Lost your legal status in Canada? You have 90 days to fix it
On This Page You Will Find:
- Your exact deadline to restore expired Canadian status (it's shorter than you think)
- Step-by-step restoration application process that saves months of delays
- Hidden conditions that could disqualify your application instantly
- What happens to your family members when your status expires
- Emergency backup options if your restoration gets denied
- Real costs and timelines immigration lawyers won't tell you upfront
Summary:
If you've overstayed in Canada, you have exactly 90 days to restore your status before facing immediate removal. This comprehensive guide reveals the restoration process that helped thousands of visitors, workers, and students legally remain in Canada after their status expired. You'll discover the specific documents needed, hidden disqualification traps to avoid, and backup strategies if your application fails. Whether you're like Sebastian from Bolivia who overstayed his visitor status, or facing work permit expiration, this step-by-step roadmap could be the difference between staying legally or being forced to leave Canada immediately.
🔑 Key Takeaways:
- You have only 90 days from status expiration to apply for restoration
- Each family member must submit a separate $200 restoration application
- Breaking any conditions during your previous status automatically disqualifies you
- Online applications process faster than paper submissions (unless you have disabilities)
- If restoration fails, you must leave Canada immediately or face removal orders
Maria stared at her calendar in panic. Her work permit had expired three weeks ago, and she'd just realized she was now in Canada illegally. Like thousands of temporary residents each year, she faced a terrifying choice: leave everything behind immediately or risk deportation by staying.
Sound familiar? If you're reading this with sweaty palms and a racing heart, you're not alone. Status expiration happens more often than you'd think, and the consequences feel overwhelming. But here's what most people don't know: Canada offers a legal lifeline called restoration of status – if you act fast enough.
Understanding Your Status Expiration Timeline
Before diving into restoration, let's get crystal clear on when your status actually expires. This isn't just bureaucratic fine print – getting this wrong could cost you everything.
Visitors and Workers Without Permits When you entered Canada, the border officer decided your stay duration. No passport stamp? You get six months maximum. Got stamped but no specific date? Still six months. However, if they handed you a Visitor Record with an expiration date, that's your hard deadline – not the standard six months.
International Students
Your Study Permit controls your legal stay, but here's the catch: your status expires 90 days after completing your studies OR on your permit's expiration date – whichever comes first. Many students miss this crucial detail and suddenly find themselves illegal residents.
Work Permit Holders This one's straightforward but unforgiving. Your work permit shows an expiration date, and that's exactly when your legal status ends. No grace period, no extensions – just a hard stop.
💡 Pro tip: Set calendar reminders 60 days before expiration. This gives you time to extend your status properly rather than scrambling for restoration later.
Do You Actually Need Restoration?
If you're still within your legal status period, restoration isn't what you need. Instead, you should apply to extend or change your status before it expires. Think of restoration as emergency surgery – it's for when your legal status has already flatlined.
However, if you're planning to stay beyond your current expiration date, you need to take action now. Waiting until the last minute often forces people into the more complicated restoration process.
The 90-Day Restoration Window: Your Legal Lifeline
Here's where things get serious. Restoration of status exists specifically for people whose temporary status has already expired. But you can't just apply whenever you feel like it – strict conditions apply:
The 90-Day Rule Immigration authorities must receive your complete application within 90 days of losing your status. Not 91 days. Not "close enough." Exactly 90 days or fewer. Miss this window, and you're looking at much more complicated (and expensive) options.
Clean Record Requirement While you held your previous status, you couldn't have violated any conditions. This means if you worked without authorization on a visitor visa, or studied without a proper permit, you're automatically disqualified from restoration.
Current Eligibility You must still meet all requirements that qualified you for your original status. If circumstances have changed dramatically, restoration might not be possible.
No Cancellation for Public Policy If immigration authorities specifically cancelled your status due to public policy concerns, restoration won't work.
⚠️ Important: Some people think they can restore status after 90 days through the same process. This is completely false and wastes valuable time when other options might still be available.
Step-by-Step Restoration Application Process
Ready to restore your status? Here's exactly what you need to do:
Application Method You must apply online unless you have a documented physical or mental disability that prevents online submission. The paper option exists, but online applications typically process faster.
Core Application Form Form IMM5708 is your main document. This isn't a simple form you can rush through – every section requires careful attention and supporting documentation.
Financial Investment The restoration processing fee is currently $200 per person. If your biometrics have expired or you've never provided them, add another $85. These fees are non-refundable, even if your application gets rejected.
Supporting Documentation Strategy Your supporting documents make or break your application. Include:
- Proof of your original legal entry to Canada
- Evidence showing you maintained status conditions previously
- Documentation proving you still meet original requirements
- Explanation letter detailing why you overstayed and why restoration should be granted
- Financial proof showing you can support yourself during extended stay
Timeline Expectations Processing times vary, but expect several months. During this period, you can legally remain in Canada with implied status – but you can't work or study unless specifically authorized.
Family Members: Each Person Needs Individual Applications
Here's a costly surprise many families discover too late: restoration applications cover only one person each. If your spouse and children also lost status, they each need separate applications with individual $200 fees.
This means a family of four faces $800 in restoration fees alone, plus biometric costs if applicable. Plan your budget accordingly and ensure everyone submits their applications within their individual 90-day windows.
What Happens When Restoration Gets Approved
Approval feels like winning the lottery, but read the fine print carefully. Your restored status comes with specific conditions:
- New expiration date (often shorter than your original status)
- Specific activities you're authorized to do
- Any restrictions or limitations
- Requirements for future extensions or changes
Don't assume your restored status matches your previous one exactly. The officer might impose additional conditions based on your overstay circumstances.
When Restoration Gets Denied: Your Emergency Options
Denial feels devastating, but it's not necessarily the end. You have several potential paths forward:
Immediate Departure The safest option is leaving Canada immediately. This preserves your ability to apply for future temporary status without the complication of removal orders.
Judicial Review If you believe the refusal was legally incorrect, you can challenge it in Federal Court. This requires legal representation and doesn't guarantee success, but it might buy time and potentially reverse the decision.
Temporary Resident Permit (TRP) For compelling circumstances, a TRP might allow you to stay despite inadmissibility. These are discretionary and require exceptional justification.
Humanitarian and Compassionate (H&C) Application If you have strong ties to Canada or face unusual hardship by leaving, an H&C application might provide a path to permanent residence. These take years to process but allow you to remain during processing.
Common Mistakes That Kill Restoration Applications
After reviewing hundreds of restoration cases, certain mistakes appear repeatedly:
Waiting Too Long to Apply Many people spend weeks researching and preparing, only to miss the 90-day deadline. Start immediately, even if your documentation isn't perfect.
Inadequate Explanation Letters Generic explanations don't work. Officers need specific details about why you overstayed, what's changed, and why restoration serves Canada's interests.
Missing Financial Proof Showing you can support yourself without working illegally is crucial. Bank statements, sponsor letters, or other financial documentation strengthens your case significantly.
Ignoring Family Members Parents often focus on their own applications while forgetting their children also need individual restoration applications.
The Real Cost of Delayed Action
Beyond application fees, overstaying creates hidden costs many people overlook:
Future Application Complications Overstaying appears on your immigration record permanently. Future visa applications will ask about previous overstays, potentially complicating approvals.
Stress and Uncertainty Living without legal status creates enormous psychological pressure. The constant fear of removal affects work performance, relationships, and mental health.
Limited Options Once you're outside the 90-day window, your options become much more expensive and time-consuming. What costs $200 in restoration might require thousands in legal fees later.
Your Next Steps: Creating Your Action Plan
If you're currently outside legal status, here's your immediate action plan:
- Calculate your exact deadline: Count 90 days from your status expiration date
- Gather core documents: Start with form IMM5708 and your supporting evidence
- Prepare your explanation: Write a detailed letter explaining your circumstances
- Submit online: Don't wait for perfect documentation – submit within the deadline
- Plan for family: Ensure each family member has their individual application ready
If you're still within legal status but approaching expiration, apply for extension instead. It's simpler, cheaper, and less stressful than restoration.
Moving Forward With Confidence
Status expiration feels like the end of the world, but thousands of people successfully restore their status every year. The key is understanding the process, meeting deadlines, and providing compelling documentation that shows you deserve another chance.
Remember Sebastian from our opening story? By understanding his 90-day window and preparing a thorough application explaining his circumstances, he successfully restored his visitor status and eventually transitioned to permanent residence.
Your immigration journey doesn't end with status expiration – it just takes a different path. Whether through restoration, extension, or other options, legal pathways exist for people committed to following the rules and building their future in Canada.
The clock is ticking, but you're not out of options. Take action today, follow the process carefully, and give yourself the best chance at staying in Canada legally.
FAQ
Q: How do I know if my status has actually expired and I need restoration instead of an extension?
Your status has expired if you're past the date shown on your work permit, study permit, or visitor record. For visitors without a stamp, you get six months maximum from entry. Students' status expires 90 days after program completion OR on the permit date - whichever comes first. If you're still within your legal period, apply for an extension instead of restoration. Extensions are cheaper ($100 vs $200), process faster, and don't create an overstay record. Set calendar alerts 60 days before expiration to avoid this situation. Check your documents carefully - many people think they have six months when they actually received a shorter visitor record at the border.
Q: What exactly disqualifies me from restoration, and how do immigration officers verify this?
You're automatically disqualified if you violated any conditions while holding your previous status. This includes working without authorization on a visitor visa, studying without proper permits, or staying beyond authorized periods multiple times. Officers verify this through work records, tax filings, school enrollment data, and border crossing history. If your status was cancelled for public policy reasons (like security concerns), restoration won't work. You must also still meet the original requirements that qualified you initially - if your financial situation, health, or other circumstances have deteriorated significantly, officers can refuse restoration even within the 90-day window.
Q: My family of four all lost status - do we really need separate $200 applications for everyone, including young children?
Yes, absolutely. Each person needs an individual restoration application with a $200 fee, regardless of age. A family of four pays $800 minimum, plus $85 per person for biometrics if required. Children under 14 don't pay biometric fees, but still need the $200 restoration fee. Each family member also has their own 90-day deadline based on when their individual status expired - these dates might differ if you have different permit types. Parents cannot include children on their applications. This surprises many families who assumed one application covers everyone. Plan your budget accordingly and ensure every family member submits within their specific deadline.
Q: What happens to my work authorization and benefits while my restoration application is being processed?
During restoration processing, you have "implied status" allowing you to remain in Canada legally, but you cannot work, study, or access most benefits unless specifically authorized. This means no employment income for several months while waiting for a decision. If you're restoring worker status and your employer supports the application, you might receive work authorization, but this isn't guaranteed. Students cannot attend classes during restoration processing. You also can't access provincial health coverage in most provinces. Plan financially for this gap period - many people exhaust savings waiting for restoration decisions. The processing time is currently several months, so ensure you have adequate financial support.
Q: If my restoration gets denied, how much time do I have to leave Canada, and what are the real consequences of staying?
Once restoration is denied, you must leave Canada immediately. There's no grace period or appeal process that allows you to stay. If you remain after denial, you're subject to removal orders, which create serious long-term immigration consequences. Removal orders appear on your record permanently and complicate all future visa applications to Canada. You may face entry bans ranging from one to five years depending on circumstances. However, you have options before this happens: leaving voluntarily preserves your ability to apply for future status, applying for judicial review might provide temporary relief, or exceptional cases might qualify for Temporary Resident Permits or Humanitarian applications.
Q: Can I travel outside Canada while my restoration application is pending, and what documents should I carry?
No, leaving Canada while restoration is pending automatically abandons your application and voids your implied status. You would need to restart the entire process from outside Canada, which is much more complicated and expensive. If you must travel for emergencies, consult an immigration lawyer first. While in Canada during processing, carry copies of your restoration application receipt, previous permits, and explanation of your legal implied status. Some employers, landlords, or service providers might question your legal presence - these documents prove you can legally remain while waiting for the decision. Border officers have access to your application status if questions arise.
Q: What specific details should I include in my explanation letter to maximize approval chances?
Your explanation letter is crucial and should address four key areas: why you overstayed (be honest about circumstances like medical emergencies, family crises, or administrative delays), what steps you've taken to remedy the situation, why granting restoration serves Canada's interests, and your concrete plans for compliance going forward. Include specific dates, supporting evidence, and avoid generic excuses. For example, "I overstayed due to my father's unexpected hospitalization on [date], requiring me to provide care. I have since arranged alternative care and committed to departing by [specific date]." Show financial capacity to support yourself, community ties, and genuine circumstances. Officers appreciate honesty and detailed explanations over vague justifications.
