Your Canadian permit is expiring — or it already has. What happens now? Can you stay legally? Will you be deported? Can you fix it?
These are urgent questions, and the answers depend entirely on your specific situation. Here is what you need to know.
What Happens When Your Status Expires?
When your visa, work permit, or study permit expires, you lose your legal status in Canada. Staying in Canada without valid status is called being “out of status” — and it carries real consequences.
However, there is an important distinction: your authorized period of stay is not always the same as the date on your permit. Many people confuse these two things.
The “Maintained Status” Rule (Implied Status)
If you applied to renew or extend your permit before it expired, you may be protected under what is called maintained status (also known as implied status).
This means you can legally remain in Canada and continue working or studying under the same conditions as your previous permit — while your renewal application is being processed.
Maintained status applies only if:
- You submitted your renewal application before your current permit expired
- You have not violated any conditions of your permit
- IRCC has not yet made a decision on your renewal
Important: Maintained status does not give you a new document. You stay on the conditions of the old one while you wait.
What If You Did Not Apply Before It Expired?
If your status expired and you did not apply for a renewal in time, you are out of status. You have a few options:
- Restoration of Status: You can apply to restore your status within 90 days of the expiry date. This requires a restoration application plus the applicable fees and a valid reason. After 90 days, restoration is no longer available.
- Leave and re-enter: In some cases, leaving Canada and re-entering on a new permit is the cleanest option — but this is not always simple or guaranteed.
- Apply for a different status: Depending on your situation, you may be eligible to apply for a different type of permit or even PR from within Canada.
What Are the Consequences of Being Out of Status?
Staying in Canada without valid status is a violation of the Immigration and Refugee Protection Act (IRPA). Consequences can include:
- Removal order from Canada
- A ban from returning to Canada (typically 1–2 years, longer for repeat violations)
- Difficulty obtaining future visas or permits
- Impact on any pending PR application
Can You Work While Out of Status?
No. If your work permit has expired and you do not have maintained status, you cannot legally work in Canada. Working without authorization is a serious violation and can affect all future immigration applications.
What About Visitors?
Visitors are typically authorized to stay for up to six months from the date of entry — not necessarily the date on their eTA or visa. If you are unsure of your authorized stay period, check your passport for the stamp given at the border, or log in to your IRCC account.
Frequently Asked Questions
Q: I applied to renew my work permit but it expired before IRCC decided. Am I legal?
A: Yes, if you applied before the expiry date, maintained status protects you. You can continue working under the same conditions until a decision is made.
Q: Can I apply for PR if my status has expired?
A: It depends on the program. Some PR pathways require you to have valid status. Being out of status can complicate or disqualify your application depending on the stream.
Q: What is the 90-day restoration window?
A: You have 90 days from the date your status expired to apply for restoration. After 90 days, that option closes and your choices become more limited.
Bottom Line
If your status is expiring or has expired, act immediately. Apply for restoration within 90 days if you missed the renewal deadline. If you applied on time, verify you have maintained status and do not stop working or studying prematurely. When in doubt, consult an RCIC — the cost of professional advice is far less than the cost of a removal order.
