If you’re a temporary resident in Canada—whether you’re working, studying, or visiting—understanding your legal status is critical when extending your stay. IRCC recently updated its guidance on what’s known as maintained status (formerly called “implied status”), outlining who qualifies and what it means for your right to stay, work, or study in Canada while your application is being processed.
What is Maintained Status?
Maintained status is the legal permission for temporary residents to stay in Canada while their extension application is being processed, as long as they applied before their current status expired and remain in Canada.
This applies to people who:
- Hold a work permit, study permit, or visitor status, and
- Have submitted an application for extension of their statusbefore it expired.
Key Conditions
To maintain your status, you must:
- Remain in Canada during processing
- Submit your extension electronically before midnight UTCon the day your status expires
- Have submitted a complete application under the correct category
If you’re applying by paper (in rare, permitted cases), the date received at the Case Processing Centre (CPC) counts. Officers may backdate by 7 days for mailing delays.
What Maintained Status Allows You to Do
If you’re a worker:
You can continue working under the same conditions of your previous work permit while your extension is processed only if you applied to extend as a worker.
You cannot work if you applied to change to visitor or student status.
If you’re a student:
You can continue studying under the same conditions if you applied to extend as a student.
You cannot study if you applied to change to visitor or worker status.
- Important: Maintained status ends immediately if you leave Canada.
If you leave Canada:
- You may be able to re-enter as a temporary residentif you’re visa-exempt or have a valid TRV.
- But you cannot resume work or studyuntil your new permit is approved, even if you had maintained status before travel.
What If Your Application Is Refused or Withdrawn?
- Refused: You lose maintained status on the day of refusal. You may apply for restoration within 90 days.
- Withdrawn: You lose status on the date the withdrawal is registered.
- Rejected (incomplete): It’s treated as if no application was submitted. You must stop work/study once your original permit expires.
Multiple Applications During the Processing Period
If you submit a second application while your first is still in process:
- Both applications will be assessed.
- You maintain status only ifyou submitted the second one before your original status expired.
If your status expires and you then submit an application, you no longer have maintained status and must apply for restoration within 90 days.
Bottom Line: If you’re planning to extend your stay in Canada as a temporary resident, apply early, stay in the country, and understand how maintained status affects your ability to legally remain, work, or study.
Need help determining your eligibility or next steps for staying in Canada?
Contact us today at 204-944-8889 or email us at lawoffice@fridman.ca—we’re here to support temporary residents through every stage of the process.
This post is for informational purposes only and does not constitute legal advice. Please refer to the IRCC official website for full details.