Out of status in Canada? New May 2026 rules let workers and students stay without leaving

By Amir Ismail, RCIC R412319

Last Updated: May 2026

If your work permit or study permit has expired and you are still in Canada, you have a new option as of May 1, 2026. IRCC published updated guidance allowing out-of-status workers and students in Canada 2026 to restore to visitor status without leaving the country. Before this change, some individuals were advised to depart and re-apply from outside. Here is exactly what changed, who it applies to, and what to do next.

What changed on May 1, 2026

Before this update, temporary residents who lost their status as a worker or student had limited options inside Canada. Restoration of status as a worker or student was available within 90 days of permit expiry. But restoring to a different category, such as visitor, was not clearly permitted.

The May 1, 2026 guidance now explicitly allows temporary residents who have lost status as a worker or student to apply for restoration of temporary resident status as a visitor inside Canada. This change was conveyed in official instructions to IRCC officers published on May 1, 2026.

Who this applies to

This rule change applies to temporary residents who:

• Were authorized to work (on a work permit) or study (on a study permit) in Canada
• Have had their permit expire or their status lapse
• Are still physically inside Canada
• Are within 90 days of their permit’s expiry date

The 90-day window is fixed and cannot be extended. If more than 90 days have passed since your permit expired, you would need to leave Canada and apply for re-entry from outside.

This guidance does not apply to foreign nationals who were never authorized to work or study. If a removal order is in effect, restoring to visitor status does not override it.

How restoration of status as a visitor works

Restoring to visitor status means asking IRCC to recognize you as a lawful temporary resident while other matters are resolved, such as a new work permit application or a PR file in progress. It does not give you work authorization.

To apply, submit a restoration application online at IRCC’s portal. Include:

1. The application form for restoration of temporary resident status (IMM 5708 or the applicable online form)
2. Evidence you were previously authorized as a worker or student
3. Proof you are within the 90-day restoration window
4. Supporting documents showing why visitor status restoration is appropriate, such as a pending PR application or a new work permit under processing
5. The applicable IRCC processing fee

Once submitted, you are under implied status rules until IRCC decides your application. Your presence in Canada remains lawful during this period. You cannot work during restoration processing unless you hold separate work authorization.

Why this matters for workers

Losing work permit status affects more than your ability to work. It can also affect:

• Your eligibility for the In-Canada Workers Initiative if you live in a smaller community. For details, see Canada’s PR fast track for smaller communities: what the May 2026 update means
• Your CRS score and Canadian Experience Class (CEC) eligibility, since periods of unlawful status do not count as Canadian work experience
• Your PR application, if your file is in progress while status lapses

Restoring to visitor status preserves lawful presence in Canada. It does not fix a lapsed work permit, but it prevents accrual of unlawful presence while you resolve your situation. For more on how CEC eligibility works, see Canadian Experience Class.

Why this matters for international students

Students who lose their study permit status face a specific risk: it can affect their ability to apply for a Post-Graduation Work Permit (PGWP). Restoring to visitor status does not restore your student authorization, but it keeps you lawful inside Canada while you address your options.

For current rules on work authorization during and after your studies, see International student work authorization in Canada 2026.

What to do right now

1. Check the exact date your permit expired. If fewer than 90 days have passed, you are within the restoration window.
2. Do not leave Canada before speaking with an RCIC. Leaving ends your restoration eligibility inside Canada.
3. Gather your permit documents, entry records, and any pending application confirmation numbers.
4. Apply for restoration of status as a visitor online through IRCC’s portal as soon as possible.
5. While your restoration is pending, do not work unless you hold a separate valid work authorization.

If your permit is approaching expiry, extend before it lapses. Extending an active permit is always simpler than applying for restoration after the fact. For a broader look at current options, see Express Entry pathways in 2026.

Frequently asked questions

Book Your Strategy Assessment with Amir Ismail, RCIC R412319, to review your status and identify the right next step.