Navigate Canada's maintained status rules like a pro
On This Page You Will Find:
- The exact steps to secure maintained status before your permit expires
- Critical work and study restrictions that catch 60% of applicants off-guard
- Why leaving Canada destroys your maintained status (and when it's worth the risk)
- The 90-day restoration window that saves refused applications
- Smart timing strategies to avoid gaps in your legal status
Summary:
Maintained status in Canada lets you legally stay while your extension or new permit application is processed - but one wrong move can destroy your work authorization instantly. This comprehensive guide reveals the specific rules for work permit holders, study permit holders, and visitors, plus the critical mistakes that force thousands into illegal status each year. Whether you're extending your current permit or switching to a new type, you'll discover the exact timing requirements, travel restrictions, and backup plans that protect your legal status in Canada.
🔑 Key Takeaways:
- Apply for extensions at least 30 days before your current status expires to secure maintained status automatically
- Work permit holders can continue working only when extending the same permit - not when switching to study or visitor status
- Leaving Canada while on maintained status typically ends your work authorization until the new application is approved
- Study permit holders can only continue studying when extending their current permit, not when applying for a new one
- If your application is refused, you have exactly 90 days to apply for restoration of status
Maria Rodriguez stared at her work permit expiry date - just three weeks away. Her employer's LMIA application was still processing, and she couldn't afford to stop working. Like thousands of temporary residents in Canada, Maria faced a critical decision that could determine whether she'd maintain her legal status or be forced to leave the country.
If you've ever felt that stomach-dropping panic of watching your permit expiration date approach while waiting for government approvals, you're not alone. The good news? Canada's maintained status provisions can keep you legally in the country - if you understand the rules.
What Is Maintained Status in Canada?
Maintained status (formerly called implied status) is your legal lifeline when transitioning between permits in Canada. When you apply to extend or change your temporary status before your current permit expires, you automatically receive maintained status. This means you can legally remain in Canada under specific conditions while Immigration, Refugees and Citizenship Canada (IRCC) processes your application.
Here's what makes this so powerful: you don't need to apply for maintained status separately. It's granted automatically when you submit your extension or change application on time. However - and this is crucial - your activities in Canada may be restricted depending on what type of application you've submitted.
Think of maintained status as a bridge between your old permit and your new one. The question is: what can you do while crossing that bridge?
The Golden Rule: Apply Before Your Status Expires
The most critical requirement for maintained status is timing. You must submit your application before your current status expires - not on the expiry date, but before it. IRCC strongly recommends applying at least 30 days before expiration, and here's why that buffer matters:
Processing delays happen. Technical glitches occur. Documents get flagged for review. That 30-day buffer protects you from becoming out-of-status due to circumstances beyond your control.
If you miss this deadline and your status expires before you apply, you'll need restoration of status instead - a more complex and expensive process that comes with no guarantee of approval.
Maintained Status Rules for Work Permit Holders
When You Can Continue Working
If you're extending your current work permit or applying for a new work permit with the same employer and conditions, you can continue working while your application is processed. You must follow the exact same conditions as your original permit - same employer, same job, same location restrictions.
This continuation of work authorization only applies when you remain in Canada. The moment you leave the country, you typically forfeit this right until your new permit is approved.
When You Must Stop Working
Here's where many applicants get caught off-guard: if you have a work permit but apply for a study permit or visitor record, you cannot continue working once your original permit expires.
For example, let's say you're transitioning from worker to student. The day your work permit expires, you must stop working immediately - even though you have maintained status to remain in Canada. You cannot start studying until your study permit is approved, leaving you in a legal limbo where you can stay but cannot work or study.
Special Case: International Experience Canada (IEC)
If you're applying for a new work permit through International Experience Canada (including Working Holiday permits), you cannot continue working after your original permit expires. This exception catches many young professionals by surprise, so plan accordingly if you're in the IEC system.
Maintained Status Rules for Study Permit Holders
Extending Your Current Study Permit
When extending your existing study permit, you can continue studying under the same conditions while awaiting approval. This seamless continuation helps you avoid gaps in your education and maintains your academic momentum.
Applying for a New Study Permit
If you're applying for a completely new study permit (perhaps for a different program or institution), you must stop studying once your original permit expires. You'll need to wait for approval of your new permit before resuming your studies.
Switching from Study to Work Status
Study permit holders who apply for work permits face the same restriction as workers switching to study permits: you cannot continue studying once your study permit expires, and you cannot begin working until your work permit is approved. You can remain in Canada, but you're temporarily restricted from both activities.
The Travel Trap: Leaving Canada on Maintained Status
This is perhaps the most misunderstood aspect of maintained status, and it's cost countless applicants their work authorization. If you leave Canada while on maintained status, you generally forfeit your right to continue working until your new application is approved.
Here's a real scenario: You're on maintained status, continuing to work while your permit extension processes. Your sister gets married in your home country, and you decide to attend. The moment you leave Canada, your work authorization typically ends. When you return, you cannot resume working until IRCC approves your new permit - which could take several more months.
When Leaving Might Be Worth the Risk
Some applicants choose to travel despite this restriction, particularly if:
- They have substantial savings to cover living expenses
- The personal or professional opportunity abroad is irreplaceable
- Their permit approval seems imminent
- They can work remotely for a non-Canadian employer
Before making this decision, ensure you have adequate funds to support yourself without Canadian employment income for potentially several months.
What Happens When Applications Are Refused
If IRCC refuses your extension or new permit application, your maintained status ends immediately upon receiving the refusal. You must stop all activities (work, study) that were authorized under your maintained status.
However, you're not automatically required to leave Canada immediately. You have a 90-day grace period to either:
- Apply for restoration of status
- Apply for a different type of permit
- Prepare to leave Canada voluntarily
This 90-day window is your final opportunity to regain legal status without leaving the country. Restoration applications are more expensive and have stricter requirements, but they're often successful when properly prepared.
Strategic Timing for Maximum Protection
Smart applicants don't just meet the deadline - they optimize their timing for maximum protection. Here's how:
The 30-60 Day Sweet Spot
Apply 30-60 days before expiration. This gives you a buffer for processing delays while ensuring your application is based on current circumstances. Applying too early (6+ months) can lead to requests for updated documents.
Consider Processing Times
Check current processing times for your specific application type. If work permit extensions are taking 120 days, and you apply 30 days before expiration, you'll be on maintained status for approximately 90 days. Plan your finances and commitments accordingly.
Document Preparation Timeline
Start gathering documents 60-90 days before expiration. Many required documents (medical exams, police certificates, employer letters) have their own processing times that can delay your application submission.
Common Maintained Status Mistakes to Avoid
Assuming all activities continue: Just because you can stay doesn't mean you can work or study. Understand the specific restrictions for your situation.
Traveling without understanding consequences: That vacation or family visit could cost you months of work authorization.
Missing the application deadline: Even one day late means you need restoration of status instead of maintained status.
Not monitoring your application: Stay informed about requests for additional information or documents that could delay processing.
Failing to maintain valid documents: Keep your passport valid throughout the maintained status period.
Your Next Steps for Secure Status
Maintained status in Canada provides crucial breathing room during permit transitions, but it comes with specific rules that vary by your situation. Whether you're a work permit holder who can continue working or a status-changer who must pause activities, understanding these distinctions protects your legal status and future immigration opportunities.
The key is preparation: apply early, understand your restrictions, plan for potential delays, and always have a backup strategy. Your Canadian journey doesn't have to include the stress of status gaps - maintained status ensures you can transition smoothly from one permit to the next, keeping your dreams and career on track.
Remember Maria from our opening? She applied for her work permit extension 45 days before expiration, continued working under maintained status, and received approval three months later without any interruption to her employment. That's the power of understanding and properly using maintained status in Canada.
FAQ
Q: How do I qualify for maintained status in Canada and when should I apply?
You automatically qualify for maintained status by submitting your extension or change of status application before your current permit expires - no separate application required. The key is timing: IRCC strongly recommends applying at least 30 days before expiration, not on the expiry date itself. This buffer protects you from processing delays, technical issues, or document review requirements that could push your submission past the deadline. If you miss this window and your status expires before applying, you'll need restoration of status instead, which costs more ($229 additional fee) and has no guarantee of approval. Processing times vary by application type - work permit extensions currently take 80-180 days depending on your category, so plan accordingly. Start gathering required documents 60-90 days early, as supporting materials like medical exams or employer letters have their own processing timelines.
Q: Can I continue working in Canada while my work permit extension is being processed?
You can continue working under maintained status only when extending your existing work permit with the same employer and conditions, or applying for a new work permit with identical terms. You must follow all original permit restrictions - same employer, same job duties, same location limitations. However, you cannot continue working if you're switching from a work permit to a study permit or visitor status, even though you maintain legal status to remain in Canada. International Experience Canada (IEC) applicants face special restrictions - if you're applying for a new IEC work permit (including Working Holiday permits), you must stop working once your current permit expires. Additionally, leaving Canada while on maintained status typically ends your work authorization until the new permit is approved, which catches many applicants off-guard when they travel for family visits or vacations.
Q: What are the restrictions for study permit holders on maintained status?
Study permit holders can continue their studies under maintained status only when extending their current study permit under the same conditions and institution. If you're applying for a completely new study permit - perhaps for a different program, level of study, or institution - you must stop studying once your original permit expires and wait for approval before resuming. Students switching to work permits face a gap period where they cannot study after their study permit expires and cannot work until their work permit is approved, though they can legally remain in Canada. This restriction applies even if you're transitioning from undergraduate to graduate studies at the same institution, as this typically requires a new study permit rather than an extension. International students should coordinate timing with their institution's academic calendar to minimize disruption to their educational progress.
Q: What happens to my maintained status if I travel outside Canada?
Leaving Canada while on maintained status typically ends your authorization to work or study until your new application is approved, though you can usually return to Canada if you have a valid temporary resident visa or are from a visa-exempt country. This travel restriction catches approximately 60% of applicants off-guard according to immigration consultants. For example, if you're working under maintained status and travel for a family emergency, you cannot resume working when you return until IRCC approves your new permit - potentially months later. Some applicants choose to travel despite this risk when they have substantial savings, irreplaceable opportunities abroad, or can work remotely for non-Canadian employers. Before traveling, ensure you have adequate funds to support yourself without Canadian employment income for several months, and consider whether the trip justifies potentially losing work authorization.
Q: What are my options if my application is refused while on maintained status?
When IRCC refuses your application, your maintained status ends immediately, and you must stop all authorized activities (work, study) right away. However, you're not required to leave Canada immediately - you have exactly 90 days from the refusal date to take action. During this period, you can apply for restoration of status ($229 fee plus application costs), apply for a different type of permit, or prepare to leave Canada voluntarily. Restoration applications have stricter requirements and longer processing times (currently 180+ days) but are often successful when properly prepared with strong justification for the delay and proof of maintained ties to Canada. You must demonstrate you've maintained legal status throughout your stay and explain any circumstances that led to the refusal. This 90-day window is your final opportunity to regain legal status without leaving Canada, making it crucial to act quickly and seek professional help if needed.
Q: How should I prepare financially and logistically for the maintained status period?
Plan for your maintained status period to last 3-6 months based on current processing times, though complex cases can take longer. Budget for living expenses without assuming continuous work authorization, especially if you're changing status types or might need to travel. Keep your passport valid throughout the entire period - passport expiration can complicate your application or maintained status. Monitor your application regularly through your IRCC online account for requests for additional information, as delayed responses can significantly extend processing times. Maintain detailed records of your application submission, including confirmation numbers and dates, as these prove your maintained status if questioned by employers or other authorities. Consider having backup plans such as emergency funds, alternative accommodation arrangements, or preliminary research into restoration procedures. If you're employed, inform your HR department about your maintained status situation and provide documentation to avoid workplace complications during the processing period.
