Your study permit ended in April. You meant to apply for an extension but the paperwork slipped, or the extension was refused, or you only realised last week that the date had passed. You are still in Canada, and you are now out of status.
This happens far more often than people think, and it is not always the end of the road. Canadian immigration law gives temporary residents a short window to put things right. It is called restoration of status, and the clock on it is unforgiving.
What restoration actually is
A visitor, worker, or student who has lost their temporary resident status can apply to have it restored, provided they do so within 90 days of the day the status was lost. The application is made from inside Canada. If it is approved, you are treated as though you never fell out of status, and you receive a new permit or visitor record at the same time.
Restoration is available where status was lost for one of a limited set of reasons: staying beyond the authorised period, working or studying without authorisation, or breaching a condition such as attending a particular school or working for a particular employer. It is not available to someone who has been issued a removal order, and it cannot be used to skip the requirements of the permit you are asking for.
The 90 days run from the date your status ended, not the date you noticed. If your permit expired on 15 March, the deadline is mid-June whether or not anyone told you.
What you can and cannot do while you wait
This is the part that catches people. Once you are out of status, you may remain in Canada while a restoration application is being processed, but you cannot work or study until it is approved. The maintained status rules that protect people who apply before their permit expires do not apply to restoration. We explain the difference in our post on implied status vs maintained status.
Continuing to work or attend classes after your permit has lapsed makes the problem worse. It is a further breach, it is visible to the officer deciding your file, and it can undermine an otherwise strong application.
What the officer is looking for
A restoration application is two decisions in one. The officer must be satisfied that you qualify for restoration, and that you meet the requirements of the permit you are requesting. In practice, this means you need to address three things:
- Why status was lost. A short, honest explanation, supported by documents where possible. Officers see plenty of restoration requests, and a candid account of a missed date generally lands better than a vague one.
- What you have done since. Confirming that you stopped working or studying when the permit expired, and that you have otherwise complied with the law, matters.
- Why you still qualify. A student needs a current letter of acceptance and proof of funds. A worker needs a valid job offer and, where required, an LMIA or an exemption. A visitor needs to show the purpose of the stay and ties elsewhere.
There is a fee for restoration on top of the fee for the permit itself.
When restoration is not the right tool
Sometimes the 90 days have already passed. Sometimes the underlying problem is a refused extension that raises concerns a new application will not fix. And sometimes a person has been out of status for so long, or has built so much of a life here, that the realistic path is something different, such as a humanitarian and compassionate application.
If a restoration application is refused, there is no appeal. The remaining options are to leave Canada and reapply from abroad, or to challenge the decision in Federal Court on judicial review, which has a deadline of its own. Our immigration litigation practice handles these challenges.
A note on leaving Canada
Some people assume that leaving Canada resets the problem. It does not. Restoration can only be applied for from inside Canada, and once you leave, that option is gone. Any future application will be assessed with the period of non-compliance on the record. Whether staying to apply for restoration or leaving to reapply is the better route depends on your circumstances, and it is worth thinking through before you book a flight.
Do not wait
Restoration is one of the few areas of immigration law where a person who has made a mistake gets a clear second chance. The condition is that they act on it quickly. If your permit has expired, or you think it may have, count the days and get advice before the window closes.
Book a consultation with Kabir & Alam Lawyers. We can confirm whether restoration is available, prepare the application, and make sure the explanation and evidence give the officer what they need.