Temporary residents in Canada who lose their legal status as workers or students now have more flexibility to remain in the country, following a significant policy update by Immigration, Refugees and Citizenship Canada.
Under the new rules announced on May 1, 2026, individuals who fall out of status can now apply to restore their status as visitors — a change from previous regulations that required them to restore only the same status they originally held, or leave Canada and re-enter.
This shift provides a critical buffer for many international students and temporary foreign workers who may not immediately qualify for a new work or study permit but still wish to stay in Canada legally while exploring next steps.
Restoration of status remains a time-sensitive and conditional process. Applicants must apply within 90 days of losing their status, stay in Canada while their application is being processed, and meet the eligibility criteria of the status they are seeking. Importantly, once status is lost, individuals must stop working or studying immediately and cannot resume until new authorization is granted.
The new option allows affected individuals to transition to visitor status without needing to exit the country — a process that previously added cost, uncertainty and risk. To do so, applicants must submit a restoration application along with a request for a visitor record and pay the required fees.
However, immigration experts caution that restoration is not guaranteed. Each application is reviewed on a case-by-case basis, and applicants remain technically “out of status” during processing. This could have implications for future immigration pathways, including permanent residency applications.
The updated guidance still allows individuals to restore their original status or even apply for a different one — such as a worker applying for a study permit — provided they meet all eligibility requirements. In such cases, officers first assess the restoration request before considering any change in status.
While the policy change offers greater flexibility and relief, authorities emphasize that maintaining valid status should always be the priority, and restoration should be considered a last resort.
Overall, the update reflects a more practical and humane approach to managing temporary residents in Canada, giving individuals a legal pathway to remain in the country during periods of transition or uncertainty.