Restoration of Status Canada 2026: 90-Day Rule + Visitor Option
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Restoration of Status Canada 2026: 90-Day Rule + Visitor Option

Rami Mamar
Rami MamarRegulated Canadian Immigration Consultant · RCIC-IRB #R515110
Editorial policy
Published 5 min read

Key Takeaways

  • Restoration of status is a 90-day grace period under IRPR section 182 to recover an expired temporary resident status — apply within 90 days of expiry to qualify
  • The May 2026 IRCC update allows category-switching: an expired work permit can be restored as a visitor record without a new LMIA in most cases
  • Restoration fee is $239.75 CAD PLUS the underlying permit fee — study permit restoration totals $389.75, work permit $394.75, visitor record $339.75
  • You can stay in Canada under 'implied status' during processing (IRPR section 183) but cannot work, study, or change conditions until the decision
  • Current processing times: 91 days for study permit, 99-180 days for work permit, 105 days for visitor record

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As of May 21, 2026. If your temporary resident status in Canada has expired, you have 90 days from the day it lapsed to apply for restoration. Miss that window and you must leave Canada. Apply on day 91, and the application is automatically refused. Under a new Immigration, Refugees and Citizenship Canada (IRCC) operational change that took effect May 1, 2026, workers and students who have lost their status can now restore directly as visitors, instead of being locked into restoring the exact permit category they held. That single change keeps thousands of people in Canada legally each year who would otherwise have been forced out.

Restoration of status in Canada lets a visitor, student, or worker get their temporary status back after it expires, if they apply within 90 days. This guide explains who qualifies, what the new visitor option means, how to file the application, what it costs in 2026, and the four mistakes that get restoration applications refused.

What is restoration of status in Canada?

Short answer: A 90-day grace period under section 182 of the Immigration and Refugee Protection Regulations that lets a foreign national who has lost their temporary resident status apply to get that status back. Available for expired work permits, study permits, and visitor records as long as you apply within 90 days of expiry.

Restoration of status is a 90-day grace period that lets a foreign national who has lost their temporary resident status in Canada apply to get that status back. It is created by section 182 of the Immigration and Refugee Protection Regulations (IRPR). Once a permit expires and the holder has not filed an extension before the expiry date, they are out of status. Working or studying after the expiry is unauthorized, and continuing to do either disqualifies the person from restoration entirely.

Restoration is not automatic. The applicant must file Form IMM 5710 through their IRCC online account, pay the standard permit fee plus a separate restoration fee, and meet every requirement that applied to the original permit.

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Who is eligible for restoration of status in Canada?

Short answer: Four conditions: (1) apply within 90 days of the day your status expired, (2) still meet every requirement of the original permit (financial support, medical, criminal admissibility), (3) you did not work or study after status expired, and (4) you are physically in Canada when you apply.

You qualify for restoration if four conditions are met. First, you apply within 90 days of the day your status expired. Second, you still meet every requirement of the original permit (financial support, valid passport, no inadmissibility issues, and so on). Third, you have not violated the conditions of the expired permit, including by working or studying without authorization. Fourth, you are physically inside Canada when you apply and remain in Canada while the application is processed.

Restoration is closed if any of the following applies: you left Canada after losing status, you worked without authorization while out of status, you committed a misrepresentation, or you have an unresolved removal order.

What changed under IRCC's May 2026 update on restoration?

Short answer: Until April 2026, an out-of-status worker had to restore as a worker (with new LMIA) and an out-of-status student had to restore as a student. The May 2026 update allows category-switching during restoration — you can restore as a different permit type (e.g., expired work permit → restore as visitor), removing the need for a new LMIA in many cases.

Until April 2026, an out-of-status worker had to restore as a worker, and an out-of-status student had to restore as a student. Restoring required arranging a new Labour Market Impact Assessment (LMIA), a new Letter of Acceptance, or another category-specific document, often within the same 90-day window. People who could not assemble those documents in time lost status permanently and had to leave Canada.

The operational change effective May 1, 2026 introduced a second path. Out-of-status workers and students can now choose to restore as visitors instead of restoring in their original permit category. Restoring as a visitor is faster because it does not require an LMIA, job offer, or school enrollment document. The trade-off: as a visitor, you cannot work or study, and you must subsequently apply for a fresh work or study permit if you want to resume employment or studies.

For RCIC-assisted cases, the visitor option is now usually the first choice we evaluate, because it secures legal status quickly and preserves the option to apply for the right permit category afterward.

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How do I apply for restoration of status online?

Short answer: File entirely through the IRCC online account using GCKey or sign-in partner credentials. Complete the appropriate restoration form (varies by permit type), upload supporting documents (passport, expired permit, financial proof), pay the restoration fee plus the underlying permit fee, and submit biometrics if required.

Restoration is filed entirely through the IRCC online account. Sign in with your GCKey or sign-in partner, select "Apply to come to Canada," then choose the application that matches the status you want to restore (visitor record, study permit, or work permit). On the application form, in section 3, select "Restore my status."

The minimum document package:

  • A valid passport (must remain valid for the period of the requested stay).
  • Proof of financial support for the period of restoration.
  • A letter of explanation describing why your status lapsed and why you meet restoration requirements.
  • Original permit and any IRCC correspondence about the expiry.
  • For students: confirmation of continued enrollment from a designated learning institution.
  • For workers: a valid job offer plus a Labour Market Impact Assessment (LMIA) or LMIA-exempt offer of employment, unless restoring as a visitor.
  • Proof you still meet the original permit conditions (study transcripts, employer letters, National Occupational Classification (NOC) code documentation).
  • Receipts for the restoration fee and the underlying permit fee.

If you are unsure whether your circumstances meet the eligibility test, book a consultation with a Regulated Canadian Immigration Consultant (RCIC) at Go Far Global before you file. Filing a restoration application that is refused often closes your path to a future legal stay.

How much does restoration of status cost in 2026?

Short answer: Restoration fee is $239.75 CAD PLUS the underlying permit fee. Study permit restoration totals $389.75 ($150 study permit + $239.75 restoration). Work permit restoration totals $394.75 ($155 work permit + $239.75 restoration). Visitor record restoration totals $339.75 ($100 + $239.75). Biometrics add $85 individual / $170 family if required.

Restoration costs you the fee for the permit you are restoring, plus a separate $239.75 CAD restoration fee. The 2026 fee schedule:

Permit categoryPermit fee (CAD)Restoration fee (CAD)Total (CAD)
Visitor record$100$239.75$339.75
Study permit$150$239.75$389.75
Work permit (single-employer)$155$239.75$394.75
Open work permit (PGWP, BOWP, spousal)$155 + $100 open-permit holder fee$239.75$494.75

Fees are payable online during the IRCC online account submission. The restoration fee is non-refundable, even if your application is refused. For exact current fees, see the official IRCC fee list.

Can I stay in Canada while waiting for the decision?

Short answer: Yes. You may remain in Canada during processing as long as you filed within the 90-day window — called 'implied status' under IRPR section 183. Implied status means you can stay but cannot work, study, or change conditions until the restoration decision.

Yes. You may remain in Canada throughout the time your restoration application is being processed by IRCC, as long as you filed within the 90-day window. This is called "implied status," and it covers the period between submission and decision. However, implied status during restoration is restrictive: you cannot work and you cannot study while the application is pending, even if you were previously authorized to do so. This is the single most important difference between an extension application (where you keep working) and a restoration application (where you stop).

If IRCC approves, your authorized stay resumes from the date of the decision. If IRCC refuses, you must leave Canada immediately. There is no formal appeal of a restoration refusal, although a Pre-Removal Risk Assessment (PRRA) may become available if removal is initiated.

How long does IRCC take to process restoration applications?

Short answer: Current 2026 processing times: study permit restoration ~91 days, work permit restoration 99-180 days, visitor record restoration ~105 days. Files with admissibility flags or missing documents run longer. Apply as early as possible within the 90-day window to maximize buffer before processing completes.

IRCC publishes current processing times for every application type. As of May 2026, restoration of status as a visitor inside Canada averages roughly 105 days. Restoration of a study permit averages 91 days. Restoration of a work permit ranges from 99 to 180 days depending on whether an LMIA is attached. These averages exceed the 90-day filing window, which is why staying in Canada while the application is pending requires careful planning of finances and accommodation.

Officers can request additional documents during processing, which extends the timeline. Responding to a request inside the deadline IRCC sets is critical. If you fail to respond, the application is refused.

What is the success rate of restoration of status?

Short answer: IRCC does not publish a public success rate, but Go Far Global case data and Canadian immigration bar reports suggest restoration succeeds in roughly 70-80% of complete files. The two biggest failure causes are unauthorized work or study after expiry and applying outside the 90-day window.

IRCC does not publish a public success rate for restoration applications, but Go Far Global's case data and broader Canadian immigration bar reports suggest restoration succeeds in roughly 70 to 80 percent of cases when filed correctly within the 90-day window and supported by a complete document package. Refusal rates climb when the applicant has worked or studied without authorization, missed the 90-day deadline, or filed without proof that the original permit conditions are still met.

The strongest predictor of approval is filing fast (ideally within the first 30 days of losing status), filing complete (every supporting document present), and filing in the right category (using the new visitor option when it fits the case).

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What happens if I miss the 90-day window?

Short answer: If 91+ days have passed since your status expired, you are no longer eligible for restoration. You must leave Canada or risk inadmissibility on future applications. A removal order or enforcement action becomes possible. The only remaining option is to apply for a new permit from outside Canada, often with a 5-year inadmissibility flag.

If 91 or more days have passed since your status expired, you are no longer eligible for restoration and must leave Canada. Continuing to stay places you in inadmissible territory, and any future Canadian visa or permit application asks you to disclose your prior out-of-status period. Leaving promptly is the cleanest path forward; you can then apply for a new visa or permit from your home country.

Two narrow exceptions exist. Some applicants who entered Canada under specific humanitarian programs (such as the Canada-Ukraine Authorization for Emergency Travel (CUAET)) had longer restoration windows under public policy. And in extraordinary circumstances, a Humanitarian and Compassionate (H&C) application can stop removal, but H&C is reserved for cases with strong evidence of hardship, deep ties to Canada, and best-interests-of-the-child considerations. H&C is not a restoration substitute.

What are the most common mistakes that get restoration refused?

Short answer: Top refusals: (1) working or studying after status expired (disqualifies under IRPR section 183), (2) missing the 90-day window even by one day, (3) failing to maintain the original permit's eligibility requirements (e.g., losing the job that backed your work permit), (4) incomplete fee payment, and (5) submitting a restoration application after leaving Canada.

Four mistakes account for the majority of restoration refusals.

  • Working or studying after status expired. Even one day of unauthorized work disqualifies the applicant under IRPR section 183. The officer will discover the work through tax records, employer T4 filings, or social media.
  • Missing the 90-day deadline. IRCC counts the day after expiry as day 1. Counting from the wrong day or assuming weekends extend the deadline are common errors.
  • Filing without a letter of explanation. Officers expect a clear, dated explanation of why status lapsed and what changed. Silence reads as either negligence or misrepresentation.
  • Mixing implied status with restoration. People who filed an extension on time and are on implied status do not need restoration; people whose extension was filed after expiry must restore. Filing the wrong type loses the 90-day window.

If you suspect any of these apply to your situation, get an RCIC review before filing. A 30-minute review is far cheaper than a refused restoration plus removal.

What else do people ask about restoration of status?

How long does restoration status take in Canada?

Current IRCC processing times for restoration of status in 2026 are around 91 days for a study permit, 99 to 180 days for a work permit, and 105 days for visitor status. Check the live processing times tool before you file. Times update monthly and can be longer if the officer requests additional documents.

Can you stay in Canada while waiting for restoration of status?

Yes. Once your restoration application is submitted within the 90-day window, you are permitted to remain in Canada while IRCC processes it. You cannot work or study during this period, even if you held authorization before your status expired. This is the major difference between restoration and extension.

What is the success rate of restoration of status in Canada?

IRCC does not publish a public approval rate. Industry estimates and case experience put approval rates at 70 to 80 percent for restoration applications that are complete, filed within 90 days, and include proof that all original permit requirements are still met. Working or studying without authorization during the out-of-status period is the leading cause of refusal.

Who is eligible for restoration of status in Canada?

Short answer: Four conditions: (1) apply within 90 days of the day your status expired, (2) still meet every requirement of the original permit (financial support, medical, criminal admissibility), (3) you did not work or study after status expired, and (4) you are physically in Canada when you apply.

You qualify if you apply within 90 days of losing status, you still meet every requirement of the original permit, you have not violated any condition of the expired permit (including by unauthorized work or study), and you are physically in Canada. Leaving Canada after losing status closes the restoration option.

What is the restoration process?

You file Form IMM 5710 through your IRCC online account, select "Restore my status" under section 3, attach proof you still meet the original permit conditions, pay the permit fee plus the $239.75 restoration fee, and submit a letter of explanation. The officer reviews the package and issues a decision in 91 to 180 days depending on permit type.

How long does it take for IRCC to process restoration of status?

The shortest current processing time is around 91 days for restoration of a study permit. Restoration as a visitor takes about 105 days. Work permit restoration takes 99 to 180 days. These averages exceed the 90-day eligibility window, which is why you must file fast and plan to support yourself in Canada for several months while waiting.

Need help with a restoration filing or unsure if you qualify? Book a consultation with a Regulated Canadian Immigration Consultant (RCIC) at Go Far Global. We review your timeline, identify the right permit category for restoration (including the new May 2026 visitor option), and prepare the file for submission.

Sources

Updated May 21, 2026 by Rami Mamar, RCIC-IRB (License #R515110). Reviewed against IRCC's May 1, 2026 operational delivery update on restoration of status and the Immigration and Refugee Protection Regulations, section 182. For case-specific advice, book a consultation.

Disclaimer

This article is for informational purposes only and does not constitute immigration or legal advice. Immigration laws and policies change frequently. Each case is unique and outcomes depend on individual circumstances. Consult a Regulated Canadian Immigration Consultant (RCIC) before making immigration decisions.

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Rami Mamar

Regulated Canadian Immigration Consultant

RCIC-IRB #R515110Commissioner of Oaths

Rami Mamar is an RCIC-IRB licensed immigration consultant and Commissioner of Oaths with over a decade of experience helping clients from Iran, UAE, Syria, Armenia, and worldwide immigrate to Canada. He has overseen 10,000+ immigration cases including Express Entry, work permits, study permits, and family sponsorship applications.

Verify credentials on College of Immigration and Citizenship Consultants (CICC)

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