Maintained Status

Maintained Status — previously known as Implied Status — is one of the most important concepts that temporary residents in Canada need to understand. This is the rule allowing workers, students and visitors to continue staying in Canada lawfully after their old permit expires, while awaitingImmigration, Refugees and Citizenship Canada (IRCC)to process the extension application.

On 28/05/2025, IRCC significantly changed the rules on Maintained Status — particularly for those filing several consecutive extension applications. This article explains how it works, when it applies, the rights and restrictions, the latest changes, and what to do where status is lost.

What is Maintained Status?

Maintained Status is the legal right allowing temporary residents to continue staying in Canada and to maintain the permitted activities (working, studying, or staying) under the conditions of the old permit, where 2 conditions are met:

First, an application to extend or change the permit was filed before the current permit expired. Second, the person continues to stay in Canada throughout the period awaiting a decision from IRCC.

Maintained Status is provided for in section R183(5) of the Immigration and Refugee Protection Regulations (IRPR) and is granted automatically — no separate application is needed.

Example: a foreign worker has a work permit expiring on 01/06/2026. Where that person files an extension application on 15/05/2026 (before the expiry date), they automatically have Maintained Status — they may continue working under the conditions of the old permit until IRCC makes a decision (approval or refusal).

Who Maintained Status applies to

Maintained Status applies to 3 main groups of temporary residents in Canada.

• Workers (Work Permit holders): may continue working under the conditions of the old work permit — the same employer, the same position, the same location. They may not change employer or position where the extension application is simply an extension of the current permit.
• Students (Study Permit holders): may continue studying under the conditions of the old study permit — the same institution, the same programme. Off-campus work rights are maintained where the old permit allowed them.
• Visitors (The temporary resident visa holders): may continue to stay in Canada, but may not work or study (unless they hold a separate permit).

Important changes from 28/05/2025

On 28/05/2025, IRCC significantly changed its guidance on handling Maintained Status for those filing several consecutive extension applications. This change directly affects tens of thousands of temporary residents in Canada.

Before 28/05/2025

Under the old rules, where a person filed a first extension application (before the permit expired) and then filed a second application while in Maintained Status, the second application could still preserve their right to stay in Canada — even where the first application was refused. However, the right to work or study could be lost where the first application was refused.

From 28/05/2025

Under the new rules, where a second application is filed after the original permit has expired and the first application is refused, the second application is automatically refused and returned. The person loses Maintained Status immediately and is no longer lawfully in Canada.

However, where the second application is filed before the original permit expires, Maintained Status is preserved while IRCC processes it — even where the first application is refused. But the person is not permitted to work or study until the second application is approved.

When Maintained Status ends

Maintained Status ends when one of the following events occurs: IRCC issues an approval decision (the person receives a new permit), IRCC issues a refusal decision (the person loses the right to stay under Maintained Status), or the person leaves Canada while the application is being processed.

Leaving Canada is a major risk. Where a person leaves Canada while in Maintained Status, the right to return to Canada is not guaranteed — particularly where the application is refused while they are abroad. Strong recommendation: do not leave Canada while in Maintained Status unless absolutely necessary.

Losing status: Restoration of Status

Where a permit expires without an extension application having been filed, or where an extension application is refused, the temporary resident is treated as being “out of status”. At that point, there are90 daysfrom the expiry date to apply for Restoration of Status undersection R.182 IRPR. In certain exceptional cases, IRCC may issue atemporary resident permit (TRP).

While awaiting restoration, the personmay not work or study— they may only stay. The cost of restoring status comprises the restoration fee (CAD 246.25) plus the corresponding permit fee (for example: CAD 100 for a Visitor Record, CAD 155 for a Work Permit). A restoration application should include a covering letter setting out the reasons for losing status and demonstrating the financial ability to support oneself while awaiting a decision.

After 90 days: where no restoration application is filed within 90 days, IRCC may require the person to leave Canada. Remaining in Canada out of status beyond 90 days may lead to a Removal Order with long-term consequences for all future immigration applications.

Maintained Status and permanent residence (PR) applications

A common misconception: applying forpermanent residence(PR) does not grant Maintained Status. A PR application is an immigration process, not an extension of temporary resident status. Where a temporary permit (work permit, study permit, visitor record) is about to expire while the PR application is still being processed, the person must extend the temporary permit separately — they cannot rely on a pending PR application to stay lawfully.

Where a temporary permit expires while awaiting PR without being extended, the person loses temporary status — even though the PR application is still being processed. This may cause serious complications for the PR application and for daily life (unable to work, unable to open a new bank account, and so on).

Practical tips for protecting Maintained Status

• File the extension application early. Do not wait until the last day — file at least 3–4 months before the permit’s expiry date. IRCC’s system may experience technical problems, and an application needs time to be prepared thoroughly.
• Keep evidence of filing. Keep the confirmation email, the fee payment receipt, and screenshots of the confirmation from the IRCC account. This is the only legal evidence proving Maintained Status if checked.
• Do not leave Canada. Maintain a presence in Canada throughout the period awaiting a decision. Where leaving Canada is unavoidable, consult a professional immigration adviser (an RCIC or an immigration lawyer) before travelling.
• Follow updates to the rules. IRCC changes its internal guidance without needing to go through Parliament — the change of 28/05/2025 was simply an update to the guidance for processing officers, not an amendment to the law. Foreign workers and international students need to follow this regularly through the official IRCC website or reputable immigration news sources.
• Do not continue working after a refusal. Where an extension application is refused, Maintained Status ends at the moment of the refusal decision. Continuing to work or study after a refusal without a new permit breaches the Immigration and Refugee Protection Act (IRPA) — which may lead to a 5-year ban for misrepresentation, and to receivinga procedural fairness letter (PFL)before formal refusal.

Conclusion

Maintained Status is an important “safety net” in Canada’s immigration system, protecting the legal rights of temporary residents while awaiting IRCC’s processing of an extension application. However, the new rules from May 2025 tighten the conditions of application considerably — particularly for those filing several consecutive applications.

The core principles remain unchanged: file the extension application before the permit expires, always remain in Canada while awaiting a decision, and stop all activity (working, studying) immediately where the application is refused. A mistake about the timing of filing — even by a single day — may lead to loss of status, loss of the right to work, and complications for every future immigration application.