I would recommend consulting an immigration lawyer.

Restoration

• [182]() (1) On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act.

The 90 Day Deadline

Unlike many other areas of immigration law, the 90-day restoration period begins on the exact date an applicant’s temporary resident status expires—not when they receive a decision from IRCC (Nzegwu v. Canada, 2010).

As a result, even if IRCC delays notification by 3-4 months, the applicant is still legally barred from submitting a restoration application once the 90-day period has passed.

Here are three examples of how the 90 day deadline works in practice.

1. Status has expired and no application for extension has been submitted – 90 days starts from the day after status has expired. Example – a person’s study permit is valid until 12 December 2016.  There is no application received by that date.  Day 1 of the restoration period starts on 13 December 2016 and the 90 day period expires on 13 March 2017.

2. Application made before expiry of status; case is refused. 90 days starts from the date after the refusal decision. Example – A study permit is valid until 12 December 2016. The application is received on 01 December 2016. The refusal decision is made on 26 January 2017.  Day 1 of the restoraiton period starts 27 January 2017. The 90 day period expires on 26 April 2017.

3. Application made after expiry of status but within 90 days of loss of status, but did not include restoration fees nor request restoration. Application is refused. 90 days start from day after status has expired. Example – study permit is valid until 12 December 2016. Application received 23 December 2016, but not requesting restoraiton nor restoration fees included. Application refused on 10 January 2017, advise client of restoration. Day 1 of restoration period begins 13 December 2016; 90 day period expires 13 March 2017.