Restoration of Temporary Resident Status: What IRCC’s Updated Guidance Means for Applicants

This update does not change the essence of the restoration process. Foreign nationals still have 90 days from the date they lost temporary resident status to apply for restoration. They must also remain in Canada while the application is being processed. They cannot continue working or studying until restoration is approved and, where applicable, a new work or study permit has been issued. 

The updated guidance goes further though, and adds more nuance around who can apply for restoration of status, what they can restore to, and when someone may be ineligible. It also removes some internal processing detail that appeared in the previous version of the page. 

In this article, we’ll explain what changed and what applicants should take away from the update. 

The Biggest Change: Restoration as a Visitor is Now Clearer

One of the most important updates is the way IRCC now explains restoration for people who were previously authorized to work or study.

The previous guidance said that an applicant could only restore their status and authorization to the one they held immediately before applying for restoration. In other words, if someone lost status as a worker, they would need to restore their status as a worker. If someone lost status as a student, they would need to restore it as a student, and so on.

That wording was not as clear as it needed to be. In practice, a worker or student could restore their status as a visitor, even though the previous wording appeared to suggest otherwise.

The updated guidance makes this clearer. A worker who loses status but no longer has a qualifying job offer may apply to restore their temporary resident status as a visitor. Similarly, a student who no longer plans to continue studying may be able to restore their status as a visitor instead of applying for a new study permit.

This removes the blanket statement from the previous guidance and puts into writing what was already allowed in practice.

Other Subtle Updates to the Restoration of Status Guidance

While the clarification around restoring as a visitor is the most important update, IRCC also made several smaller changes that are worth noting. These may not change the essence of the restoration process, but they help clarify how restoration works in practice.

Maintained Status

The updated guidance gives more detail on how restoration interacts with maintained status.

Maintained status can apply when a foreign national submits an application to extend their stay before their current status expires and remains in Canada while IRCC processes the application. If that application is later refused, the person’s temporary resident status ends when the refusal is issued.

It gets more complicated when an application is rejected as incomplete.

The updated guidance offers a better explanation of this situation. If an application is rejected as incomplete, the applicant does not benefit from maintained status. The old guidance already stated this, but the new guidance goes further by explaining the practical consequence: in that situation, the 90-day restoration period starts when the person’s original period of authorized stay ended.

Clarification on Port of Entry Applications

The updated guidance states that restoration of status cannot be applied for or granted at a port of entry.

The previous wording only said that restoration could not be granted at a port of entry. The new wording is clearer and more direct: restoration is an in-Canada application process. A foreign national who has lost temporary resident status cannot go to the border to apply for restoration.

Processing Details

The updated page removes several internal processing details that appeared in the previous version of the guidance.

The earlier version included sections on the Case Processing Centre in Edmonton and the Domestic Network office process. These sections explained how officers would review restoration applications, check documents and fees, issue medical instructions, approve or refuse applications, consider possible enforcement action, and refer files for further assessment where needed.

Those sections no longer appear in the updated guidance. The new version is more focused on applicant eligibility, the 90-day deadline, restoration fees, and situations where someone may or may not qualify.

This does not necessarily mean the internal process has changed. But it does mean the public guidance now gives applicants less detail about how restoration applications are handled behind the scenes.

Payment of Fees Within the 90-Day Period

The updated guidance states that foreign nationals have 90 days from the date they lose temporary resident status to apply for restoration and pay the corresponding fee.

This subtle update was perhaps needed due to applicant oversight in the past.

Applicants should not treat the restoration fee as something that can be corrected later. A restoration application should be submitted with the correct fees from the start.

If the applicant is also applying for a work or study permit, they generally need to pay the applicable permit fee in addition to the restoration fee, unless they are exempt.

Reminder: Who Is Eligible to Restore Temporary Resident Status?

To apply for restoration of temporary resident status, a foreign national must generally:

• be in Canada when they apply;
• be out of status when they submit the restoration application;
• apply within 90 days of losing temporary resident status;
• pay the restoration fee and, if needed, any work or study permit fees;
• stay in Canada until IRCC makes a decision; and
• meet the requirements for the status they are asking for, whether as a visitor, worker, or student.

Restoration of status is only available in certain situations. It is generally meant for people who lost status because they failed to comply with specific conditions attached to their stay, work, or study authorization.

For example, a person may be eligible for restoration if the issue relates to:

• the period they were authorized to stay in Canada;
• the type of work they were allowed to do;
• the employer they were allowed to work for;
• the location where they were allowed to work;
• the type of studies or course they were allowed to complete;
• their designated learning institution;
• the location of their studies; or
• the times and periods of their studies.

Restoration is not available for every type of status problem. The updated guidance makes clear that a person may be ineligible for status restoration if they worked or studied without authorization. Temporary resident permit holders are also not eligible for restoration and must apply for a new TRP instead.

Sign up for the Moving2Canada newsletter to receive important IRCC processing updates directly to your email folder.