Restoration of temporary resident status

A foreign national who has lost their temporary resident status in Canada may apply to restore their temporary resident status in accordance with section 182 of the Immigration and Refugee Protection Regulations (IRPR).

An applicant who was previously authorized to work or study may be eligible to restore that authorization or may apply to have their temporary resident status restored as a visitor should they no longer qualify or require an authorization to work or study.

Note: TRP holders are not eligible for restoration of status.

On this page

• Eligibility requirements for restoration of status
  • Applicant requirements
  • Specific requirement details
  • Possible restoration scenarios
• Restoration fees
• Service standards

Eligibility requirements for restoration of status

Applicant requirements

The applicant must be in Canada without status at the time of submitting the application and

• apply within 90 days of having lost their status
• meet the requirements for their stay whether as a visitor, worker or student
  • A worker or student simply wishing to restore their temporary resident status (without a work or study authorization) may do so if they otherwise meet the requirements under R179.
• remain in Canada until a decision is made
• have not failed to comply with any condition imposed by operation of the 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
    • designated learning institution
    • location of the studies
    • times and periods of the studies
• not be the subject of a declaration under subsection A22.1(1)

Specific requirement details

Ninety-day period

• Foreign nationals have 90 days from the date they lose their temporary resident status to apply for restoration and pay the corresponding fee. Under section A47, temporary resident status is lost at the end of the period of authorized stay, on determination by an officer or the Immigration Division that the foreign national has failed to comply with any other requirement of the IRPA or on the cancellation of a temporary resident permit.
  • A period of authorized stay includes extensions provided for 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) and the 90-day period to apply for restoration starts when the foreign national’s initial period of authorized stay ends.
  • Under the Regulations, a foreign national’s study permit may become invalid before its expiry (R222) and their temporary resident status may end before the period initially contemplated for their stay [see R183(4)].
• If an application for an extension of temporary resident status under section R181 is refused and the foreign national’s status has expired, the foreign national has 90 days from the date on which their temporary resident status ends including any period of maintained status to apply for restoration, if otherwise eligible. The applicant’s temporary resident status ends when their application for an extension is refused.
• If an application for an extension is received after the temporary resident status has ended, the case processing centre should refuse the application.

Continuation of work or study

Foreign nationals applying for restoration who have lost their status and authority to work or study may not continue to work or attend school until their restoration application has been approved and, where applicable, their new work or study permit has been issued.

Leaving Canada

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

Note: Restoration of status cannot be applied for nor granted at the port of entry.

Possible restoration scenarios

Students

A temporary resident who was authorized to study and has lost their status can apply in Canada for restoration of their temporary resident status and authorization to study, if necessary. They may also submit an application for a work permit along with its appropriate processing fee(s). The work permit application will be processed after the restoration and study permit applications have been determined

For information on students applying for a post-graduation work permit (PGWP), please refer to Post-graduation work permit (PGWP) [R205(c) – C43] – International Mobility Program.

A foreign national who was in possession of a valid study permit may have been subject to study related conditions imposed under R185(c). If they fail to comply with these study related conditions, the foreign national may be eligible for restoration of status.

If a foreign national engages in studies without the authorization to do so, they will be ineligible for restoration of temporary residents status as this violates R183(1)(c). A foreign national with a study permit who is not in compliance with a condition set out in R220.1(1) will also be ineligible for restoration of status.

Workers

A temporary resident who was authorized to work and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work, if necessary. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees. The study permit application will only be assessed after the restoration and work permit applications have been determined.

A foreign national with a valid work permit may be subject to employment related conditions under R185(b). If they fail to comply with a condition imposed under R185(b)(i)-(iii), the foreign national may be eligible for restoration of status.

However, if a foreign national fails to comply with an employment related condition imposed under R185(b)(iv)-(v), they are not eligible for restoration of status. If a foreign national engages in work without authorization to work, they will be ineligible for restoration of temporary resident status as this violates R183(1)(b).

Visitors

A temporary resident (visitor) who is now out of status may apply to restore their status as a temporary resident.

Temporary residents who are eligible to apply in Canada for a work or study permit (R199 or R215) may do so when restoring their temporary resident status. The fees for the study or work permit must be paid in addition to the restoration fee, unless they are otherwise exempt.

Temporary resident permit (TRP) holders

A temporary resident permit (TRP) holder who has let their permit expire is not eligible for restoration. They must submit an application for a new TRP.

Restoration fees

Foreign nationals applying for restoration must pay all the corresponding fees. Any foreign national applying to restore their status as a temporary resident must pay the restoration fee. If the foreign national is also seeking a work or study authorization, they must pay the applicable fees for each permit in addition to the fee for status restoration, unless they are otherwise exempt.

As an example, a study permit holder who is applying to restore their temporary resident status with authorization to study must submit the fees for both restoration of status and for a study permit where applicable. If they wish to apply for a work permit in addition to restoration and study permit, they must also pay the work permit fee(s).

Service standards