Many people in Canada face a situation that feels impossible: their work permit expired, the 90-day restoration window passed, they applied anyway — and now IRCC has refused the application. If this sounds familiar, this article explains clearly what has happened legally, and what realistic options remain.
What “Refused After the Deadline” Actually Means
Under Canadian immigration law, applicants must submit restoration applications within the legally required 90-day period. Courts have ruled that IRCC must refuse the application if it is submitted after that deadline — confirmed in Novak v. Canada (2004) and Avi Adroh v. Canada (2012).
This means a refusal in this situation is not a discretionary decision an officer chose to make. The 90-day restoration period begins on the exact date a temporary resident’s status expires — not when they receive a decision from IRCC. Even if IRCC takes months to notify you of a prior refusal, the clock started ticking on the date of expiry.
One more critical point: maintained status — what was historically called implied status — does not apply to restoration applications. Filing a restoration application does not give you the right to continue working while waiting for a decision.
What Happens to Your Status Now
Once a restoration application is refused, you must leave Canada immediately. You may be eligible to reapply from your home country or request a judicial review in Federal Court.
You are now considered out of status in Canada. This has real consequences:
- You cannot legally work or study
- You begin accumulating a period of non-compliance
- In serious cases, enforcement measures such as removal proceedings are possible, especially if the period of non-compliance is prolonged or combined with other issues
- Future applications to IRCC — including for permanent residence — may be affected
Your Options After a Restoration Refusal
1. Leave Canada and Apply for a New Permit from Abroad
This is the most straightforward path for most people. Once you are outside Canada, the out-of-status situation ends. You can then apply for a new work permit, study permit, or visitor visa from your home country through the regular process. The key consideration is whether your period of non-compliance will affect your future application. Be transparent. An experienced immigration consultant can help you frame your history accurately while presenting the strongest possible new application.
2. Apply for Visitor Status Restoration (If Still Within a New 90-Day Window)
As of May 1, 2026, IRCC updated its instructions to allow out-of-status workers and students to apply to restore their temporary resident status as a visitor — without leaving Canada first. This applies to workers whose job offer has ended and students who no longer plan to study.
Restoration to visitor status is the simplest and least risky method to stay legally in the country. It does not require leaving Canada, does not require a visa office abroad, and does not involve persuading IRCC to reverse any prior decisions. It is a request to restore temporary resident status as a visitor — which is allowed even after a work permit refusal, provided it is submitted within the 90-day restoration window.
This option only applies if a new 90-day window has opened — for example, if a subsequent refusal letter creates a new starting point. IRCC allows 90 days from the date of the latest refusal, rather than from earlier refusals. Consult a professional to determine whether this applies to your situation.
3. Apply for a Temporary Resident Permit (TRP)
A Temporary Resident Permit is a discretionary document that allows someone who is otherwise inadmissible or out of status to remain in Canada when there is a compelling reason to do so. It is not guaranteed, but it is a legitimate pathway for urgent situations. Medical emergencies, family obligations, or employer-critical situations are examples where a TRP may be considered. Our team at Earnest Immigration regularly assists clients in preparing TRP applications and presenting the strongest possible case to IRCC.
4. Judicial Review at Federal Court
If you believe the rejection was unfair or unreasonable, you can pursue a judicial review through the Federal Court. This is a legal process, not a re-hearing of your application. The court reviews whether IRCC followed proper procedure and applied the law correctly — it does not simply substitute its own judgment.
Judicial review is time-sensitive and procedurally complex. It requires representation by an authorized legal professional. If there was a procedural error in your refusal — for example, as in Haruna v. Canada (2025 FC 417), where the court found IRCC had provided an incorrect expiry date in the refusal letter — judicial review may be worth exploring.
What NOT to Do
Several actions will make your situation significantly worse:
- Do not continue working after a refusal. This adds unauthorized work to your record, which is a serious compliance issue.
- Do not leave and re-enter Canada expecting to reset your status. A CBSA officer can deny entry or issue a removal order.
- Do not submit a new restoration application if the 90-day window has clearly passed. It will be refused again, and the delay further extends your out-of-status period.
- Do not assume a pending PR application protects you. Having a permanent residence application in process does not automatically restore your status. You still need to apply for status restoration separately.
How Earnest Immigration Can Help
A restoration refusal is serious, but it is not necessarily the end of your path to Canada. The right next step depends on your specific timeline, work history, permit type, and future immigration goals.
At Earnest Immigration, our RCIC-licensed consultants will:
- Review your refusal letter and identify whether any procedural error occurred
- Assess whether a new 90-day window applies and whether visitor status restoration is viable
- Determine if a Temporary Resident Permit is appropriate for your situation
- Guide you through leaving Canada and reapplying with a stronger application
- Coordinate with a legal professional if judicial review is warranted
