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🇨🇦 IRPR Section 182 & Current IRCC Restoration Framework

Canada Temporary Resident Status Restoration Guide 2026

Understand the normal 90-day restoration rule, current restoration fees, work and study restrictions, maintained status, refusal scenarios and 2026 exceptions.

1. What Is Temporary Resident Status Restoration?

Restoration is the Canadian immigration process that may allow a visitor, student or worker who has lost temporary resident status to ask IRCC to restore that status from inside Canada. The normal framework is found in section 182 of the Immigration and Refugee Protection Regulations (IRPR) and current IRCC instructions. Restoration is discretionary: meeting the basic timing and eligibility conditions does not guarantee approval.

Key Policy Highlights & Benchmarks

  • The normal restoration period is 90 days from the date the person lost temporary resident status.
  • Restoration can apply to a visitor, student or worker depending on the person's circumstances and the permit/status being requested.
  • The applicant must explain the facts and circumstances that caused the loss of status.
  • The applicant must continue to meet the requirements for the requested temporary status or permit.
  • A person applying for restoration generally cannot work or study until restoration and the associated work or study permit have been approved.
  • Restoration is an in-Canada remedy; a person who leaves Canada cannot simply expect restoration to continue as though they remained in Canada.

Mandatory Action Checklist

✓Determine the exact date temporary resident status was lost.
✓Check whether the normal 90-day period applies or a current special exception applies.
✓Stop unauthorized work or study immediately if status has expired.
✓Prepare the explanation of the non-compliance and supporting evidence.
✓Calculate the correct restoration and permit fees.
✓Submit the complete restoration application and supporting permit application where applicable.

2. When Do You Lose Temporary Resident Status?

The relevant date for restoration is the date the person actually loses temporary resident status. IRCC currently warns that a work permit's 'Must leave Canada by' date can control status expiry even if it differs from the printed permit expiry date. Status can also be lost because the person failed to respect permit conditions or an extension/change application was refused.

Key Policy Highlights & Benchmarks

  • A refusal letter is not itself a universal substitute for determining the legal date status was lost.
  • Restoration timing should be calculated from the actual loss of status.
  • IRCC's current online systems use UTC for online submission deadlines, so applicants near the 90-day deadline should not rely only on local midnight.
SituationRestoration Trigger
Permit/status expires before an extension application is submittedStatus is generally lost when the authorized period ends
Work permit contains a later 'Must leave Canada by' dateIRCC says status expires on that 'Must leave Canada by' date even if it differs from the work-permit expiry date
Worker changes employer, location or type of work without the required new authorizationThis can be a non-compliance event and may create a restoration issue
Student changes specified study conditions without required authorizationThis can create a restoration issue
Previously submitted extension application is refusedThe relevant restoration analysis starts from the date temporary resident status is actually lost following the decision

3. Normal 90-Day Restoration Rule

Under the ordinary rule, a person who lost temporary resident status may apply to restore it within 90 days. The application must be received within the applicable period. Online applications must be submitted before midnight UTC on the relevant deadline; paper applications are date-stamped when IRCC receives them under the current instructions.

Application MethodCurrent Deadline Rule
Online restoration applicationSubmit before midnight UTC no more than 90 days after status expired
Paper restoration applicationIRCC uses the date the application is received at the processing centre under the current paper-application rules
More than 90 days with no applicable exceptionOrdinary restoration is no longer available; the person generally must leave Canada and apply through an appropriate outside-Canada route

Scenario Examples

If status is lost on March 1 and no special exception applies, the applicant must submit the restoration application within the 90-day period rather than waiting until the last possible local-calendar day.
For an online application near the deadline, use UTC rather than assuming the local time zone controls the submission cutoff.

4. 2026 Special Exception: Natural-Disaster Restoration

From April 1, 2026 to November 30, 2028, IRCC has special measures for temporary students, workers and visitors directly affected by qualifying natural disasters in Canada. An eligible person can have up to 6 months to apply to restore temporary resident status instead of the ordinary 90 days.

Key Policy Highlights & Benchmarks

  • The person must have been directly affected by a qualifying natural disaster in Canada during the stated special-measures period.
  • The person must have had valid temporary resident status on the date they were directly affected.
  • Eligible affected persons can have up to 6 months to submit the restoration application.
  • Standard restoration fees still apply.
  • This special measure does not apply simply because someone lives in an area where a disaster occurred; the published eligibility conditions must be satisfied.

Mandatory Action Checklist

✓Document how the natural disaster directly affected your ability to maintain immigration status or comply with the normal deadline.
✓Verify the disaster and application circumstances against IRCC's current special-measures guidance.
✓Use the special-measures instructions when completing the restoration application.
✓Keep evidence supporting the disaster-related circumstances.

5. Other Current Restoration Exceptions

The normal restoration rules can also be modified for specific immigration programs or public policies. A restoration guide should therefore check the applicant's program before declaring the 90-day period absolute.

SituationPossible Special Treatment
Foreign worker with a qualifying support letter from a participating province or territory under an applicable federal measureCertain current public-policy arrangements can exempt eligible workers from the ordinary 90-day and prior-condition requirements
Eligible out-of-status home-care workers in current federal caregiver measuresSpecific public policies can exempt eligible applicants and certain family members from some ordinary restoration conditions
Temporary resident directly affected by a qualifying natural disaster during the 2026-2028 special-measures periodUp to 6 months to restore temporary status instead of 90 days, if all special-measure conditions are met
Other targeted public policiesCheck the exact current policy, application period and eligibility conditions

6. Maintained Status vs Restoration

Maintained status and restoration are different legal situations. Maintained status generally applies when an eligible temporary resident submits a complete extension or change application before the current status expires. Restoration applies after status has already been lost.

Key Policy Highlights & Benchmarks

  • Maintained status does not arise after status has already expired.
  • A complete application submitted before expiry is important for maintained-status protection.
  • If an application is rejected as incomplete, IRCC says it is considered never to have been submitted; a later application after expiry can therefore require restoration.
  • Maintained status generally preserves the previous conditions rather than converting an employer-specific permit into an open work permit.
SituationApplication TimingWork / Study Position
Maintained statusEligible application submitted before status expiresMay generally continue the same authorized activity under the previous conditions while the application is processed
Restoration as workerApplication submitted after loss of status, normally within 90 daysMust stop working until restoration and the new work permit are approved
Restoration as studentApplication submitted after loss of status, normally within 90 daysMust stop studying until restoration and the new study permit are approved
Restoration as visitorApplication submitted after loss of status, normally within 90 daysMay remain in Canada only while the restoration application is decided; no work or study is authorized without separate authorization

7. Work and Study During Restoration

A person whose status has expired and who is applying for restoration must generally stop working and studying until restoration and the associated work or study permit are approved. This is different from maintained status, which can permit continuation of activities under the previous conditions when the qualifying application was submitted before expiry.

Key Policy Highlights & Benchmarks

  • A worker cannot keep working merely because a restoration application is pending.
  • A student cannot keep studying merely because a restoration application is pending.
  • IRCC may process the new work or study permit only after an officer makes the restoration decision where restoration is required.
  • A visitor seeking restoration can, in eligible situations, submit a work or study permit application at the same time, but the permit application is only processed after the restoration decision.
  • Unauthorized work or study can create additional immigration consequences and should not be treated as ordinary maintained status.

8. Current 2026 Restoration Fees

IRCC increased restoration-related fees on December 1, 2025. The current restoration fee is $246.25, with the relevant permit-processing fee added when the person is also applying for a new work or study permit.

Key Policy Highlights & Benchmarks

  • The restoration fee itself is $246.25, not $200.
  • A new work or study permit has its own application fee in addition to restoration.
  • An eligible open-work-permit application can also attract the $100 open-work-permit holder fee.
  • Biometrics can be an additional cost when required.
ApplicationCurrent Government Fee
Restore status as visitor$246.25
Restore status as worker + new work permit$246.25 + $155 = $401.25
Restore status as student + new study permit$246.25 + $150 = $396.25
Restoration + open work permit where applicable$246.25 + $155 + $100 open-work-permit holder fee = $501.25
Biometrics when requiredAdditional $85 individual or applicable family maximum

Scenario Examples

Worker restoring status and applying for a new work permit: $246.25 + $155 = $401.25 before biometrics or other applicable charges.
Student restoring status and applying for a new study permit: $246.25 + $150 = $396.25 before biometrics or other applicable charges.
Visitor restoring status only: $246.25.

9. Application Forms and Online Process

IRCC now directs most applicants to apply online, where the system generates a personalized document checklist. The exact form depends on whether the applicant is restoring visitor, student or worker status.

Restoration ObjectiveTypical Form / Application
Visitor statusIMM 5708 - Application to Change Conditions, Extend my Stay or Remain in Canada as a Visitor or Temporary Resident Permit Holder
Student statusIMM 5709 - Application to Change Conditions, Extend my Stay or Remain in Canada as a Student
Worker statusIMM 5710 - Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker

Important Guidelines & Notes

  • IRCC says most people must apply online, although paper applications can be available where the person cannot apply online because of a disability or an online-application problem.
  • The personalized online checklist can contain additional evidence beyond the named base form.

Mandatory Action Checklist

✓Use IRCC's online application flow where required or available.
✓Select the restoration option rather than ordinary extension if status has already expired.
✓Provide a complete explanation of the circumstances that caused the loss of status.
✓Upload the documents generated by the personalized checklist.
✓Pay the current restoration fee and any permit fees.
✓Submit before the applicable deadline.

10. Refusal, Incomplete Applications and Restoration

The timing analysis after a refusal depends on when temporary resident status was actually lost. A person who applied before expiry may have had maintained status while the extension/change application was pending; if that application is refused, the applicant should immediately determine whether status has ended and whether restoration is required.

Key Policy Highlights & Benchmarks

  • Do not automatically use the refusal-letter date as the restoration trigger without confirming the actual status position.
  • If a complete extension application was submitted before expiry, maintained status can protect the person while IRCC makes the decision.
  • If the application is rejected as incomplete, IRCC states that it is treated as never having been submitted; a later application after expiry can therefore require restoration.
  • A restoration application is discretionary and is not guaranteed to succeed.
  • A refusal of restoration means the person must leave Canada and pursue any further immigration option that is legally available.

11. Leaving Canada While Restoration Is Pending

Restoration is an in-Canada remedy. A person who leaves Canada while out of status and seeking restoration should not assume that the pending restoration application will preserve a right to re-enter or that restoration can be granted while they are outside Canada. IRCC states that applications to restore status must be made from within Canada and that a person who leaves Canada is seeking a new entry.

Key Policy Highlights & Benchmarks

  • Leaving Canada does not turn a restoration application into a new entry document.
  • Restoration cannot be granted at a port of entry.
  • The person may need to apply for a new temporary resident visa, permit or other authorization from outside Canada before returning, depending on nationality and circumstances.
  • Re-entry is not guaranteed even when a previous permit was valid before status was lost.
  • Travel plans should therefore be reviewed before leaving Canada during a pending restoration matter.

12. After 90 Days If No Exception Applies

When the ordinary 90-day period has passed and no applicable public policy or special measure applies, IRCC says the person must leave Canada and reapply from outside Canada for the status or permit they need. There is no ordinary mechanism for extending the 90-day restoration window merely because the applicant had a good reason, although specific public policies can create exceptions.

Mandatory Action Checklist

✓Determine whether any current public policy or special measure applies before assuming the deadline is final.
✓If no exception applies, leave Canada in compliance with the immigration requirements.
✓From outside Canada, identify the appropriate temporary-residence application.
✓Check whether a temporary resident visa is required for return.
✓If a work or study permit is needed, satisfy the outside-Canada permit requirements.
✓Keep records explaining the previous loss of status and subsequent departure.

13. Common Restoration Mistakes

Mandatory Action Checklist

✓Using $200 as the 2026 restoration fee.
✓Assuming the 90-day period has absolutely no exceptions.
✓Ignoring the 2026 six-month natural-disaster special measure.
✓Calculating the deadline from the wrong document date instead of the actual loss of status.
✓Assuming a refusal letter's date automatically controls every case.
✓Calling a restoration applicant a visitor while a work or study restoration application is pending.
✓Working or studying while restoration is pending.
✓Assuming maintained status continues after status has actually expired.
✓Assuming an application that is rejected as incomplete automatically preserves status.
✓Claiming that leaving Canada always 'cancels' a restoration application without explaining the in-Canada remedy issue.
✓Using the $150 or $155 permit fee as the restoration fee.
✓Ignoring biometrics or open-work-permit fees where applicable.

14. Quick Restoration Decision Guide

SituationLikely Rule to Check
Applied to extend before status expiredCheck maintained-status rules; restoration may not be necessary
Status expired and less than 90 days have passedCheck ordinary restoration eligibility under section 182
Status expired and person was directly affected by a qualifying natural disaster during the 2026-2028 measureCheck whether the six-month special restoration period applies
Status expired more than 90 days ago with no exceptionOrdinary restoration is no longer available; departure and an outside-Canada application may be required
Worker needs a new work permitCurrent restoration fee $246.25 + $155 work-permit fee, before other applicable fees
Student needs a new study permitCurrent restoration fee $246.25 + $150 study-permit fee, before other applicable fees
Worker or student lost status because of permit-condition changesCheck section 182 restoration eligibility and explain the non-compliance fully
Person has already left CanadaRestoration is not a substitute for a new-entry application; assess the appropriate outside-Canada route

15. Final Restoration Checklist

Mandatory Action Checklist

✓Confirm the exact date temporary resident status was lost.
✓Check the permit's 'must leave Canada by' date where applicable.
✓Check whether maintained status protected the person after an earlier application.
✓Check the normal 90-day restoration period.
✓Check 2026 special measures or targeted public policies for an exception.
✓Stop unauthorized work or study.
✓Choose restoration as visitor, student or worker.
✓Prepare the required explanation and supporting evidence.
✓Calculate $246.25 restoration fee plus any new permit and biometrics fees.
✓Submit through the current IRCC application route.
✓Do not leave Canada without understanding the effect on the restoration strategy.
✓If restoration is refused or unavailable, determine the lawful outside-Canada route.
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Frequently Asked Questions (FAQs)

Normally, you must submit a restoration application within 90 days of losing temporary resident status. The 90-day period is not absolute in every 2026 case because specific public policies can create exceptions, including a current natural-disaster measure that can allow up to 6 months for qualifying affected students, workers and visitors.

The current restoration fee is $246.25. If you are restoring as a worker and applying for a new work permit, the total is $401.25 before biometrics or other applicable fees. For a student restoring and applying for a new study permit, the total is $396.25.

Generally no. IRCC states that you may not work or study until the restoration application and associated work or study permit application have been approved. This is different from maintained status, which can allow continued activity under the previous conditions when the extension/change application was submitted before status expired.

If no special measure or program-specific exception applies, ordinary restoration is no longer available and IRCC says you must leave Canada and reapply from outside Canada for the temporary status or permit you need.

No. Maintained status generally applies when an eligible extension or change application was submitted before the existing status expired. Restoration applies after status has already been lost. A person under restoration generally cannot work or study until restoration and the new permit are approved.

You should treat departure as a major immigration change because restoration is an in-Canada remedy. IRCC states that applications to restore status must be made from within Canada, and a person who leaves Canada is seeking a new entry. Before travelling, determine whether you will instead need a new temporary-residence application from outside Canada.
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2026 Restoration Metrics

Governing RegulationIRPR section 182
Normal Restoration Period90 days after loss of temporary resident status
Current Restoration Fee$246.25 CAD
Work / Study While RestoringGenerally prohibited until restoration and new permit are approved
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