Restoring Your Immigration Status
Understand how to regain lawful status if your permit has expired or was not renewed in time
Last verified: 2026-04-03
Understanding Immigration Status
Immigration status in Canada refers to your lawful right to be in the country under the Immigration and Refugee Protection Act (IRPA). Status is not a single document; rather, it is a legal condition created when you meet certain requirements and have the authorization of the government. Different types of status include permanent resident status, temporary resident status (work permit or study permit), and protected person (refugee) status.
Types of Status in Canada
Permanent Resident Status
You are a permanent resident if you have been issued a permanent resident document (PR card or travel document) and remain in Canada, or if you satisfy the definition of permanent resident under IRPA. This status does not expire, but you may lose it if you stop meeting residency obligations (must be physically present in Canada at least 2 years of every 5-year period).
Temporary Resident Status (Work Permit)
You are a temporary resident with work authorization if you have a valid work permit. This status has an expiry date. Work permits typically allow you to work for a specific employer or in a specific occupation and may include restrictions on location or type of employment.
Temporary Resident Status (Study Permit)
You are a temporary resident with study authorization if you have a valid study permit. This status allows you to study at a designated learning institution and has an expiry date. Some study permits include authorization to work a limited number of hours per week.
Protected Person Status
You are a protected person (refugee) if the Immigration and Refugee Board has determined you meet the definition of Convention refugee or person in need of protection. Once you are a protected person, you may apply for permanent residence, which typically leads to PR status within about 6 months.
What Happens When Status Expires
When a work permit, study permit, or other temporary status expires, you no longer have lawful authorization to be in Canada—unless you meet an exception. If your status expires and you have not obtained a new authorization (such as a work permit extension, PR status, or protected person status), you may become a person without status, which has serious consequences. Individuals in this situation may become deportable, ineligible for benefits, unable to work legally, and at risk if enforcement officials become aware of their presence.
How Immigration Status Is Lost
Immigration status can be lost in several ways. Understanding how loss occurs helps explain what went wrong and what steps may restore your status.
Expiry Without Renewal
The most common way status is lost is through expiry of a temporary permit without timely renewal. For example:
Your work permit expires on June 15, 2025. You apply for a renewal on May 20, 2025, but IRCC does not issue a decision before June 15.
You should have applied earlier. Once June 15 passes without a new permit or a letter of implied status, you are no longer in lawful status.
Exception: If you applied before the expiry date, you may still have implied status and be authorized to remain and work (see Implied Status section below)
Failure to Maintain Requirements
Some temporary resident permits include conditions you must meet. If you fail to meet them, your status may be at risk. Examples:
- Work permit with employer restriction: If your permit says you must work only for "ABC Company" and you switch employers without authorization, you may be violating the permit conditions
- Study permit conditions: If you are required to maintain full-time enrollment at a designated institution and you stop attending, you may lose your study permit status
- Residency obligation (PR only): If you are a permanent resident, you must maintain Canada as your place of residence and be physically present in Canada for at least 2 years in every 5-year period
Refusal or Cancellation of a Permit
Your permit may be refused (not issued) or cancelled (revoked) by IRCC. Reasons include:
- Misrepresentation on your application (providing false information)
- Security or criminality concerns
- Failure to continue to meet eligibility requirements (for example, no longer meeting the language requirements for your work permit category)
- Working in violation of permit conditions
- Violations of your immigration obligations
Removal Order
If you are found to be inadmissible to Canada (for example, due to criminality, security concerns, or being in the country without authorization), you may be issued a removal order. A removal order immediately terminates any immigration status you held and orders you to leave Canada.
The Status Restoration Process
If your status has been lost and you want to remain in Canada, you may have options to restore your status. The option available depends on your circumstances and how your status was lost.
Applying for Status Restoration
If you are outside Canada without status, you may apply for restoration of status. The restoration application asks IRCC to grant you temporary resident status again (typically, a new work or study permit) despite the fact that you allowed your previous status to expire or otherwise lost status. Individuals may apply for restoration if:
You were a temporary resident and your status expired or was otherwise lost
You are otherwise admissible to Canada (no security or criminality concerns)
You have a valid reason for restoring status (for example, you have a job offer and need a work permit, or you are a student with an acceptance letter)
How to Apply
The restoration application process depends on whether you are in Canada or outside Canada when you apply.
If You Are Inside Canada
If you are in Canada without status and you apply for restoration, your application will be processed by IRCC. You may include a new work permit application or study permit application in the same package. Submit your application to the correct IRCC office (typically the office that processes applications for your province).
If You Are Outside Canada
If you have left Canada and wish to restore status before returning, submit your application to a Canadian visa office (embassy or consulate) in your current country. Include your restoration application with supporting documents and a new permit application.
Documentation Required
A restoration application typically requires:
Completed application form — Specify that you are applying for restoration of status
Proof of identity — Passport, national ID card, or other government-issued identification
Copy of your previous permit — If you have it, show when and what type of permit you held
Explanation letter — Explain why your status expired or was lost, and why you are requesting restoration
New permit application — Include a complete work permit or study permit application with supporting documents (job offer letter, acceptance letter from school, etc.)
Evidence of admissibility — Police certificates, medical exam results, and other documents showing you remain admissible
IRCC's Discretion
IRCC has discretionary authority to restore your status. The decision to restore or not restore is based on:
- Whether you remain admissible to Canada
- Whether you have a valid reason to restore status (job offer, study program, etc.)
- Your explanation for why your status expired or was lost
- Whether you meet all eligibility requirements for the new permit type you're requesting
The 90-Day Rule
One of the most important concepts in Canadian immigration is the "90-day rule." This rule affects whether you can restore your status in Canada.
What Is the 90-Day Rule?
If you are in Canada without status and more than 90 days have passed since you lost status, you cannot apply to restore your status while in Canada. You must leave Canada and apply from outside. This is a strict rule—it is 90 days from the day your status expired or was lost, not 90 days from any other date.
Example: How the 90-Day Rule Works
Scenario: Your work permit expired on June 15, 2025. You did not apply for a renewal or extension.
- June 15: Your status is lost (no implied status because you didn't apply for a renewal)
- September 13 (90 days later): This is your deadline
- If you apply on or before September 13: You can apply to restore status while in Canada
- If you apply on September 14 or later: You must be outside Canada to apply for restoration
Why This Rule Matters
The 90-day rule creates urgency. If you realize your status has been lost:
Calculate exactly when your status was lost (usually when your permit expired)
Count 90 days forward from that date
Apply for restoration before day 90 if you want to stay in Canada while your application is processed
If day 90 has passed, you must leave Canada before applying for restoration from a Canadian visa office abroad
Exception: Implied Status May Extend the Timeline
The 90-day clock may not start ticking if you have implied status. If you applied for a work or study permit extension before your current permit expired, you have implied status, and the clock does not start until that application is finalized (either approved or refused). This can significantly extend the time you have to apply for restoration.
Implied Status
Implied status is a critical protection under Canadian immigration law. If you apply for an extension or renewal of your permit before your current permit expires, you may have implied status even after the permit technically expires.
What Is Implied Status?
Implied status means you are deemed to have lawful status while waiting for a decision on an application you submitted before your current permit expired. Under the Immigration and Refugee Protection Act, if you apply for renewal, extension, or a new permit before your current status expires, you are granted implied status automatically—you do not need to apply separately.
Example: Implied Status
Scenario: Your work permit expires on June 15, 2025.
- May 1 (before expiry): You apply to extend your work permit
- June 15: Your permit technically expires, but you have implied status
- August 1 (47 days later): IRCC approves your extension
- Result: You had lawful status from May 1 through August 1, even though the original permit expired on June 15
Note: If your application is refused, implied status ends immediately on the date of the refusal.
Requirements for Implied Status
To have implied status, you must:
Apply for a work or study permit renewal, extension, or new permit BEFORE your current permit expires
Have been a temporary resident (work or study permit holder) at the time of application
Meet the basic eligibility criteria for the new or extended permit
When Implied Status Ends
Implied status ends on the earliest of:
- When IRCC approves your application (your new permit begins)
- When IRCC refuses your application
- When you leave Canada
- If you no longer meet eligibility requirements (for example, you stop being a full-time student)
Implied Status Doesn't Apply to All Situations
Implied status applies to work and study permits but not to other applications (such as permanent residence applications). If you are applying for permanent residence and your work permit expires before the PR application is finalized, you do not have implied status. In this situation, you may lose your work authorization unless you also apply for a work permit extension.
Bridging Open Work Permits
A bridging open work permit is a temporary work authorization issued while you are waiting for a decision on an application for permanent residence. This permit allows you to continue working without an employer-specific restriction during the PR process.
What Is a Bridging Open Work Permit?
A bridging open work permit (also called a "bridge open work permit" or BOWP) authorizes you to work for any employer in Canada while your permanent residence application is being processed. This is valuable because:
You are not restricted to a specific employer (like your current work permit may be)
If your current work permit expires while your PR application is pending, the bridging permit continues your authorization to work
You can change employers without restriction
Eligibility for a Bridging Permit
To be eligible for a bridging open work permit:
- You must have a valid work permit or study permit at the time you apply
- You must be a temporary resident in Canada
- You must have a pending application for permanent residence (Express Entry, Family Class sponsorship, or other PR program)
- Your current permit must be expiring soon or already expired
How to Apply for a Bridging Permit
The process depends on whether you applied for PR through Express Entry or through another program:
Express Entry Applicants
If you are in the Express Entry system (and have an Invitation to Apply), you can apply for a bridging open work permit directly through your online account. The application is free.
Other PR Applicants
If you applied for PR through a different program (Family Class, Provincial Nominee Program, etc.), submit a separate bridging open work permit application to IRCC along with:
- Your current work or study permit
- Proof of your pending PR application (receipt confirmation, application number, etc.)
- A letter explaining why you need the bridging permit (your current permit is expiring)
When a Bridging Permit Expires
A bridging permit expires on the earliest of:
- When your permanent residence application is approved (you no longer need it)
- When your permanent residence application is refused
- The date specified on the bridging permit itself
- If you cease to be a temporary resident (for example, you are removed from Canada)
Alternatives if You Don't Get a Bridging Permit
If your bridging permit application is refused or you are ineligible, you may still have options:
Implied status: If you applied for a work permit extension before your current permit expires, you may have implied status while waiting for a PR decision
Restricted work permit: If you have an employer willing to support you, you may apply for a new work permit with that employer
Restoration of status: If your permit expires and you cannot work, you may need to apply for restoration of work authorization once your PR decision is made
Key References
Immigration and Refugee Protection Act (IRPA), Section 179
Legal basis for implied status—provides that temporary residents granted a notice of a decision on an application may retain status pending finalization
Immigration and Refugee Protection Regulations (IRPR)
Detailed regulations governing temporary resident status, work and study permits, and conditions
IRCC - Restore Status After It Expires
Official IRCC guidance on status restoration applications and the 90-day rule
IRCC - Bridging Open Work Permits
Official IRCC instructions for applying for a bridging open work permit while awaiting PR decision
IRCC - Implied Status
Guidance on when you retain status while waiting for a decision on your extension or permit application
Disclaimer: This guide provides general informational content only and does not constitute legal advice. For guidance on your specific situation regarding status restoration, consult with a licensed immigration lawyer or designated immigration consultant.
When Should You Consult an Immigration Professional?
This platform is designed to help individuals understand their immigration rights, gather documentation, and navigate processes independently. Many routine applications and renewals can be handled without professional assistance.
The most effective time to engage an immigration lawyer or licensed RCIC is when facing a refusal, removal order, or complex application. A professional can review your complete file and provide strategic advice before you file an appeal or respond to enforcement action.
By gathering documentation and understanding the relevant statutes first, consultations become focused strategic reviews rather than costly fact-gathering sessions.
Read our full guide: Working with an Immigration Professional →
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Cite This Page
MyImmigrantRights.ca. "Restoring Your Immigration Status." Accessed April 3, 2026. https://myimmigrantrights.ca/guides/status-restoration
Written by the MyImmigrantRights.ca team, based on comprehensive research of Canadian immigration law, IRPA, the Citizenship Act, and IRCC policy guidance.