Restoration of status refused, or more than 90 days out of status: what is left and the deadline

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 10, 2026: section 182 of the Regulations, IRCC’s fee list (modified September 21, 2026) and three Federal Court decisions on restoration checked that day.

If your restoration application was refused, or more than 90 days have passed since your permit expired, you are in Canada without status and restoration is no longer available. The 90 days in section 182 of the Regulations is fixed: the Federal Court has said officers have no discretion to extend it. What remains is judicial review of a refusal that got the facts or the law wrong, a temporary resident permit, a humanitarian application, or a plan to leave and apply from outside.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, reviews restoration refusals, applies for temporary resident permits and takes refusals to the Federal Court; this guide is by Pardeep S. Grewal.

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What does the refusal say?

The wording I see in these files:

• “You are not eligible for restoration of your temporary resident status because your application was submitted after the regulated 90-day period”
• “Has applied for and is not eligible for restoration under R182 as she has not met the initial requirements.”
• “You are a person in Canada without legal status who is no longer eligible for restoration of your temporary resident status”

Some letters also tell you to leave Canada. That is not a removal order, but CBSA can start the removal process if you stay.

What does section 182 say?

Under section 182(1) of the Regulations, an officer “shall restore” the status of a visitor, worker or student who applies “within 90 days after losing temporary resident status” and who meets the initial requirements for their stay and has not failed to comply with other conditions. Under section 182(2), a student who broke the study condition in section 220.1(1) cannot be restored.

The restoration fee is $246.25, plus the permit fee for a worker ($155) or student ($150), according to IRCC’s fee list.

Why this needs a lawyer

One lawyer, one file, every step:

• reading the refusal and the officer’s notes for a reviewable error;
• judicial review within 15 days;
• a temporary resident permit or humanitarian application, if court is not the route;
• planning departure so that later applications are not affected.

Every month without status can count against you later. The decision about what to do is time-sensitive and legal.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

Reconsideration is often suggested by people who cannot represent you in the Federal Court. It is discretionary, rarely changes the result and does not stop the deadline.

What are my options?

1. Get the officer’s notes to see exactly why restoration was refused: timing, the initial requirements, or the type of status.
2. Judicial review in the Federal Court if the officer misread your dates, ignored evidence, or applied the wrong rule. 15 days.
3. A temporary resident permit, where there is a compelling reason to stay that outweighs the problem. The fee is $246.25.
4. A humanitarian and compassionate application, if you have strong ties in Canada.
5. Leave and apply from outside Canada, with the history disclosed honestly.
6. Reconsideration request. Discretionary, rarely changes the result and does not stop the court deadline.

What has the Federal Court said?

The 90 days is fixed. In Dhir v. Canada (Citizenship and Immigration), 2026 FC 903, a couple filed a second restoration application after the 90 days, saying an earlier IRCC decision led them to believe they could still restore. The officer found the second application was “submitted after the regulatory 90-day period” and refused it, and with no status left, refused their work permits too. The Federal Court dismissed their challenge on July 3, 2026.

You restore what you had. In Kohli v. Canada (Citizenship and Immigration), 2026 FC 381, a former student asked to be restored as a worker, the status he was seeking rather than the one he held. The officer refused, and the Court upheld the refusal on March 20, 2026.

Former counsel’s mistakes can matter. In Tanisha v. Canada (Citizenship and Immigration), 2025 FC 1828, the applicant lost status and the chance to restore it after problems with her former representative. After the Court’s protocol for such allegations was followed, the parties agreed the reconsideration refusal should be set aside, and the Court gave reasons so she would not be prejudiced in future applications.

Under Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, an officer’s reasons must deal with the evidence and the law that apply.

Restoration at a glance

Worked example: counting 90 days

Example. A worker applied to extend her work permit before it expired and stayed on maintained status. The extension was refused, and she received the refusal on August 5, 2026, which is when her status ended. We count the 90 days from the day the decision was received, so her last day to apply for restoration was Tuesday, November 3, 2026, and we would have filed well before that. She filed on November 5, two days late, and the officer had to refuse. Her options now are a temporary resident permit, a humanitarian application, or leaving and applying from outside Canada.

What to gather

• Every permit and application, with the dates each was filed, refused or expired.
• Proof of when you learned of a refusal if the date is in dispute.
• Evidence for the initial requirements: a job offer, school enrolment, funds, ties.
• Your circumstances in Canada for a permit or humanitarian request.

Mistakes I have seen

• I have seen people leave restoration to the last week, then lose the 90 days to a payment or upload problem. File well before day 90.
• I have seen students ask to be restored as workers. The Court in Kohli upheld refusing that.
• I have seen people keep working after status ended, which creates a new problem on top of the first.
• I have seen people wait for reconsideration while the 15 days passed.

Frequently asked questions

Can I work while my restoration application is pending?

No. You have no status while restoration is pending, so you cannot work or study until it is approved.

Can I apply for restoration twice?

Only within the same 90 days. A second application after the 90 days must be refused, as in Dhir.

Will being out of status hurt my PR application?

It can. Some programs need valid status when you apply or when the decision is made, and every application asks about your history.

Is a temporary resident permit easy to get?

No. The officer weighs your reason for staying against the problem, and a history of non-compliance counts against you.

Related guides

See our guides on an application returned as incomplete, students who stopped studying, a PGWP refusal followed by a removal order, a missed Hong Kong pathway deadline, a work permit cut short to your passport expiry and a school closure such as ILAC. See also our guide on restoration of status and the 90-day rule.

Related guides: changing schools without a new study permit, sponsoring an out-of-status spouse and a refused visitor record.

What should I do right now?

Write down the day your status ended and the date of any refusal. Stop working or studying if your status has ended. Get the officer’s notes and decide within the 15 days whether the refusal belongs in court.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Regulations, s. 182 (current to October 19, 2026)
• IRCC: Fee list (modified September 21, 2026)
• Immigration and Refugee Protection Act, s. 72
• Kohli v. Canada (Citizenship and Immigration), 2026 FC 381 (March 20, 2026)
• Dhir v. Canada (Citizenship and Immigration), 2026 FC 903 (July 3, 2026)
• Tanisha v. Canada (Citizenship and Immigration), 2025 FC 1828 (November 14, 2025)

This article is general information, not legal advice. Every case depends on its own facts.