Stayed Past Your Visitor Record? Restoration, H&C or Leaving
Updated: Oct 26
The short answer: If you stayed past the date on your visitor record, you generally have three directions to think about: apply to restore your visitor status, leave Canada, or, if there are strong humanitarian reasons, consider an H&C application. IRCC's guidance says a visitor must apply for restoration within 90 days of losing status, must stay in Canada while it is decided, and cannot work or study in the meantime. Restoration is not guaranteed. H&C is an exceptional measure and is not an automatic fix for an overstay. A decision remains with IRCC.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does IRCC say about restoring visitor status?
IRCC's operational instructions on restoration of temporary resident status for visitors say:
The person must apply within 90 days of having lost status.
The person must be in Canada without status when applying and must meet the requirements for a visitor stay.
The person must not have broken conditions, apart from losing status because of the length of stay or certain work or study conditions.
Restoration cannot be applied for or granted at a port of entry.
The restoration fee is required, and permit fees are added if you also apply for a work or study permit.
Because rules change, always check the current IRCC pages and forms before you apply.
What happens while a restoration application is pending?
According to IRCC's instructions:
You may remain in Canada while waiting, but you must stay in Canada until a decision is made. If an officer finds you have left, the application is refused and fees are not refunded.
You cannot resume work or study until the application is approved and any new permit is issued.
Unauthorized work or study makes a person ineligible for restoration.
Applying within 90 days of losing status is one of IRCC's listed requirements, so if you are beyond 90 days, restoration under these instructions is generally not available. Speak to a qualified representative about what other options may exist.
Where does H&C fit?
H&C is a different tool. IRCC says it is an exceptional measure and the applicant must show sufficient and compelling grounds, naming each exemption sought and explaining why. Overstaying a visit does not on its own create a humanitarian reason. Factors IRCC lists include establishment, ties to Canada, the best interests of children, health, family violence, separation from relatives and country conditions. Guide 5291 also says applying for H&C does not stop removal. Our guide to H&C after permit expiry and H&C out of status cover related situations.
What are the realistic options?
Restore status, if still within the time limit and eligible. This is a time-sensitive step, so act quickly.
Leave Canada. Leaving is often the simplest way to end an unauthorized stay, but we have not verified how an overstay may affect future applications, so ask a representative before you decide.
Consider H&C. This may be worth exploring where the facts are serious, such as significant ties, children, health needs or hardship if returned. It is a long-term option, not a quick fix. Use IRCC's processing times tool and see our H&C processing time guide.
Another route. Sponsorship or a protection claim may apply. See H&C vs other PR pathways.
Why honesty matters
Do not change dates, hide periods of unauthorized work, or give an officer an inaccurate account of your stay. Misrepresentation may create serious inadmissibility problems, which is why accuracy matters. Be accurate about when your status ended, what you did while in Canada, and why you stayed.
Frequently asked questions
How do I count the 90 days?
IRCC says the period runs from the date status was lost. If you had applied to extend your stay before it ended, "maintained status" can affect when the 90 days begin, so get advice on the date. Count carefully, and if you are close to the limit, get advice immediately.
Can I work while waiting for restoration?
No. IRCC's instructions say you cannot resume work or study until approval and any new permit is issued.
Can I leave and come back while restoration is pending?
IRCC says leaving during processing leads to refusal and lost fees.
Does a pending H&C application protect me from removal?
IRCC's guide says applying does not stop removal. If you have a removal date, speak to a lawyer or other qualified representative right away.
Next steps
Write down the date your visitor record ended and the date today, and gather your passport pages and any records of your stay. Every H&C situation is different. E-Pathway Immigration can help you assess whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. A decision remains with IRCC.
Related guides: H&C after permit expiry · H&C out of status · Status while waiting · H&C removal order · H&C complete guide · H&C guide index
Last reviewed: October 2026
Sources: IRCC: Restoration of temporary resident status (visitors) · IRCC: Humanitarian and compassionate considerations · IRCC Guide 5291 · IRPA s. 25
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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