Immigration, Refugees and Citizenship Canada (IRCC) updated its instructions for temporary resident status restoration on May 1, 2026. The key change clarifies that applicants can now restore their temporary resident status without necessarily restoring their previous work or study authorization.
This update provides more flexibility for foreign nationals who have lost their status in Canada. You can now choose to restore your status as a visitor even if you previously held a work or study permit.
What the May 2026 Update Changes
The updated restoration instructions now make it clear that you have options when applying to restore your temporary resident status. Previously, there was confusion about whether you needed to restore both your status and your authorization together.
Under the new clarification, if you were previously authorized to work or study in Canada, you can choose one of two paths. You can apply to restore both your temporary resident status and your work or study authorization if you still need that authorization. Alternatively, you can apply to restore only your temporary resident status as a visitor if you no longer qualify for or require work or study authorization.
This change gives you more control over your immigration situation. If your circumstances have changed and you no longer need to work or study in Canada, you don't have to jump through the hoops of restoring authorizations you won't use. You can simply restore your status as a visitor and maintain your legal presence in Canada.
The update follows section 182 of the Immigration and Refugee Protection Regulations (IRPR) and maintains all existing eligibility requirements. The change is procedural rather than substantive, meaning the basic rules for who can apply and when they can apply remain the same.
Eligibility Requirements You Must Meet
To apply for restoration of temporary resident status, you must be physically in Canada without legal status when you submit your application. This is a fundamental requirement that cannot be waived.
You have exactly 90 days from the date you lost your status to submit your restoration application. This deadline is strict and starts counting from when your authorized stay period ended, including any maintained status period. If you miss this 90-day window, you cannot apply for restoration and will need to leave Canada and apply for a new temporary resident visa from outside the country.
You must meet all requirements for your intended stay in Canada, whether as a visitor, worker, or student. If you're applying to restore status as a visitor, you must demonstrate you have sufficient funds to support yourself and that you will leave Canada at the end of your authorized stay period.
You must remain in Canada throughout the entire processing period until IRCC makes a decision on your application. If you leave Canada while your restoration application is being processed, IRCC will automatically refuse your application and will not refund your processing fees.
You cannot have failed to comply with any conditions imposed by regulation or by an immigration officer, except for specific allowable violations. The allowable violations include exceeding your authorized stay period, not complying with work-related conditions about the type of work, employer, or location of work, and not complying with study-related conditions about your designated learning institution, location of studies, or study periods.
Important exclusions apply to this program. Temporary resident permit (TRP) holders are not eligible for status restoration at all. If your TRP has expired, you must apply for a new TRP rather than restoration. You also cannot be subject to a declaration under subsection A22.1(1) of the Immigration and Refugee Protection Act.
Different Scenarios for Students and Workers
If you previously held a study permit and lost your status, you have several restoration options. You can apply to restore both your temporary resident status and your authorization to study if you want to continue your education. You can also submit a work permit application along with your restoration and study permit applications, though the work permit will only be processed after decisions are made on the other two applications.
Students who want to apply for a post-graduation work permit (PGWP) should note that restoration applications can affect PGWP eligibility timelines. The 180-day application deadline for PGWP starts from when you complete your program, regardless of your status situation.
If you held a study permit but violated study-related conditions under regulation R185(c), you may still be eligible for restoration. However, if you engaged in unauthorized study activities or failed to comply with conditions under R220.1(1), you become ineligible for restoration entirely.
Former work permit holders face similar options and restrictions. You can apply to restore your temporary resident status and work authorization if you want to continue working. You can also apply for a study permit alongside your restoration application, but the study permit will only be assessed after decisions on restoration and work permit applications.
Work permit holders who violated employment conditions under R185(b)(i)-(iii) may be eligible for restoration. These include violations related to the type of work, employer, or work location. However, if you violated other employment conditions under R185(b)(iv)-(v) or worked without authorization, you become ineligible for restoration.
Visitors who have lost their status can apply to restore their temporary resident status. If you're eligible to apply for work or study permits from within Canada under regulations R199 or R215, you can include these applications with your restoration request. You must pay all applicable fees unless you qualify for an exemption.
You cannot work or study while your restoration application is being processed. Your work and study authorizations remain invalid until IRCC approves your restoration and issues new permits where applicable. Working or studying during this period could result in application refusal and future immigration consequences.
Fees and Processing Times
You must pay all applicable fees when submitting your restoration application. Every applicant must pay the restoration fee regardless of their previous status or what they're applying to restore. If you're applying for new work or study permits along with restoration, you must pay those fees in addition to the restoration fee unless you qualify for a fee exemption.
For example, if you previously held a study permit and want to restore both your status and study authorization, you pay both the restoration fee and the study permit fee. If you also want to apply for a work permit, you add that fee to your payment as well.
The current service standard for restoration applications is five months from the date IRCC receives a complete application. This timeline applies to all types of restoration applications regardless of complexity.
Processing times can vary based on application volume and individual circumstances. Applications that require additional documentation or verification may take longer than the standard processing time. IRCC processes restoration applications in the order they receive complete applications.
If IRCC returns your application as incomplete under section R12, you don't get an extension of your authorized stay period. The 90-day deadline to apply for restoration continues counting from when your original status ended, not from when you resubmit a complete application.
You cannot apply for restoration at a port of entry. All restoration applications must be submitted online or by mail to the appropriate IRCC office while you remain in Canada. Border officers cannot process or approve restoration applications.
❓ Frequently Asked Questions
Can I restore my status if I only overstayed by a few days?
Yes, as long as you apply within 90 days of losing your status and meet all other eligibility requirements. The length of your overstay doesn't matter as long as it's within the 90-day restoration window.
What happens if I leave Canada while my restoration application is being processed?
IRCC will automatically refuse your application and will not refund your processing fees. You must remain in Canada throughout the entire processing period.
Can I work or study while waiting for my restoration decision?
No, you cannot work or study until IRCC approves your restoration and issues new permits where applicable. Working or studying without authorization could result in application refusal.
Do I need to restore my work permit if I just want to stay as a visitor?
No, the May 2026 update clarifies that you can choose to restore only your temporary resident status as a visitor without restoring your previous work or study authorization.
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