New Rules Let Out-of-Status Workers, Students Stay as Visitors

On May 1, 2026, Canada's immigration department announced new rules that allow temporary residents who have lost their worker or student status to apply for restoration as a visitor. Previously, foreign nationals who lost their status were required to leave Canada and apply for visitor status upon re-entry. However, under the new guidelines, this is no longer necessary. As long as an applicant submits their restoration application within 90 days of losing their status, they can apply to restore their status as a visitor without leaving the country.

Changes to the Restoration Process

Restoration of status is a process that permits foreign nationals to regain their temporary resident status after losing it. To qualify, applicants must apply within 90 days of losing their status, remain in Canada while their application is processed, and continue to meet the requirements of the temporary resident status they seek. However, the restoration application alone does not permit applicants to work or study. Foreign nationals must cease working or studying immediately upon losing their work or study authorization.

Implications for Workers and Students in Canada

Previously, workers or students who lost their status had to leave Canada and re-enter as a visitor to obtain visitor status. Now, workers and students can apply for visitor status while still in the country, provided they submit their restoration applications within 90 days. This change offers more flexibility to those who are exploring options but don’t have immediate access to a new work or study permit. Along with their restoration application, applicants must also apply for a visitor record and pay the necessary fees to prove they meet the requirements of a visitor in Canada.

Important Considerations

While this new process provides more flexibility, it is important to note that restoration of status is not guaranteed. Immigration officers assess each application on a case-by-case basis, and approval depends on various factors. While waiting for a decision, applicants are considered "out of status," which could impact future visa or immigration applications, including those for permanent residence. Therefore, foreign nationals are encouraged to take every reasonable step to maintain their status in Canada and only apply for restoration as a last resort.

Additional Scenarios for Restoration

If workers or students prefer to restore their status in their original category (worker or student), they can still do so. They may also apply for a different type of permit alongside their restoration application, provided they meet the requirements and pay the additional fees. If their restoration application is approved, an immigration officer will then assess the application for a change of status.