Out of Status in Canada How to Legally Restore Your Status Within 90 Days and FAQs

Kanwarjit Singh Lall
16 hours ago
3 min read

Being out of status in Canada can cause significant stress for international students and foreign workers. Losing your legal status means you no longer have the right to study, work, or stay in Canada legally. Fortunately, Canadian immigration law allows individuals who have lost their status to apply for restoration within 90 days. This blog post explains how to apply for restoration of status legally and what steps you should take to protect your stay in Canada.

What Does Being Out of Status Mean?

When your study permit, work permit, or visitor status expires and you do not renew it or leave Canada, you become out of status. This means you are no longer legally allowed to stay in Canada. Being out of status can happen if:

You miss the expiry date on your permit.
You fail to apply for an extension on time.
You violate the conditions of your permit.

Once out of status, you lose the right to work or study, and you risk removal from Canada if you do not act quickly.

How to Apply for Restoration of Status

If you realize you are out of status, you have 90 days from the date your status expired to apply for restoration. Here are the steps to follow:

1. Gather Required Documents

You will need:

A completed application form for restoration of status (IMM 5708 for students, IMM 5710 for workers).
A letter explaining why you lost your status and why you want to restore it.
Proof of financial support.
A valid passport.
Copies of your expired permit and any other immigration documents.
Payment for the restoration fee and permit processing fee.

2. Write a Clear Explanation Letter

Explain honestly why you lost your status. For example, if you missed the expiry date because of illness or confusion about the process, state that clearly. Immigration officers want to see that you understand the rules and are committed to following them.

3. Submit Your Application Online

You must apply online through the official Immigration, Refugees and Citizenship Canada (IRCC) website. Paper applications are generally not accepted for restoration.

4. Wait for a Decision

While your restoration application is being processed, you can stay in Canada legally but cannot work or study until your status is restored. Processing times vary but typically take several weeks.

5. Follow Up with an Immigration Consultant Near Me

If you are unsure about the process or your application, consider contacting an immigration consultant near me. They can help you prepare your documents correctly and increase your chances of approval.

Important Tips to Remember

Do not wait until after 90 days to apply. After 90 days, you must leave Canada and apply from outside.
Keep copies of all your applications and correspondence with IRCC.
Avoid working or studying without valid status, as this can hurt your chances of restoration.
If your restoration is refused, you may have to leave Canada immediately.

What Happens If You Miss the 90-Day Deadline?

If you apply after 90 days, IRCC will refuse your restoration application. You will be considered out of status without legal grounds to stay. At this point, you must leave Canada and apply for a new permit from your home country or another country where you have legal status.

How an Immigration Consultant Near Me Can Help

Navigating immigration rules can be confusing. An immigration consultant near me can:

Review your case and advise if you qualify for restoration.
Help you complete forms accurately.
Write a strong explanation letter.
Communicate with IRCC on your behalf.
Provide guidance if your application is refused.

Using a consultant can reduce errors and improve your chances of success.

FAQs About Restoration of Status in Canada

Can I work or study while waiting for my restoration application decision?

No. You must stop working or studying once you lose your status. You can only resume after IRCC approves your restoration.

How much does it cost to apply for restoration?

The restoration fee is CAD 246.25, plus the regular permit processing fee (e.g., CAD 150 for a study permit). Fees are subject to change, so check the IRCC website.

What if my restoration application is refused?

You must leave Canada immediately. You can apply for a new permit from outside Canada, but refusal may affect your future applications.

Can I apply for restoration more than once?

Yes, but each case is reviewed individually. Repeated loss of status may lead to refusal.

How long does restoration processing take?

Processing times vary but expect at least 3 to 4months. Check IRCC’s website for current times.

Admire Immigration Services Inc.

6330 Fraser St Unit 307 3rd Floor, Vancouver, BC V5W 3A3. Phone/Whatsapp: +1-778-925-3008

Payal Business Centre, 8148 128 St Unit 385, Surrey, BC V3W 1R1. Phone/Whatsapp: +1-778-683-3008

Regulated Canadian Immigration Consultant (RCIC) - Helping you navigate the 2026 reforms.