Authored by Chaobo (Bo) Jiang, Barrister and Solicitor, Zaifman Immigration Lawyers, and Chair, Manitoba Bar Association Immigration Law Section.
In Canada, under Immigration and Refugee Protection Regulations R182(1)[1], a visitor, worker, or student within 90 days of losing temporary resident status can apply to restore their temporary resident status in Canada. It seems pretty straightforward… well, not quite.
It used to be that restoration, in my experience, was far more straightforward to apply for. One could file a restoration application to restore temporary resident status and authorization, and if eligible, IRCC would approve the application. Applicants are also allowed to apply for visitor status through restoration if they no longer required any authorizations such as to study or a work. However, there has been a recent and significant shift in how IRCC considers restoration cases. In particular, IRCC currently interprets R182 so that restoration eligibility is limited to the last status and the last authorization an applicant held in Canada immediately prior to losing temporary resident status. The current IRCC guidelines for restoration of temporary resident status accordingly set out the following:
“It is important to note that since status and authorization are not the same under the IRPA, an applicant can only restore their status to that of a temporary resident and to the authorization that they held immediately prior to the restoration application. As an example, a student who lost their status cannot apply to restore temporary resident status with authorization to work.[2]”
The guidance also provides sample restoration scenarios for students, workers and visitors[3] but unfortunately do not provide any further instructions on how to actually apply for the more complex scenarios. In practice, the IRCC application forms for restoration are standalone forms: IMM 5708[4] for restoration to visitor containing a checkbox for “Restore my status as a visitor”, IMM 5709[5] for restoration to student containing a checkbox for “Restore my status as a student”, and IMM 5710[6] for restoration to a worker containing a checkbox for “Restore my status to a worker.”
A sample guide on how to apply appears in the context of Post-Graduation Work Permit Program Delivery Instructions, where IRCC sets out the following:
“However, if the applicant is eligible for restoration under section R182, they can restore their status as a temporary resident with authorization to study by applying for a study permit. They must meet all the regular study permit requirements, including that they hold a valid letter of acceptance from the DLI where they intend to study. They may also concurrently submit a PWGP application.
If the study permit is approved and issued, then the requirement of section R199 for the submission of the work permit application in Canada would be met. Therefore, the concurrent work permit application can be processed.
Instructions for the applicant are available here: Work in Canada after you graduate: How to apply[7]”
The link for How to apply leads to these instructions:
“If your study permit expires before you apply
If you don’t change your status to visitor and your study permit expires, you have up to 90 days after your study permit expires to apply for a PGWP and restore your status as a student.
To restore your status as a student, you must
- apply online for your PGWP and pay the correct fee ($255), and
- pay the fee to restore your status as a student ($389.75)
- Because of system limitations, you must pay the fees to restore your status as a student onlineand attach a copy of the receipt to your PGWP online application. You don’t need to make a separate application to restore your status as a student.[8]” [italics added by writer].
The instruction appears to explain that a student who lost temporary resident status and authorization to study can apply for restoration to a Post-Graduation Work Permit by using the IMM 5710 work permit application form, without the need to make a separate IMM 5709 study permit application form to restore student status.
In another example[9] (website last updated Feb 19, 2025), IRCC states that a worker whose work permit has expired may use the study permit application form to apply for restoration of status and authorization to work. If the request is approved, the Officer will then move on to access the study permit application. The instructions state that in additional to the study permit and restoration fees, a further payment for work permit processing fee is to be included in the Client Information section of the online document checklist. (It is noted that there is a typo on the website as work permit processing fees is incorrectly stated to be $150, it is actually $155).
However, concern arises from the recent case of Kaur v. Canada (Citizenship and Immigration), 2024 FC 1311 (CanLII), where IRCC appears to have argued against these instructions:
“[16] Ms. Kaur filed her restoration application using IRCC form IMM-5710, and checked a box indicating that she was applying to “restore [her] status as a worker”. However, Ms. Kaur never held status as a worker in Canada. The Officer reasonably found that she was applying for restoration of a work permit, not the study permit she held previously. Whether or not she complied with the 90 day application deadline is therefore irrelevant.[10]”
This current lack of clarity unfortunately creates a lot of uncertainty for immigrants. For example, if a student or worker loses their status but still wants to have legal status as a visitor in Canada to sell their car, close their bank accounts, tidy up loose ends before departure from Canada, how should they apply for restoration? What form/s should they use: IMM 5710, IMM 5709, IMM 5708, or a mixture of them? Should they apply in one online application and include all the applicable forms, fees, and supporting documents, or should they apply in multiple contemporary online applications?
I don’t like to end on a note of uncertainty, but there does not appear to be any clear guidance on how to apply for restoration for the more complex restoration scenario examples set out by IRCC. I would strongly recommend IRCC to update its Operational Manual and Practice Delivery Instructions in order to provide a clear picture on how an applicant may best apply for these restoration scenarios.
[1] Immigration and Refugee Protection Regulations R182, available publicly at: https://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-182.html#:~:text=Restoration,subsection%20220.1(1).
[2] Restoration of temporary resident status, availably publicly at: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html#:~:text=It%20is%20important,authorization%20to%20work.
[3] Possible Restoration Scenarios- Restoration of temporary resident status, availably publicly at https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/restoration-status.html#:~:text=Possible%20restoration%20scenarios,are%20otherwise%20exempt.
[4] IMM 5708, availably publicly at: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/imm5708.html
[5] IMM 5709, availably publicly at: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/imm5709.html
[6] IMM 5710, availably publicly at: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/imm5710.html
[7] PGWP-PDI, available publicly at: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html#s4:~:text=Applicants%20whose%20study,How%20to%20apply
[8] PGWP-How to apply, if your study permit expires before you apply: https://www.canada.ca/en/immigration-refugees-citizenship/services/study-canada/work/after-graduation/apply.html#:~:text=If%20your%20study%20permit%20expires%20before%20you,to%20restore%20your%20status%20as%20a%20student.
[9] IRCC guides on Restore your status and get a work permit-Example: You want to apply for a study permit, but your work permit has already expired., available publicly at https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/permit/temporary/restore.html#:~:text=Example%3A%20You%20want%20to%20apply%20for%20a%20study,the%20%E2%80%9CClient%20information%E2%80%9D%20section%20of%20your%20document%20checklist.
[10] Kaur v. Canada (Citizenship and Immigration), 2024 FC 1311 (CanLII), at paragraphs 16-22.
