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Out-of-Status Support

Fallen out of status?
There are usually still options.

Restoration of status, Temporary Resident Permits, and maintaining status while an application is pending each apply to different situations. Mahyar helps you understand which one fits — and how urgently you need to act.

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Program Overview

Status problems are usually fixable — if you act in time.

Falling out of legal status in Canada — as a visitor, student, or worker — is more common than people assume, and it doesn't have to mean the end of your time in Canada. Depending on how recently status expired and the reasons behind it, restoration of status or a Temporary Resident Permit may still be available.

What matters most is timing. The restoration window is short and firm, and the earlier a situation is addressed, the more options remain on the table. Waiting to "see what happens" is the single most common way people lose access to restoration.

Mahyar approaches these situations directly and honestly — including telling you clearly if a particular route isn't realistic, rather than filing something with little chance of success.

Restoration of Status
If you fall out of status (as a visitor, student, or worker), you have 90 days from the date you lost status to apply for restoration without leaving Canada. Missing that 90-day window changes your options significantly.
Temporary Resident Permit (TRP)
Issued under IRPA section 24, a TRP can allow someone who is otherwise inadmissible to Canada to enter or remain for a specific, compelling reason. TRPs are discretionary and require a clear, well-documented justification.
Maintained Status
If you apply to extend or change your status before your current status expires, you generally keep your existing conditions and can remain in Canada while IRCC processes the new application — commonly called 'maintained status' or 'implied status.'
Out-of-Status Risk
Falling out of status without addressing it can affect future applications, including admissibility to Canada and, in some cases, other countries. Addressing it early and proactively is almost always better than waiting.
How It Works

From assessing your status to a filed solution.

01
Assess exactly where you stand
Mahyar starts by establishing your precise status history — when status expired, whether you applied before or after that date, and whether maintained status applies. This determines which options are actually available.
02
Identify the right mechanism
Depending on your situation, that might be a restoration of status application (if within the eligible window), a Temporary Resident Permit request, or simply ensuring a pending application is properly filed to preserve maintained status.
03
Build the supporting case
Restoration and TRP applications both benefit from a clear, honest explanation of what happened and why you should be allowed to stay or return. Mahyar helps document this credibly rather than leaving it to a bare-bones cover letter.
04
File and monitor
Once submitted, Mahyar tracks the file and advises on what you can and cannot do while the application is pending — including work authorization, travel risk, and how to respond if IRCC requests more information.
Fees & Costs

Restoration and TRP fees are separate line items.

Restoration of status carries its own IRCC processing fee on top of any concurrent permit application fee, and TRP applications carry their own fee structure. These are updated periodically by IRCC — figures change with each update, and Mahyar will confirm your current numbers during assessment.

Timeline

Act inside the restoration window — it does not wait.

The restoration window is 90 days from the date status was lost, and it is one of the few immigration deadlines that genuinely does not flex. TRP processing timelines vary considerably by case complexity. Mahyar will confirm exactly where you stand in that 90-day window and realistic processing expectations as soon as you reach out.

Common Pitfalls

Where out-of-status situations get worse, not better.

  • Waiting past the restoration window, which closes 90 days after status expires and does not extend for personal circumstances
  • Assuming a submitted application automatically grants maintained status, when in fact the application needs to be filed before the prior status expires to qualify
  • Traveling internationally while out of status or during a restoration application, which can create serious re-entry complications
  • Treating a Temporary Resident Permit as a routine paperwork fix rather than the discretionary, compelling-reason application it actually is
  • Not disclosing a prior period of out-of-status time in later applications, which tends to surface anyway and damages credibility
Common Questions

What people ask about status problems.

How long do I have to apply for restoration of status after it expires?
You have 90 days from the date you lost status to apply for restoration — it does not extend for personal circumstances. If you've recently fallen out of status, confirming exactly when that 90-day clock started is the first thing to do.
What is a Temporary Resident Permit and who needs one?
A TRP, issued under IRPA section 24, allows someone who would otherwise be inadmissible to Canada — for reasons like a past overstay, criminal history, or other admissibility issue — to enter or remain for a specific, justified reason. It is discretionary, not automatic, and the reasoning behind the request matters significantly.
Can I work while my restoration or TRP application is pending?
It depends on your specific application and prior status. Some restoration applicants can apply concurrently for a new work or study permit; TRP holders' work authorization depends on the terms of the permit itself. Mahyar will clarify what applies to your case.
What does "maintained status" actually mean?
If you apply to extend or change your temporary status before your current status expires, Canadian immigration law generally lets you remain in Canada under your existing conditions while the new application is processed — this is maintained status (sometimes called implied status). It only applies if the new application was filed before the prior one expired.
Will falling out of status hurt my future immigration applications?
It can, particularly if it happened for an extended period or wasn't properly disclosed later. It does not automatically bar future applications, but the circumstances need to be explained honestly and, where relevant, formally addressed rather than left unaddressed.
What should I do if I am currently out of status?
Address it as soon as possible. Waiting rarely improves your options and can close doors like the restoration window. Mahyar will give you an honest read on which mechanism — restoration, TRP, or something else — fits your situation.
How long does a Temporary Resident Permit take to process?
TRP processing varies significantly depending on complexity and the visa office involved, since each request is individually assessed rather than following a standard checklist. Figures change with each IRCC update — Mahyar will confirm realistic current estimates during your assessment.
Also dealing with a refusal? See refusal response guidance →
Get Started

Out of status and not sure what to do?

Book a free assessment as soon as possible — restoration windows are short, and Mahyar will give you an honest, timely read on your options.

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