Can I Apply for H&C After My Study or Work Permit Expires?
Updated: Oct 26
The short answer: An expired study or work permit does not, by itself, rule out an H&C application. IRCC's H&C route is for people who are in Canada and who cannot use another in-Canada class. But H&C does not restore your status, and it is an exceptional measure with no guarantee. Restoring your status is a different process. IRCC's work permit page sets a 90-day deadline, so check your dates first. This guide explains the difference. It is general information, not advice on your case.
This article is part of our humanitarian and compassionate (H&C) application guide.
Status and H&C are two different things
Your status is your legal permission to stay in Canada as a visitor, student or worker. When a permit expires, that permission ends unless you have applied to extend it in time.
An H&C application under section 25(1) of the Immigration and Refugee Protection Act (IRPA) asks IRCC to grant permanent residence as an exception. It is not a status application. Applying for H&C does not give you status, and we have not found IRCC wording that says an H&C application lets you work or study. Do not assume it does. Check with IRCC or a qualified representative before you work or study.
Can I apply for H&C if my permit has expired?
IRCC's guide for H&C says it is for people in Canada. We did not find wording in the guide that requires current status, but confirm this with a qualified representative. Many H&C factors are about your life in Canada, such as:
establishment in Canada;
ties to Canada;
the best interests of any child affected;
health;
family violence;
separation from relatives; and
conditions in your home country.
IRCC says you must name each exemption you want, explain why, and show sufficient and compelling grounds, with evidence for every statement. The cost and inconvenience of applying from abroad are not enough alone. If you can apply under another in-Canada class, such as the spouse or common-law partner class, H&C is not the route.
What about restoring my status?
Restoration is a separate application to IRCC. For workers, IRCC's page says IRCC must receive your application no more than 90 days after your status expired. You must have met the requirements of your stay and all conditions on the expired permit, and temporary resident permit holders cannot restore this way. You may stay in Canada while IRCC decides, but normally you cannot work until your status is restored and a new work permit is issued. Foreign workers with an open work permit support letter from a participating province or territory are exempt from the 90-day deadline and the other requirements. Approval is not guaranteed.
For students, IRCC's page says you must meet the requirements of your stay and follow your permit conditions, you cannot study until your status is restored, and there is no guarantee of approval. That page does not state a 90-day period for students, so do not assume one. Check IRCC's current rules for your permit type, and get advice quickly.
Official pages: Restore your status and get a work permit and What to do if your study permit expires.
Which should I look at first?
This is a question for a case review, but a few points help:
If you are still within the restoration window and meet the conditions, restoration may be an option to look at. Count the days carefully.
If you are outside that window, or restoration does not fit, you may be considering other routes. H&C is one possibility among them.
H&C processing can be very slow. Check IRCC's processing times tool and see H&C processing time.
Staying in Canada without status can create risk, including a removal order. IRCC says applying for H&C does not delay removal. If you have received a removal order, get advice quickly from a lawyer or other qualified representative. Court steps, such as a Federal Court judicial review, are outside what an RCIC can do.
We have not verified whether H&C applicants can work, study or travel while the application is pending. IRCC's H&C guide does not address work permits. Ask IRCC or a qualified representative before you rely on any assumption.
What evidence might an H&C file need?
Examples include proof of work or study history in Canada, tax filings, community involvement, letters of support, and, for families, school and medical records. Your own statement should match your documents. See H&C letters of support and establishment in Canada.
Frequently asked questions
Is H&C a way to get a new permit?
No. H&C is a request for permanent residence or exemption from requirements, not a permit.
Can my spouse and children be included?
IRCC says a spouse or common-law partner and dependent children in Canada can be included. Family outside Canada cannot be included but must be declared.
Next steps
If your permit has expired, the first step is to understand your dates and your options. E-Pathway Immigration can help you understand whether H&C considerations may be relevant, identify the evidence and questions that need attention, and review other options. A decision remains with IRCC.
Related guides: H&C application while out of status · H&C complete guide · How to apply for H&C: forms and fees · H&C approval rate and chances · H&C guide index
Last reviewed: October 2026
Sources: IRPA s. 25 · IRCC Guide 5291 · IRCC: Restore your status and get a work permit · IRCC: Study permit expired
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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