Quick Answer: What Are Your Options If Your Permit Has Expired in Canada?

What Restoration of Status Means — and Why Acting Quickly Matters

If your work permit or study permit has expired and you are still in Canada, you are in a situation that has a clear legal process and a defined time window. The first thing to know is that options exist — and one of them may allow you to stay.

Restoration of status is the process under Canada’s Immigration and Refugee Protection Act (IRPA) that allows temporary residents to regain their status after a permit has lapsed. The governing regulation, s. 182 of the Immigration and Refugee Protection Regulations (IRPR), gives you 90 calendar days from the date your permit expires to apply. That window is fixed — it does not extend, and it does not pause while you gather documents.

What you do in those 90 days, and which pathway you choose, can affect not only your ability to stay in Canada but your long-term immigration goals. Speaking with an immigration lawyer in Toronto or Scarborough before you file can help you choose the right path for your specific situation.

Quick Start: Pick Your Path

Three restoration pathways exist. Find the one that matches your situation — then go to the relevant section.

Maintained Status vs. Restoration of Status — What Is the Difference?

These two concepts are the most common source of confusion for people in this situation — and mixing them up can lead to serious errors, including working when you are no longer authorized to, or missing the deadline to apply for restoration.

Under s. 183 of the IRPR, maintained status arises automatically when you apply to extend your permit before it expires. Your temporary resident status remains legally intact, and you can typically continue doing what your original permit authorized — working, studying, or remaining as a visitor — while IRCC decides.

Under s. 182 of the IRPR, restoration of status applies only after your permit has already lapsed. You are technically out of status — you have no legal authorization to work, study, or remain — but you have up to 90 days to apply to regain that status. While the application is pending, you cannot work or study.

The distinction also matters for your permanent residency application. Maintained status leaves no gap in your immigration history. A restoration, even a successful one, does not erase the out-of-status period — and that period must be disclosed accurately in any future immigration application.

Restoring Your Status as a Student in Canada

A study permit can lapse because a program ended, enrollment was interrupted, or a renewal was not submitted in time. The moment your permit expires, you must stop studying immediately. Continuing to attend classes or submit coursework without authorization after expiry makes you ineligible for restoration.

To restore your student status, you will need to gather: an updated letter of acceptance from your DLI, proof of current or upcoming enrollment (such as a transcript or enrollment confirmation letter), and a personal letter of explanation. That letter should clearly describe how your status lapsed, why you are requesting restoration, and how you intend to comply with permit conditions going forward.

Submit Form IMM 5709 through your IRCC Secure Account portal. Under question 3, select “Restore my status as a student.” The combined fee for 2026 is $396.25 CAD ($246.25 restoration fee plus $150 study permit fee). Biometrics ($85) may also apply if not already on file. Fees are subject to change — confirm current amounts at ircc.canada.ca before submitting your application. Full guidance is available in IRCC Guide 5552.

If you no longer plan to continue studying, you may now have the option to restore your status as a visitor instead. Read our detailed guide to restoring as a visitor for full details on this new May 2026 pathway.

Restoring Your Status as a Worker in Canada

A work permit can expire due to the passage of time, a change in employment without proper authorization, or working hours or conditions outside what the permit allows. Once your permit expires, you must stop working immediately — full stop. Working without authorization after expiry disqualifies you from restoration and can have wider immigration consequences.

To restore your worker status, complete Form IMM 5710 and submit it through your IRCC Secure Account. Under question 3, select “Restore my status as a worker.” Prepare a letter of explanation describing how your status lapsed and your intended compliance going forward. Include any documents related to your original authorized employment, and check whether your employer needs to update the IRCC Employer Portal.

The combined fee for 2026 is $401.25 CAD ($246.25 restoration fee plus $155 work permit fee). Biometrics ($85) may apply. Fees are subject to change — confirm at ircc.canada.ca. Full guidance is available in IRCC Guide 5553.

If you need to change employers, a separate application may be required — or you may be eligible to restore as a visitor while you explore your next steps. See the section below for the new May 2026 option.

What Changed in May 2026 — Restoring as a Visitor Without Leaving Canada

To restore as a visitor you need to have held a work or study permit, apply within 90 days of expiry, remain continuously inside Canada, and not have worked or studied without authorization after your permit lapsed. For the complete eligibility breakdown, application walkthrough, and the PR risk implications unique to this pathway, see our detailed guide to restoring as a visitor.

You must file Form IMM 5708 (Application to Change Conditions, Extend My Stay or Remain in Canada as a Visitor) together with an application for a Visitor Record. A Visitor Record is an internal document issued to people already inside Canada that conditions their stay as a visitor — it is different from a visitor visa, which is issued before entry. The combined fee is $346.25 CAD ($246.25 restoration fee plus $100 Visitor Record fee). Biometrics ($85) may apply.

Submitting this application does not give you permission to work or study while it is being processed. You remain out of status during that period, and that gap stays on your immigration record even if restoration is approved.

This pathway is particularly useful for people who need time in Canada to close out their affairs, explore their options, or wait for a new job offer or program acceptance. Qasim Ali, Principal Lawyer at Nihang Law regularly guides clients through complex restoration decisions across the GTA. For a complete step-by-step guide — including the full application walkthrough, fee breakdown, and PR risk implications — read our detailed guide to restoring as a visitor.

How to Apply for Restoration of Status — Step by Step

These six steps apply to all three pathways. Steps 4 and 5 are where the process diverges depending on whether you are restoring as a student, worker, or visitor.

1. 1
   Confirm your 90-day windowFind the exact expiry date on your permit or any IRCC correspondence. Count forward 90 calendar days — that is your hard deadline. The clock runs from the date your status expired, not the day you realize it has expired.

2. 2
   Stop work or study immediatelyYour authorization ends the moment your permit expires. Stop both activities now and do not resume them until IRCC approves a new permit. Continuing without authorization disqualifies you from restoration.
3. 3
   Choose your restoration pathwayDecide whether you are restoring as a student (IMM 5709), worker (IMM 5710), or visitor (IMM 5708). Use the decision flowchart in the previous section if you are unsure which applies to you.
4. 4
   Gather your documentsAll pathways require: a copy of your expired permit, a valid passport, proof of financial means, and a written letter of explanation. Students add enrollment proof from their DLI. Workers add employment documents. Visitor applicants demonstrate they meet visitor conditions, including having sufficient funds to support themselves.
5. 5
   Complete the correct form and pay feesStudent: Form IMM 5709 — $396.25 CAD. Worker: Form IMM 5710 — $401.25 CAD. Visitor: Form IMM 5708 — $346.25 CAD. Biometrics ($85) may apply to all three. Fees are subject to change — confirm current amounts at ircc.canada.ca before submitting your application.
6. 6
   Submit through your IRCC Secure Account and remain in CanadaFile online through your IRCC Secure Account. Do not depart Canada while your application is pending — departure voids the application entirely. Monitor your account for correspondence. If your application is refused, seek legal advice promptly about your remaining options.

Six Mistakes That Can Derail Your Restoration Application

These errors appear more often than most people expect — and every one of them is avoidable with the right information.

• Continuing to work or study after permit expiryYour authorization ends the moment your permit expires. Working or studying without authorization after expiry disqualifies you from restoration and may expose you to enforcement action.
• Missing the 90-day deadlineThe clock runs from the date your permit expired, not the day you discover it has lapsed. It does not pause while you gather documents or seek advice. Once 90 days pass, restoration is no longer available.
• Leaving Canada while your application is pendingDeparting Canada — even briefly, and even for a family emergency — voids your restoration application entirely. You cannot re-enter Canada to resume a pending application.
• Using the wrong form for your chosen pathwayIMM 5708 is for visitor restoration, IMM 5709 for students, and IMM 5710 for workers. Filing the wrong form may result in a procedural refusal regardless of whether you meet the substantive eligibility conditions.
• Omitting the letter of explanationIRCC officers have broad discretion in assessing restoration applications. A clear, honest account of how your status lapsed and your plans to comply going forward can significantly improve your chances.
• Not disclosing the out-of-status period in future applicationsA successful restoration does not erase the gap from your immigration history. Omitting the out-of-status period in a future permanent residence or sponsorship application may constitute misrepresentation, which carries serious long-term consequences.

Frequently Asked Questions

Next Steps: Getting Your Immigration Status Back on Track

Three restoration pathways now exist in Canada — as a student, a worker, or a visitor — and the right one depends on your specific situation, your immigration history, and your plans for the future. The 90-day window is fixed and the same for all three. What varies is the form, the fee, the documents required, and the implications for any PR application you may have in progress.

Restoration is a discretionary process. Meeting the eligibility conditions puts you in the position to apply — it does not guarantee a positive result. Each application is assessed individually by an IRCC officer, and the strength of your letter of explanation, the completeness of your documents, and the circumstances of how you lost status all matter.

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
• Immigration and Refugee Protection Regulations (IRPR), s. 183 — Maintained Status
  laws-lois.justice.gc.ca
• IRCC — Guide 5552: Applying to change conditions or extend your stay as a student
  www.canada.ca
• IRCC — Guide 5553: Applying to change conditions or extend your stay as a worker
  www.canada.ca
• IRCC — Restore your status in Canada (Work Permit holders)
  www.canada.ca
• IRCC — Fee Schedule for Immigration Applications (updated December 2025)
  www.ircc.canada.ca
• IRCC — Updated Officer Instructions on Restoration of Status (May 1, 2026)
  www.canada.ca
• CIC News — Out-of-status temporary residents gain additional options, May 2026
  www.cicnews.com