Understanding IRPR Section 182: Restoration of Status in Canada

Losing your immigration status in Canada can feel overwhelming—but in some cases, you may still have a second chance. That’s where section 182 of the Immigration and Refugee Protection Regulations (IRPR) comes in.

This provision allows certain temporary residents to apply for restoration of status if they act quickly and meet specific requirements.

Let’s break it down in simple terms.

What is IRPR Section 182?

Section 182 of the IRPR allows a temporary resident—such as a worker, student, or visitor—to apply to restore their status after it has expired.

This means that even if you’ve fallen out of status, you may still be able to stay in Canada legally, as long as you meet the conditions.

The 90-Day Rule: Timing is Everything

The most important rule under section 182 is the 90-day deadline.

You must apply for restoration within 90 days from the date you lost your status.

For example:

• If your status expired on January 1

• You have until around April 1 to apply for restoration

If you miss this window, restoration is no longer available—and you may have to leave Canada.

Who Can Apply for Restoration of Status?

You may be eligible to restore your status if you were previously in Canada as a:

• Worker

• Student

• Visitor

However, simply applying is not enough. You must also show that you continue to meet the requirements of the status you are applying for.

Can You Change Status When Applying?

This is one of the most misunderstood—and evolving—areas of restoration.

On a plain reading of section 182, there is no explicit requirement that you must restore the same type of status you previously held. The regulation simply requires that:

• You apply within the 90-day deadline; and

• You meet the requirements of the status you are applying for

In this sense, restoration fixes your legal status in Canada, while your accompanying application (such as a work permit or study permit) is assessed on its own merits.

IRCC Guidelines vs. the Law

Despite the wording of the regulation, IRCC’s Program Delivery Instructions (PDI) generally take a more restrictive approach, often requiring that applicants restore to the same class of status they previously held (e.g., worker to worker, student to student).

However, it is important to understand that administrative guidelines cannot displace or override the governing statutory and regulatory framework. In Kanthasamy v. Canada (Citizenship and Immigration), the Supreme Court of Canada cautioned against using policy instruments in a way that effectively replaces or narrows the statutory test. Decision-makers must apply the law in a flexible and context-sensitive manner, consistent with the purpose of the legislation.

This means that while officers may rely on the PDI, the legal text of section 182 remains controlling.

Recent Case: Kohli v. Canada

This issue was recently addressed by the Federal Court in Kohli v. Canada (Citizenship and Immigration), 2026 FC 381.

In that case, the applicant argued that IRCC’s guideline requiring restoration to the same class was inconsistent with the law. The Court acknowledged that there may be an argument that the guideline does not fully align with the text, context, and purpose of section 182.

However, the Court ultimately upheld the officer’s decision, noting that the applicant did not show that the officer’s reliance on the guideline was unreasonable.

In practice, this creates a gray area:

• The law itself does not clearly require restoration to the same class

• But IRCC policy (PDI) generally applies that restriction

• Courts may defer to an officer’s interpretation unless it is clearly unreasonable

Applicants who wish to change status (for example, from worker to student) must be aware that this may increase the risk of refusal—but the statutory framework does support flexibility if properly argued and documented.

What Happens While Waiting?

Unlike applying before your status expires, restoration does NOT give you maintained status.

This means:

• You are allowed to stay in Canada while waiting for a decision

• But you are not allowed to work or study until your new permit is approved

This is a critical distinction that many applicants overlook.

Common Mistakes to Avoid

Here are some of the most common errors people make:

1. Waiting too long

Missing the 90-day deadline automatically makes you ineligible for restoration.

2. Continuing to work or study

You must stop working or studying immediately after losing your status.

3. Submitting incomplete applications

A weak or incomplete application can lead to refusal.

4. Misunderstanding when status is lost

In some cases—especially if you applied to extend your status before it expired—you may still have legal status until a decision is made. Miscalculating this can affect your eligibility.

Why Section 182 Matters

Section 182 provides an important safety net for temporary residents in Canada. Mistakes happen—applications get refused, deadlines are misunderstood, and life circumstances change.

This provision gives individuals a limited opportunity to correct their status without immediately having to leave the country.

Final Thoughts

If you’ve lost your status in Canada, time is critical. Understanding how section 182 works—and how IRCC actually applies it—can make the difference between staying in Canada legally or having to leave.

Because of the gap between the law (IRPR) and policy (PDI), restoration cases can be more complex than they appear. Getting the timing and strategy right is essential.

Need help with a restoration application?

Gateway to Canada can guide you through the process and help you avoid costly mistakes. Reach out to our team to get started.