Out-of-status workers and students gain additional options under new rules

author avatar
Asheesh Moosapeta
Updated: May, 1, 2026
  • Published: May 1, 2026

Temporary residents in Canada who have lost their status as workers or students may now apply for restoration of status as a visitor.

Prior to this change, such foreign nationals may have needed to leave Canada and then seek re-entry as visitors, because restoration of status was limited to the same status they previously held: worker or student.

The change was conveyed in updated official instructions to immigration officers, published on the immigration department's website on May 1, 2026.

Consult with a lawyer at Cohen Immigration Law

Restoration of status is a process that allows foreign nationals in Canada who have lost their temporary resident status to apply to have it reinstated.

To be eligible, applicants must apply within 90 days of losing their status, remain in Canada until a decision is made, and continue to meet the requirements of the temporary resident status they are applying for.

Having submitted an application for restoration of status—whether as a worker, student, or visitor—does not authorize a foreign national to work or to study.

Foreign nationals must immediately cease working or studying upon losing their work or study authorization.

What this means for temporary foreign workers and international students in Canada

Workers and students who have lost their status and do not have an immediate pathway to a new work permit can now apply to remain in Canada as visitors while they explore their options.

Previously, a foreign national in this position would generally have had to leave Canada and re-enter as a visitor to obtain visitor status. This is no longer necessary, provided the applicant submits their restoration application within 90 days of losing status.

A worker or student applying for restoration as a visitor will need to apply for a visitor record alongside their restoration application, pay the corresponding fees, and satisfy an officer that they meet the requirements of a visitor.

Important caveats

Restoration of status is highly discretionary. Officers assess each application individually, and approval is not guaranteed.

An applicant is considered out of status while their restoration application is being processed. This could affect future visa or immigration applications—including permanent residence applications—even if the restoration is ultimately approved.

For this reason, foreign nationals are strongly encouraged to take all reasonable steps to maintain their status in Canada. Applying for restoration of status should be used only as a last resort.

Possible restoration scenarios

A worker or student who wishes to restore their status under their original category—rather than as a visitor—can still do so.

In addition, applicants restoring as workers or students may apply for a different type of permit alongside their restoration application, provided they meet all eligibility requirements and pay the additional fees. In these cases, the application for restoration is assessed first, and if successful, an Immigration, Refugees and Citizenship Canada (IRCC) officer will then consider the application to change status.

The table below illustrates how restoration applies under the updated guidance:

Previous status Status applying to: Possible? 
Worker Restore Visitor status Yes (new) 
Worker Restore Worker status  Yes 
Worker Gain student status Yes 
Student Restore Visitor status Yes (new) 
Student Restore Student status Yes 
Student Gain worker status Yes 
Visitor Restore Visitor status Yes 

Consult with a lawyer at Cohen Immigration Law

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