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 center (CPC) 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.
For example, a temporary resident with authorization to study who is out of status cannot apply to restore their temporary resident status with authorization to work. They must apply to restore their temporary resident status with authorization to study.
Students
A temporary resident who held a study permit and has lost their status can apply in Canada for restoration of their temporary resident status and study permit. They may also apply and pay for a work permit if they meet the requirements of the work permit program they are applying for. If they are approved for the study permit, the work permit application will then be processed.
Students applying for a post-graduation work permit (PGWP)
Workers
A temporary resident who held a work permit and lost their status can apply in Canada for restoration of their temporary resident status and authorization to work within 90 days of having lost their status. In addition to applying for restoration and a new work permit, they may also apply for a study permit, and pay the fees, if they meet the requirements for study permit issuance. The study permit will only be assessed after the work permit and restoration applications are approved.
Visitors
A visitor who is 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.
