If a temporary resident has lost their status or let their authorization to work or study expire, they may apply to restore that status in accordance within section under IRPR.
It is important to note that an applicant can only restore to an authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore status with authorization as a worker.
Eligibility requirements for restoration of status
Applicant requirements: The applicant must
- apply within 90 days of having lost their status
- meet the initial requirements for their stay
- remain in Canada until a decision is made
- have not failed to comply with any condition imposed automatically by regulation [R183] or by an officer [R185], other than those stated below
Possible restoration scenarios
A foreign national can only apply to restore their status and authorization to one they held immediately prior to the need to apply for restoration.
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
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
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.