Quick Answer: Can You Stay in Canada and Restore Your Status as a Visitor?
- As of May 1, 2026, IRCC’s updated officer instructions allow out-of-status workers and students to apply to restore their temporary resident status as a visitor — without leaving Canada first.
- To be eligible, you must apply within 90 days of losing your status, remain inside Canada while the application is processed, and satisfy an IRCC officer that you meet the requirements of a visitor.
- When applying, you must file a restoration application together with an application for a Visitor Record (form IMM 5708) and pay the combined fees (currently $346.25 CAD for a visitor restoration).
- Submitting a restoration application does not give you permission to work or study — you must stop both activities immediately once your permit expires and cannot resume until a new permit is approved.
- Approval is not guaranteed: restoration of status is highly discretionary, and being out-of-status during processing may still affect future PR applications — including Express Entry — even if your restoration succeeds.
What Changed — and Why It Matters If Your Permit Has Expired
If your work permit or study permit has expired, your first instinct may be that you have to leave Canada right away. That concern is natural — but the situation may not be as urgent as it feels.
On May 1, 2026, IRCC (Immigration, Refugees and Citizenship Canada — the federal department that oversees Canadian immigration) published updated officer instructions that expand your options. The guidance now makes clear that out-of-status workers and students can apply to restore their temporary resident status as a visitor, without leaving Canada first.
This matters for thousands of people across the GTA. Under previous guidance, many out-of-status workers and students were told they had to leave Canada and re-enter as visitors. That is no longer required — provided you act within the 90-day restoration window and meet the eligibility conditions.
If your permit has recently expired, here is what you need to know before deciding your next step. Speaking with an immigration lawyer in Toronto or Scarborough can help you understand which path fits your specific situation before you file anything.
Quick Start: Pick Your Situation
Before reading further, find the profile that matches you — then go directly to the relevant sections.
My work permit has expired and I no longer have a qualifying job offer.
→ Restoration as a visitor may be available. Apply within 90 days of expiry and stop working immediately.
My study permit has expired and I am no longer enrolled.
→ Restoration as a visitor may be available. IRCC’s May 2026 update allows students to restore as visitors.
My permit has not yet expired — I filed a renewal or extension before the expiry date.
→ You may be on maintained status. Read the next section. Restoration rules do not apply to you yet.
Maintained Status vs. Restoration of Status — What Is the Difference?
These two concepts are easy to confuse, and mixing them up leads to serious errors — including working when you are not authorized to, or missing the deadline to apply.
Maintained status — previously called implied status — arises automatically when you submit an extension or renewal application before your current permit expires. Under s. 183 of the Immigration and Refugee Protection Regulations (IRPR), you can typically keep working or studying under the same conditions as your original permit while the application is in progress. Your status as a temporary resident is legally preserved throughout.
Restoration of status is an entirely different process. It applies only after your permit has already expired and your temporary resident status has lapsed. Under s. 182 of the IRPR, you have 90 days from the date you lost status to apply. During that window, you are out of status — there is no authorization to work or study, and your legal standing in Canada is not preserved.
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Maintained Status vs. Restoration of Status
What each pathway means for your right to work, study, and apply for permanent residence in Canada
| Factor | Maintained Status | Restoration of Status |
|---|---|---|
| When it applies | You applied to extend or renew before your permit expired | Your permit has already expired — you are out of status |
| Legal status during processing | ✓ In status — legally present in Canada | ✗ Out of status throughout processing |
| Can you work? (workers) | ✓ Yes — under original permit conditions | ✗ No — must stop work immediately |
| Can you study? (students) | ✓ Yes — under original permit conditions | ✗ No — must stop studying immediately |
| Application deadline | Must apply before permit expires | Must apply within 90 days of expiry |
| 2026 fee (visitor pathway) | Extension fee only (varies by permit type) | $346.25 CAD ($246.25 restoration + $100 Visitor Record) |
| Impact on future PR | ✓ Minimal — status preserved throughout | ⚠ Out-of-status period remains on record |
The difference matters enormously for your permanent residency application. Maintained status leaves no gap in your immigration history. Restoration does not erase the out-of-status period — it simply allows you to regain a legal temporary status going forward. That distinction can affect how IRCC officers view a future PR application.
Who Can Apply to Restore Status as a Visitor Under the May 2026 Rules?
You may be eligible to restore your status as a visitor if all four of the following conditions apply to you:
- ✓ You previously held a valid work permit or study permit.
- ✓ You are applying within 90 days of the date your status expired.
- ✓ You have remained inside Canada continuously since your status expired.
- ✓ You did not work or study without authorization after your permit expired.
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The 90-Day Restoration Window — What Happens at Each Stage
Under IRPR s. 182(1), you have 90 calendar days from the date your status expires to apply for restoration. The clock does not pause.
▲ Best time to file
Days 1–30
▲ Still eligible — act soon
Days 31–89
Final day
Day 91 + — Window Closed
Day
0
File IMM 5708 + Visitor Record application through IRCC Secure Account
Still eligible to apply. Do not wait — the 90-day window does not extend
Hard deadline
Day 0
Permit expires — stop work and study immediately
Your authorization to work or study ends on this date. Continuing to work or study without authorization makes you ineligible for restoration and may expose you to enforcement action.
Day 91+
Restoration window closed — other options apply
Restoration is no longer available. Options may include a Temporary Resident Permit (TRP), inland spousal sponsorship, or refugee claim — each with separate eligibility requirements. Legal advice is strongly recommended.
You are not eligible for this restoration pathway if you held a Temporary Resident Permit (TRP) — a TRP is a separate instrument that allows people with certain inadmissibilities to enter or remain in Canada, and TRP holders must apply for a new TRP rather than seeking a standard restoration. You are also ineligible if you worked or studied without legal authorization at any point while out-of-status: IRCC officers treat this as a breach of your conditions, and it weighs heavily against approval.
Restoration of status under s. 182 of the IRPR is a discretionary process. Every application is assessed individually by an IRCC officer, and meeting the eligibility conditions does not guarantee a positive outcome.
How to Apply: Your Step-by-Step Roadmap
Once you have confirmed you are eligible, the process has seven steps. Work through them in order — do not skip ahead to the submission step before your documents are complete.
-
1
Confirm Your 90-Day WindowFind the exact expiry date printed on your permit or on any IRCC refusal letter. Count forward 90 calendar days — that is your hard deadline. The clock does not pause while you gather documents or seek advice, so check this date first.
-
2
Stop Work or Study ImmediatelyThe moment your permit expires, your authorization to work or study ends. Stop both activities now. Working or studying without authorization while out-of-status makes you ineligible for restoration and may trigger enforcement consequences.
-
3
Gather Your Supporting DocumentsYou will need: a copy of your expired permit, a valid passport (bio page and all pages with stamps or visas), proof of financial means to support yourself as a visitor, and a written letter of explanation describing how you lost status and your intention to comply with visitor conditions.
-
4
Complete Form IMM 5708This is the “Application to Change Conditions, Extend My Stay or Remain in Canada as a Visitor.” Check the box indicating you are applying to restore your status as a visitor — not simply to extend an existing stay. Using the correct form and the correct checkbox matters.
-
5
Pay the Required FeesThe restoration fee is $246.25 CAD, plus $100 for the Visitor Record application, for a combined total of $346.25 CAD as of 2026. Biometrics ($85 CAD) may also be required if they are not already on file with IRCC. Fees are subject to change — confirm current amounts at ircc.canada.ca before submitting your application.
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2026 Restoration of Status — Fee Breakdown by Permit Type
Stacked by component: Restoration fee (fixed) + Permit fee (varies) + Optional biometrics. Fees current as at December 2025 — verify at ircc.canada.ca before filing.
Visitor Record
$346.25
+ $85 biometrics if needed
Study Permit
$396.25
+ $85 biometrics if needed
Work Permit (Closed)
$401.25
+ $85 biometrics if needed
Open Work Permit
$501.25
+ $85 biometrics if needed
-
6
Submit Through Your IRCC Secure AccountFile the restoration application and the Visitor Record application together through your IRCC online account. Submit both at the same time — filing separately may cause delays or complications. Do not mail paper copies.
-
7
Stay in Canada and Track Your ApplicationDo not leave Canada while your restoration application is pending. Departing — even for a brief trip to the United States — voids the application entirely. Monitor your IRCC Secure Account for correspondence and check-in requests.
IRCC does not publish a specific processing time for restoration applications. Processing varies by case complexity and current application volumes. If your application is refused, you will need to explore alternative options promptly — the clock on your legal options continues to run.
The PR Risk Nobody Is Talking About
Every article covering the May 2026 IRCC update addresses the eligibility rules. Very few address what comes next.
If you have an active Express Entry profile or a pending sponsorship or permanent residence application, the decision to apply for restoration as a visitor — rather than pursuing an alternative pathway — can have downstream consequences. IRCC officers assessing future PR applications may consider the period of out-of-status as a relevant factor in their assessment, even where restoration was ultimately approved.
This does not mean restoration is the wrong choice. For many people across the GTA, it is the most practical and appropriate option available. The key is making that decision with full awareness of how the out-of-status period may appear to future decision-makers — and ensuring you disclose it accurately when required.
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Should You Apply for Restoration as a Visitor — or Get Legal Advice First?
Answer three questions to find your recommended path. Based on IRCC guidance and IRPR s. 182.
Question 1 of 3
Are you within 90 days of the date your status expired?
NO
Restoration Not Available
Consider a TRP or other options. Get legal advice now.
YES
Question 2 of 3
Did you work or study without authorization after your permit expired?
YES
Get Legal Advice First
High refusal risk. A lawyer can assess your specific situation.
NO
Question 3 of 3
Do you have an active Express Entry profile or a pending PR or sponsorship application?
YES
Get Legal Advice First
PR implications of out-of-status period must be assessed.
NO
Recommended Path
You May Apply for Restoration as a Visitor
File Form IMM 5708 + Visitor Record through your IRCC Secure Account before Day 90
Note: This decision tool is for general guidance only. Restoration of status is highly discretionary under IRPR s. 182, and approval is never guaranteed. Every case is different — consult a licensed immigration lawyer before filing.
If you have an active PR pathway in progress, speak with a licensed immigration lawyer before you file a restoration application. Qasim Ali, Principal Lawyer at Nihang Law regularly assists clients across the GTA who are navigating complex immigration transitions. Understanding the full picture before you submit costs far less than addressing the consequences afterward.
Seven Mistakes That Can Get Your Restoration Application Refused
These errors are more common than most people expect — and every one of them is avoidable with the right information.
- Continuing to work or study after permit expiryOnce your permit expires, your authorization to work or study ends immediately. Working or studying without authorization while out-of-status makes you ineligible for restoration and may expose you to enforcement consequences including a removal order.
- Missing the 90-day deadlineRestoration is not available once 90 calendar days have passed since your status expired. The clock runs from the day your permit expires — not the day you realize it has expired. It does not pause while you gather documents.
- Leaving Canada while your application is pendingDeparting Canada, even briefly, voids a restoration application entirely. You cannot re-enter on a pending restoration application and resume processing from abroad.
- Using the wrong form or checking the wrong boxRestoration to visitor status requires Form IMM 5708 with the visitor restoration checkbox selected. Filing on a worker or student form may result in a refusal on procedural grounds.
- Omitting the letter of explanationIRCC officers have wide discretion in assessing restoration applications. A clear, honest explanation of how you lost status and what you intend to do in Canada as a visitor can be the difference between approval and refusal.
- Assuming approval is automaticRestoration is a discretionary process. Meeting the eligibility conditions does not guarantee a positive outcome — officers assess the full circumstances of each case individually.
- Not disclosing the out-of-status period in future applicationsA successful restoration does not remove the out-of-status gap from your immigration history. Omitting it from a future PR application may constitute misrepresentation — a finding that carries serious long-term immigration consequences.
Frequently Asked Questions
My work permit expired two weeks ago — can I still stay in Canada and apply to become a visitor?
Can I keep working while I wait for my restoration application to be decided?
What happens if IRCC refuses my restoration of status application?
Will being out of status hurt my chances of getting permanent residence later?
My study permit expired but I no longer want to study — can I restore as a visitor instead of a student?
Can I travel to the United States and come back while my restoration application is pending?
What is the difference between a Visitor Record and a visitor visa — and which one do I need for restoration?
I missed the 90-day deadline — is there anything else I can do to stay in Canada legally?
Next Steps: Protecting Your Status and Your Future in Canada
IRCC’s May 2026 update creates a real option for out-of-status workers and students who need time in Canada before their next step. The restoration window is 90 days, and it does not move. What you do during that window — and how carefully you manage the application — can affect not only your immediate legal status but your long-term path to permanent residence.
Every situation is different. Officer discretion is real, and outcomes cannot be predicted from eligibility rules alone. Restoration may be the right path for many people. For those with an active Express Entry profile or a pending PR application, the implications go beyond the restoration itself.
Get Legal Guidance Before You File
Qasim Ali, Principal Lawyer at Nihang Law works with out-of-status clients across the GTA — helping them understand their full range of options before they file, not after something goes wrong. Whether your permit expired recently or you have been out of status for weeks, the right advice now can make a meaningful difference to what happens next.
If your permit has recently expired, or if you have an active PR application and are considering a restoration filing, take the time to get advice first.
Contact Nihang Law →
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Immigration and Refugee Protection Regulations (IRPR), s. 182 — Restoration of Temporary Resident Status
laws-lois.justice.gc.ca - IRCC — Restore your status in Canada (Work Permit holders)
canada.ca - IRCC — How do I restore my status as a visitor? (Help Centre)
ircc.canada.ca - IRCC — Fee Schedule for Immigration Applications (updated December 2025)
ircc.canada.ca - CIC News — Out-of-status temporary residents gain additional options, May 2026
cicnews.com - Moving2Canada — Restoration of Temporary Resident Status: IRCC Updates Guidance May 2026
moving2canada.com - Canadian Immigration Lawyers Association (CILA) — The quagmire of how to apply for restoration of status
cila.co - IRCC — Maintained Status Guidance (updated May 28, 2025)
canada.ca
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