Losing your legal status in Canada can feel overwhelming, but it’s not the end of the road. If you act quickly, you may be able to restore your status or switch to another legal status to remain in Canada temporarily. This article explains why people lose status, what options are available, and how to restore your status in Canada if you are out of status even after a refusal.
What Does It Mean to Be “Out of Status” in Canada?
A person is considered out of status when their legal right to stay in Canada expires, meaning they no longer have a valid visa, work permit, or study permit. This can happen for several reasons, including:
Missing renewal deadlines – Failing to apply for an extension before your status expires.
Submitting incorrect documents – Providing incomplete or inaccurate information in your application leading to a refusal of an extension or status switching application.
Failing to respond to IRCC requests – Not replying to requests for additional documents on time leading to a refusal
Error in Final Decision from Immigration Refugee & Citizenship Canada (IRCC) – An error in the decision from a visa officer on your application could lead to your loss of Status.
If you find yourself out of status, you may have a limited window, usually 90 days to apply for restoration of status. Missing this deadline could mean having to leave Canada and apply for a new visa from outside the country.
Mela’s Story: How We Helped Restore Her Status
Mela, a 28-year-old from Zimbabwe, came to Canada as an international student in 2016 and later obtained a Post-Graduation Work Permit (PGWP). Like many graduates, she applied for Permanent Residence (PR) and a Bridging Open Work Permit (BOWP) in January 2024.
However, in October 17, 2024, both applications were refused. The reason? A job classification issue her job duties matched a different National Occupational Classification (NOC) code than the one she applied under. Because her PR was refused, her work permit was automatically denied as well, leaving her out of status.
The Solution: A Strong Restoration Application
Mela was still within the 90-day restoration period, which meant she had one last chance to regain valid status without leaving Canada. Since she was no longer eligible for a work permit, we recommended that she apply for a visitor record instead.
Here’s what we did:
Prepared a detailed restoration request – We explained why she lost her status and why she should be allowed to remain in Canada.
Provided strong supporting documents – This included proof of her previous legal status, financial ability to support herself, and reasons for needing more time in Canada.
Built a compelling argument – We highlighted the genuine mistake in her NOC classification and demonstrated her compliance with immigration rules.
Her application was submitted in December 2024, and in February 2025, her application for restoration and visitors record was approved.
What Are Your Options If You’re Out of Status?
If you’re out of status in Canada, the first step is to determine if you’re still within the 90-day restoration window. If you are, here are your options:
1. Restoration of Status
If eligible, you may apply to restore the same status you had before (e.g., work permit or study permit).
Your application must be comprehensive, well-documented, and submitted before the 90-day deadline.
2. Change of Status
If you are no longer eligible for your previous permit, you may need to apply for a different status, such as a visitor record.
This allows you to stay in Canada legally while making future plans.
3. Leaving Canada and Reapplying
If restoration is not possible, you may need to leave Canada and apply for a new permit from outside the country.
Need Help Restoring Your Status?
Losing your immigration status can be stressful, but you don’t have to navigate it alone. Whether your status expired due to a missed deadline, an application refusal, or an administrative error, acting fast is crucial.
Not sure where to start? Book a consultation with one of our expert consultants. Contact us or email ask@infoplacecanada.ca, and we will help you explore your options, map out your journey, and maximize your chances of success.