Temporary residents moving to Canada often have the question, “What happens to my work permit, study permit, or visitor status if it expires while I am waiting for an extension? This is where maintained status, previously known as implied status, can become important.
Maintained status allows eligible temporary residents to remain in Canada legally upon the expiry of their current status. Those who are eligible must generally submit the extension application before the expiry of their current permit/status. If they apply on time they can then remain in Canada until a decision is made. For workers and students, Canada maintained status can allow them to continue working or studying under the same conditions as their existing permit, as long as they remain in Canada.
If a worker applies to extend a work permit for the same employer, for an employer-specific work permit, the worker may generally continue working under the existing conditions while waiting for a decision. This generally means the same employer, job and work location while waiting for the decision. But if a worker applies for a new work permit for a different employer, they must continue working for the employer on their original permit until the new application is approved, unless IRCC gives you separate authorization to work. Further, if they apply for a different type of status, such as switching from a work permit to a study permit, they must stop working once their existing work permit expires.You also cannot start studying until the new study permit is approved, unless you are otherwise authorized to study without one.
A student who applied before expiry and is waiting for a decision can continue studying while their application is processed. However, maintained status does not automatically permits every change in your study conditions. Changing an educational institution can involve separate requirements, particularly where conditions on the study permit are affected.
If the extension is approved, the new permit takes effect from its date of issuance. Any gap between the old permit’s expiry and the new permit’s issuance is generally covered by maintained status, which can help preserve the continuity of the person’s legal status in Canada.
The validity of the maintained status generally remains only when a temporary resident stays in Canada. If you leave Canada while waiting for an extension decision, you may still be able to return as a temporary resident in the condition that you are visa-exempt or hold a valid Temporary Resident Visa (TRV). But you cannot generally resume working or studying under Canada maintained status if you leave Canada. For work-permit maintained status, IRCC states you must stay in Canada to benefit from it. If you leave, your ability to work when you return can be affected.
A student who leaves Canada while waiting for a study permit extension may be allowed to return, but cannot normally continue studying until a decision is made. If the student had remained in Canada, they could generally have continued studying under maintained status.
Maintained status can apply to temporary residents who submit an application to extend their stay before their current status expires. There is no separate application for maintained status; it arises automatically when the eligibility requirements are met. If the application is refused, you no longer have maintained status. You may need to leave Canada or, if eligible, apply for restoration.
It is when IRCC makes a decision on your application that your maintained status ends. If the application is refused, then you may lose your legal status in Canada. Depending on the circumstances, you may be eligible to apply for restoration of status Canada. Eligible visitors, students and workers generally have 90 days to apply for restoration. There are exceptions and special public policies for this.
Maintained status can therefore provide valuable protection for temporary residents who have applied on time, but it is important to understand its limitations. Applicants should follow the conditions of their existing permit and avoid assuming that maintained status gives them new work, study, or travel rights.
Maintained status is important for temporary residents who want to stay legally in Canada and have applied to extend their status before their current permit expires. You must know that the rules can vary on the basis of whether you are extending the same work or study authorization, changing your permit, or planning to travel outside Canada. Understanding these requirements is essential to avoid interruptions to your legal status, work, or studies.
ImmiLaw Immigration can guide you through the permit-extension process, assess whether you may qualify for maintained status, help prepare and review your application, and advise you on work or study rights while your application is being processed. We will guide you on how to maintain legal status in Canada, about the implications of travelling while on maintained status and further help you to identify the appropriate next steps if your application is refused or your status has expired.
Read to know: Canada Newcomer Guide to Getting a Social Insurance Number (SIN)
You may be able to stay in Canada if you applied to extend your status before your permit expired and meet the requirements for maintained status.
Maintained status is a legal provision that allows eligible temporary residents to remain in Canada after their original status expires while they wait for a decision on an application submitted before expiry.
To maintain your temporary resident status, you generally need to submit an application to extend your stay before your current permit or status expires. You must remain in Canada while the application is being processed.
“Implied status” is the former term commonly used for what is now officially called maintained status.
Travelling outside Canada while on maintained status can affect your work or study when you return. You may be allowed to re-enter as a temporary resident if you meet the applicable requirements.
Yes, generally you can work if you have submitted your work permit extension application before your existing permit expired. You may continue working under the same conditions while the application is being processed.
Yes, generally, an eligible student who has applied to extend the study permit before expiry can usually continue studying while their application is being processed, provided they remain in Canada.
Maintained status generally continues until IRCC decides on the application to extend or change the person's temporary status on the condition that the individual continues to meet the applicable requirements.
Yes, you may be able to continue working after your work permit expires if you applied for an extension before the expiry date and remain in Canada. Under maintained status, you can generally continue working under the same conditions as your previous permit while IRCC processes your application. If you applied after your permit expired, you generally cannot continue working.
Yes, if you applied to extend your study permit before it expired and remain in Canada, you can generally continue studying under the same conditions while IRCC processes your application. If you did not apply before your permit expired, you must stop studying and apply to restore status in Canada and obtain a new study permit.
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