FIDERA LAW
Canadian immigration law

Visit CanadaExtending and restoring status

Visit Canada · Extending and restoring status

One date decides whether this is a formality or an emergency.

Apply to extend before your status expires and you stay lawful while the decision is made. Let it expire and you are into restoration, which for almost everyone runs ninety days, gives you no status in the meantime, and does not let you work or study. One published class of foreign worker is exempt from the ninety days. Nothing arrives to remind you which side of the date you are on.

One date, two completely different situations

Nothing in this branch rewards waiting. The difference between an administrative formality and a ninety day emergency is whether you file before your status expires, and nothing arrives to remind you.

Extending against restoring at 19 August 2026
You apply before expiryYou apply after expiry
What it is calledAn extension, giving you a visitor recordRestoration of status
DeadlineBefore your status expires, and ideally thirty days beforeNinety days from losing status for almost everyone, and the application must be received inside that window. A foreign worker holding a letter of support from a participating province or territory is exempt from the ninety days
Do you keep status while waitingYes. Maintained status continues your status under the same conditions until the decisionNo. You may stay while it is decided and you have no status in the meantime
Can you work or study while waitingOnly under the conditions you already held. A worker who applies for a visitor record must stop workingNo, not until the restoration and any permit are approved
Fee$100$246.25 as a visitor, $396.25 with a study permit, $401.25 with a work permit
If it is refusedYou may stay only until your status expires, which on maintained status means departure is due on the refusalYou must leave Canada

A visitor record is not a visa and gives no right to re-enter Canada. If your visa has expired and you intend to leave and return, you need a new visa. Filing an extension after your status has expired is not open to you, the fee is not refunded, and the restoration fee is then payable as well.

Two traps inside maintained status. An application rejected as incomplete is treated as never submitted, so there was never any maintained status to rely on. And a temporary resident permit holder does not get maintained status at all, which means applying well before expiry is the only safe course.

Restoration, and what it does not give you

  • Ninety days, received rather than sent. The application must reach the department within ninety days of losing status, and an online submission has to be in before midnight in coordinated universal time on the ninetieth day.
  • One published class is exempt from the ninety days. A foreign worker who holds a letter of support from a participating province or territory does not have to apply within ninety days of losing status, and may apply even if they lost it more than ninety days ago. That worker is also exempt from having to meet the requirements of the stay listed on the expired permit and the conditions on the expired work permit before its expiry. Everybody else is on the ninety days.
  • You must meet the requirements of the stay again. Restoration is not a grace period. The Regulations require that you meet the initial requirements for your stay, that you have not failed to comply with any other condition, and that you are not subject to a declaration by the Minister.
  • Give the full circumstances. The department asks for full details of all the facts and circumstances of the breach, together with why you want to stay and how you will support yourself.
  • Each person applies. Restoration is per person, so every family member who lost status needs their own.
  • You cannot work or study while it is pending. The visitor guidance is flat on this, and the worker guidance says that normally you are not allowed to work until your status has been restored and your new work permit issued. Either way, do not work. Where you are eligible to apply for a work or study permit from inside Canada you can file both together, with the permit only processed after the restoration decision.
  • A student in breach of the study conditions cannot restore. The Regulations exclude a student who has not complied with the condition to enrol and actively pursue studies, which is a narrow but important carve out.
  • After ninety days there is normally no restoration. Being out of status, or having worked or studied without authorisation, is an offence under the Act, with the possibility of an admissibility hearing and removal. Past the window the usual position is that you leave and apply from outside. Check the exemption above before you accept that, because a foreign worker with a letter of support from a participating province or territory can still restore after ninety days, and leaving Canada would give up a live application.

Changing what you are here for

Applying from inside Canada at 19 August 2026
What you wantPosition
A work permit, as a visitorGenerally not available from inside Canada. The public policy that allowed it ended on 28 August 2024 with immediate effect, and applying at the border was closed on 23 December 2024 with narrow exemptions. Normally you apply from outside Canada
A study permit, as a visitorMost people cannot, and must apply from outside. There is a defined list of exceptions, including holding a valid study or work permit, having a spouse, partner or parent who holds one, being a minor child at school, being an exchange or visiting student, having completed a short course required for admission, holding a permit valid six months or more, being sponsored with a permanent residence application already filed, and several others
A course of six months or lessNo study permit is needed at all
To become a visitor, from a work or study permitAvailable, through a visitor record. Remember that the work rights end with the permit
A new visa while you are in CanadaAvailable to workers and students only. You must be in Canada, hold a valid work or study permit, intend to leave and return, and hold a visa that is expired, expiring or single entry. Apply well before you travel and do not leave until it is issued, because extending a permit does not issue a visa. We could not source a specific recommended lead time, so work from the current processing time rather than a figure

These rules moved twice in the space of four months across 2024, so anything written before 2025 is likely to describe a route that has closed.

Which route are you on

A structured way to see where you stand against the published criteria. It returns an indication only, not an eligibility decision, not legal advice, and not a prediction that you will be invited.

Your situation

Nothing you enter leaves your browser.

An indication only, not an eligibility decision and not legal advice. For almost everyone the ninety day restoration window is the deadline and the application must be received inside it, so an unfavourable answer here is time sensitive rather than informational. There is one published exemption, for a foreign worker who holds a letter of support from a participating province or territory, who does not have to apply within ninety days of losing status. Restoration is not available to a temporary resident permit holder, nor to a student who has not complied with the condition to enrol and actively pursue studies. Verified 19 August 2026 against canada.ca and the Immigration and Refugee Protection Regulations.

What we look at before a visitor application goes in

Whether the officer will be satisfied you will leave at the end of your stay, since that is the test almost every refusal turns on. Whether you need a visa or an authorisation, which depends on how you arrive as much as on your nationality. And where a previous refusal or an overstay sits in your history, because both are disclosable in everything that follows.

01 / Start here

Strategy consultation

A paid session that tests your record against this route and the alternatives, checks how your work is classified, and tells you plainly where you actually stand.

02 / Review

Lawyer review, you file

You prepare and submit; we review the classification, the evidence and the documentation before it goes in, and flag what would be questioned.

03 / Representation

Full representation

We build, document and file the matter as your lawyer of record, and carry it through to the federal permanent residence stage.

Every matter begins with the strategy consultation. If you instruct us within six months of that consultation for a lawyer review or for full representation, the consultation fee is credited against that work. One credit per person.

Frequently asked questions

When should I apply to extend?

At least thirty days before your current status expires, and in any event before it expires. That single fact decides which of two very different situations you are in.

What is maintained status?

If you apply to extend before your status expires and no decision has been made by the time it would have run out, your status continues under the same conditions until the decision. That is maintained status, and it is why the timing matters more than the paperwork. It does not apply to a temporary resident permit holder, and it does not apply where your application is rejected as incomplete, because an incomplete application is treated as never having been submitted.

Does maintained status let me keep working?

Only under the same conditions you already had, and this catches workers out. A worker who applies for a visitor record rather than a new work permit must stop working when the work permit expires, and cannot work while the visitor application is pending. We also flag leaving Canada while on maintained status as a worker as a real risk to your ability to work on return, because you are seeking re-entry without a valid permit in hand. We could not source that as a published rule, so treat it as a risk to take advice on rather than a settled position.

What is a visitor record?

The document that extends your stay from inside Canada. It is not a visa and it gives you no right to re-enter Canada. If your visa has expired and you want to leave and come back, you need a new visa, not a visitor record. It costs one hundred dollars and the application is made online.

What happens if my extension is refused after my original expiry date, while I am on maintained status?

The Regulations extend the period authorised for your stay until the day the decision is made where the application is refused. So the maintained period ends on the refusal and departure is due at that point. That is a very different position from being refused while you still hold status in your own right. It is also a different question from filing after expiry, which is not open to you at all, because the department states that if your temporary resident status has expired you are not eligible to apply for an extension.

I have already lost status. What now?

Restoration, and for almost everyone the deadline is ninety days from the day you lost it. The application must be received inside that window, and an online filing has to be submitted before midnight in coordinated universal time on the ninetieth day. You must give full details of the circumstances, meet the requirements of the stay, and pay the restoration fee. It applies to each family member who lost status.

Is the ninety days ever waived?

There is one published exemption, and it is narrow. A foreign worker who holds a letter of support from a participating province or territory is exempt from several of the conditions that usually apply to restoration applicants. They do not have to apply within ninety days of losing status, and may apply to restore even if they lost it more than ninety days ago. They also do not have to meet the requirements of the stay listed on the expired permit, nor the conditions on the expired work permit before it expired. If you are in that group, do not assume the window has closed on you. If you are not, treat the ninety days as the deadline.

Can I work or study while restoration is pending?

No. You may remain in Canada while the decision is made, and you may not work or study until the restoration and any associated permit have been approved. The visitor guidance is flat on this. The worker guidance is worded slightly more softly, that normally you are not allowed to work until your status has been restored and your new work permit issued, so do not read that as permission. There is no maintained status on this route, which is the main reason acting before expiry matters so much.

What does restoration cost?

Two hundred and forty six dollars and twenty five cents to restore status as a visitor. Restoration together with a new study permit is three hundred and ninety six dollars and twenty five cents. Restoration together with a new work permit is four hundred and one dollars and twenty five cents. Do not file an extension after your status has expired, because you are not eligible for it, the fee is not refunded, and you will then have to pay the restoration fee as well.

Can I apply for a work permit from inside Canada as a visitor?

Generally no, and this changed. The public policy that allowed a visitor to apply for an employer specific work permit from within Canada ended on 28 August 2024, with immediate effect. Applying at the border was then closed on 23 December 2024, with narrow exemptions including United States citizens and permanent residents, certain free trade agreement professionals and technicians and some of their spouses, certain international truck drivers, and people with a pre booked appointment. So a visitor with a job offer normally has to apply from outside Canada.