for a decision on your application.

How to extend your stay in Canada?

What to do if your Study Permit expires? 

If your study permit is about to expire and you wish to continue studying, it’s important to submit your renewal application at least 30 days before the expiry date. 

However, if your Canadian study permit has already expired, you have up to 90 days after losing your status to apply for Restoration of Status. During this period, you are not allowed to continue studying until your status is restored. For more details, please refer to the information below.

What to do if your Work Permit expires? 

Before your work permit expires, you should apply for renewal at least 30 days in advance to ensure you can continue working legally while your application is being processed. 

If your Canadian work permit has already expired, you must apply for Restoration of Status and a new work permit within 90 days. During this time, you are not permitted to work until your status is restored. For details on how to apply, please see the information below.

What to do if your Tourist Visa expires? 

If your visitor visa is about to expire, you can apply for a Visitor Record before the expiry date to extend your stay in Canada. A Visitor Record allows you to remain in Canada legally beyond your original visa expiration date.

However, if your visitor visa has already expired, you have up to 90 days to apply for Restoration of Temporary Resident Status. During this period, you must not engage in any unauthorized activities, such as working or studying, until your status is restored.

What is Status Restoration?

Differences between Extension and Status Restoration 

The key difference between a visa extension and status restoration lies in the timing of the application. 

An extension is sought when you wish to prolong your stay in Canada while still holding valid status, it must be applied for before your current visa expires. You must meet the original conditions of your visa, and while your application is being processed, you are allowed to remain in Canada and continue your activities, such as working or studying, if your visa permits.

In contrast, status restoration is applicable when you have lost your legal status due to an expired visa. You must apply for restoration within 90 days of losing your status and demonstrate that you meet the initial requirements for your original visa. Unlike extensions, while awaiting the outcome of a restoration application, you cannot engage in any activities that require a permit, such as working or studying. 

Who can apply for restoration of status?

Eligibility for Restoration of Status

To successfully apply for Restoration of Status, applicants must fulfill the below requirement:

• submit their application within 90 days of losing their status
• meet the initial requirements for their stay in Canada
• ensure they have not violated any other conditions of their visa, except for those related to the expiration of their status or issues pertaining to work or study that may have contributed to the loss of status.

While awaiting the outcome of their application, applicants must remain in Canada.

Restoration of status after 90 days

Option One: Leave Canada and Reapply for a Visa
If you are unable to apply for restoration within the 90-day window, you will typically need to leave Canada and reapply for a visa (such as a visitor visa, study permit, or work permit) from outside the country. 

Option Two: Seek Professional Advice
If you find yourself in a unique situation, it is recommended to seek the advice of a professional immigration consultant, who can provide tailored guidance based on your specific circumstances, such as exploring the possibility of applying for an exemption or other special considerations.

How to Restore Status in Canada?

Step 1:  Check Your Status Expiry Date

Begin by confirming the specific date your status expired. You have a 90-day window from that date to apply for restoration of status. If this period has passed, you will not be able to restore your status within Canada and may need to leave the country to reapply for a visa. Additionally, be sure to check the expiry date of your passport.

Step 2: Submit Your Restoration of Status Application

Choose the appropriate restoration application method based on your previous status in Canada (visitor, study permit, or work permit). You must submit your application using the IRCC online application tool. Ensure that all documents are completed accurately and that you pay the required application fees.

Step 3: Wait for Application Results

While waiting for the results of your restoration application, you must remain in Canada and refrain from any unauthorized work or study activities.

Step 4: Receive Your Application Results

If your application is successful, IRCC will issue you a Visitor Record or the appropriate visa, and the documents will be mailed to you. 

Application and Supporting Documents

To apply for restoration of status in Canada, you will have to gather all the necessary documents, such as:

• IMM 5708 Application to Change Conditions
• IMM 5476 Use of a Representative (if applicable)
• Proof of Payment
• Photocopies of passport pages
• Photocopies of travel or identity document if you did not use a passport to enter Canada
• Photocopy of your current immigration document (if applicable)
• Photocopy of Marriage License or Certificate (if applicable)
• Proof of means of support

Status Restoration Application Fee

The fees for applying to restore status in Canada are as follows:

Restoration of Visitor Status: CAD $229

Study Permit: CAD $379 ($229 for restoring temporary resident status processing fee, and $150 for the new study permit application fee)

Work Permit:  CAD $384 ($229 for restoring temporary resident status processing fee, and $155 for the new work permit application fee)

Applicants need to pay the corresponding fee based on their specific needs in order to restore their temporary resident status and obtain the necessary authorization for work or study.

Status Restoration Processing Time

The time it takes to process a restoration of status application in Canada can vary and often stretches over several months.

For individuals from certain countries, it may be quicker to leave Canada and submit a new permit application from outside the country, rather than waiting for the restoration of status to be processed internally.

Restoration Refusal

If the immigration officer determines that you do not qualify for restoration of status, your application will be denied, and you will receive a written notification requiring you to leave Canada immediately.

If your application for restoration of status is denied, you will not be allowed to remain in Canada, and it is essential to leave promptly to avoid illegal residency.

If you find yourself in a unique situation, it is advisable to seek assistance from a professional immigration consultant for guidance.

Restoration of Status in Canada FAQ

What to do if your visa expires in Canada?

If your Canadian visa has expired, you can apply for Restoration of Temporary Resident Status within 90 days of losing your status. During this time, you must cease any unauthorized work or study activities. If more than 90 days have passed, you will need to leave Canada and reapply for a visa from outside the country, or consider seeking advice from a professional.

What is restoring status in Canada?

Restoration of Status refers to the process through which temporary residents (such as students, workers, or visitors) can apply to regain their legal status after it has expired in Canada. Temporary residents have the opportunity to restore their legal residency if they submit their application within 90 days of their visa or permit expiring.

What to do if restoration of status is refused?

If your application for restoration of status is denied, you will not be allowed to remain in Canada, and it is essential to leave promptly to avoid illegal residency. If you find yourself in a unique situation, it is advisable to seek assistance from a professional immigration consultant for guidance.