Question submitted by Alison H.
If your permit or visa has expired and you have fallen out of status you may not be completely out of luck.
The Immigration and Refugee Protection Regulations Act states that an application made by a visitor, worker, or student within 90 days after losing temporary resident status as a result of failing to comply with the period authorized for their stay, or any of the work that they are permitted to engage in, or the studies that they are permitted to engage in, 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, and has not failed to comply with any other conditions imposed.
Specific application details
Foreign nationals have 90 days from the date they lose their temporary resident status to apply for restoration. Status is lost on expiry of the period of authorized stay or on the determination by an officer that the foreign national has failed to comply with any other requirement of the IRPA.
If an application is rejected under section R12 as incomplete, there is no extension of the period of authorized stay (maintained status)
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 centre should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.
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 need to apply in Canada for restoration of their status or leave Canada immediately.
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. In this situation, processing fees are not refunded.
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.
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.
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.
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 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.
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. The person must still satisfy the officer that they are a genuine temporary resident and meet all the requirements of the IRPA in order to qualify for a new TRP.
Foreign nationals applying for restoration must pay all the corresponding fees. Any foreign national applying to restore as a temporary resident must pay only the restoration fee ($200). If the foreign national also requires a work or study permit, they must pay the cost recovery fees for each permit in addition to the fee for restoration ($200 plus each permit fee), unless they are otherwise exempt.
There is no guarantee that your application will be approved.
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