Know when your immigration protection ends in Canada
On This Page You Will Find:
- What happens when your maintained status protection ends unexpectedly
- The exact 3 scenarios that instantly terminate your legal status in Canada
- Critical deadlines you have just 90 days to meet after losing status
- How concurrent applications affect your maintained status timeline
- Emergency options when you've already lost your legal standing
Summary:
Maria Rodriguez thought she was safe. She'd applied to extend her work permit two weeks before it expired, giving her maintained status in Canada. But when she flew home for her grandmother's funeral, she unknowingly triggered one of three situations that immediately ends maintained status protection. Now she faces potential removal proceedings. Understanding when and how you lose maintained status isn't just bureaucratic knowledge—it's the difference between staying legally in Canada and facing forced departure. This guide reveals the three critical scenarios that terminate your maintained status, the exact deadlines you must meet, and your emergency options if you've already lost protection.
🔑 Key Takeaways:
- Leaving Canada automatically terminates your maintained status, even for emergencies
- You have exactly 90 days from status loss to apply for restoration or face removal
- Application refusal after your original status expires gives you restoration options
- Concurrent applications extend protection until both decisions are made
- Enforceable removal orders immediately end all maintained status protection
Picture this: You're sitting in an immigration lawyer's office, hands shaking as you realize the trip you took last month to attend your father's funeral just cost you your legal status in Canada. You thought your pending application protected you. You were wrong.
This scenario plays out more often than you'd think. Thousands of temporary residents lose their maintained status each year—not because they didn't follow the rules, but because they didn't understand when those rules stop protecting them.
If you've applied to extend or change your status in Canada, you need to know exactly when your maintained status protection ends. Because once it's gone, you have just 90 days to fix the situation before facing removal proceedings.
What Maintained Status Really Means (And When It Starts)
Maintained status—formerly called implied status—acts like a legal safety net. When you apply to extend or change your temporary status before it expires, this protection kicks in automatically. You can continue living, working, or studying in Canada under your previous conditions while immigration officers review your application.
But here's what most people don't realize: maintained status isn't permanent protection. It's temporary coverage that can disappear instantly under specific circumstances.
To qualify for maintained status, you must meet three non-negotiable requirements:
You must be physically inside Canada when you submit your application. No exceptions.
Your previous status must still be valid when you apply. Even one day late eliminates this protection.
No final decision has been made on your current application. Once officers approve or refuse your request, maintained status ends.
Think of maintained status as a bridge between your old status and your new one. But bridges can collapse—and when they do, you need to know your options.
The 3 Ways You Instantly Lose Maintained Status
1. Immigration Officer Refuses Your Application
When an officer refuses your extension or change of status application, your maintained status ends immediately. But the timing of this refusal determines your next steps.
Refusal Before Original Status Expires: If your work permit was valid until March 31st and the officer refuses your extension on March 15th, you still have legal status until March 31st. You can:
- Submit a new application before March 31st
- Leave Canada voluntarily
- Prepare for status restoration if you miss the deadline
Refusal After Original Status Expires: This creates a more complex situation. Let's say your study permit expired on January 15th, but the officer doesn't refuse your extension until February 20th. You've now been without legal status for over a month.
Your options become:
- Apply for restoration of status within 90 days of the refusal (by May 21st in this example)
- Leave Canada immediately
- Explore alternative options like a Temporary Resident Permit if the 90-day window closes
The refusal letter will specify your exact deadline. Don't assume you have more time than stated.
2. You Leave Canada (Even for Emergencies)
This catches more people off-guard than any other rule. The moment you exit Canada—for any reason—your maintained status terminates completely.
It doesn't matter if you're leaving for:
- A family emergency
- A business trip
- A brief vacation
- Medical treatment abroad
The immigration system doesn't recognize exceptions. Your maintained status ends the second you cross the border.
What This Means for Your Application: Your pending application doesn't automatically get cancelled when you leave. Officers will still process it. But if they approve it while you're outside Canada, you'll need to meet entry requirements to return, including having a valid temporary resident visa if you're from a visa-required country.
The Re-entry Challenge: Border officers at your point of return will assess whether you meet current entry requirements. Your approved extension might not guarantee re-entry if other factors have changed.
3. Immigration Authorities Issue an Enforceable Removal Order
An enforceable removal order immediately terminates all status in Canada, including maintained status. This typically happens when:
- You've been found inadmissible to Canada
- You've violated conditions of your stay
- You've engaged in activities prohibited under immigration law
Unlike the other two scenarios, a removal order requires immediate departure. There's no 90-day restoration period, no alternative applications—you must leave Canada as directed.
Your 90-Day Lifeline: Restoration of Status
When you lose maintained status due to application refusal (after your original status expired), the clock starts ticking immediately. You have exactly 90 days from the refusal date to apply for restoration of status.
This isn't 90 business days or "approximately three months." It's 90 calendar days, including weekends and holidays.
Restoration Requirements:
- You must still be in Canada
- You must not have an enforceable removal order
- You must pay additional fees (restoration fee plus the original application fee)
- You must explain why you didn't maintain your status
The Cost of Waiting: Restoration applications face higher scrutiny than regular extensions. Officers want to know why you didn't maintain your status and why they should give you another chance. The longer you wait within that 90-day window, the stronger your explanation needs to be.
Concurrent Applications: Double Protection or Double Risk?
Sometimes you might submit multiple applications simultaneously. For example:
- Extending your study permit while applying for a work permit
- Requesting a visitor extension while your spouse's work permit application processes
In these situations, your maintained status continues until officers decide on both applications. If they refuse the first application but haven't decided on the second, you keep your maintained status.
However, if both applications get refused, you lose status on the date of the second (later) refusal. This could work in your favor by extending your maintained status period, or against you by creating a longer period of uncertainty.
When Maintained Status Ends Successfully
Not all maintained status endings spell disaster. When an officer approves your application, your maintained status simply transitions to your new authorized status.
If you applied for an extension of the same status (like extending a work permit), your conditions remain the same but with new validity dates.
If you applied for a change of status (like from student to worker), your new conditions take effect immediately upon approval.
Emergency Options After the 90-Day Window
If you've missed the 90-day restoration deadline, you haven't necessarily reached a dead end. Several options might still be available:
Temporary Resident Permit (TRP): If you can demonstrate compelling reasons to stay in Canada despite lacking status, a TRP might provide temporary legal status. These applications require exceptional circumstances and face strict scrutiny.
Voluntary Departure: Leaving Canada voluntarily often carries fewer long-term consequences than forced removal. You might be able to apply for new temporary status from outside Canada.
Legal Consultation: Complex cases benefit from professional immigration advice. A qualified immigration lawyer can assess options specific to your situation.
Protecting Your Maintained Status
Prevention beats restoration every time. Here's how to protect your maintained status:
Track All Deadlines: Mark your calendar with your current status expiry date, application submission deadlines, and any restoration deadlines if applicable.
Avoid Travel: If you must travel while on maintained status, consult with an immigration professional first. Consider whether the trip is worth risking your status.
Monitor Your Application: Check your application status regularly through your online account. Respond immediately to any requests for additional information.
Prepare Backup Plans: Know what you'll do if your application gets refused. Having restoration documents ready can save crucial time.
The Real Cost of Losing Maintained Status
Beyond the immediate stress and legal complications, losing maintained status can have lasting consequences:
Career Impact: Losing work authorization can jeopardize your job and professional relationships in Canada.
Family Separation: If family members depend on your status for their own legal standing, your status loss could affect them too.
Future Applications: A history of status violations can complicate future immigration applications, including permanent residence applications.
Financial Burden: Restoration applications, legal fees, and potential relocation costs add up quickly.
Your Next Steps
If you're currently on maintained status, take these actions immediately:
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Verify your current situation: Confirm your application is still processing and you haven't received any decisions.
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Avoid travel: Cancel or postpone any trips outside Canada until your application is decided.
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Stay informed: Monitor your application status and respond promptly to any communication from immigration authorities.
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Prepare for both outcomes: Have plans ready whether your application gets approved or refused.
If you've already lost maintained status, don't panic, but act quickly. Calculate your deadlines, gather required documents, and consider professional assistance for complex situations.
Remember: maintained status provides valuable protection, but it's not foolproof. Understanding when and how you can lose this protection—and what to do if you do—can mean the difference between continuing your Canadian journey and facing an unexpected departure.
The immigration system doesn't offer second chances lightly, but it does offer them. Make sure you know how to recognize and seize those opportunities when they matter most.
FAQ
Q: What exactly happens to my pending application if I lose maintained status by leaving Canada?
Your pending application continues to be processed even after you leave Canada and lose maintained status. Immigration officers will still review your case and make a decision. However, if they approve your extension while you're outside Canada, you'll face new challenges returning. You must meet all current entry requirements, including having a valid temporary resident visa if you're from a visa-required country. Border officers will assess whether you qualify for entry based on your circumstances at the time of return, and an approved extension doesn't guarantee re-entry. If your application gets refused while you're abroad, you'll typically need to submit a new application from outside Canada rather than having restoration options. This is why leaving Canada during maintained status is so risky—you lose control over your immigration situation.
Q: Can I apply for restoration of status if my original permit expired months ago but I just received the refusal decision?
Yes, you can apply for restoration, but your timeline depends on when you received the refusal decision, not when your original status expired. For example, if your work permit expired in January but you didn't receive the refusal until April, you have 90 days from the April refusal date to apply for restoration. This situation actually works in your favor because your maintained status protected you during those extra months between your permit expiry and the refusal decision. However, restoration applications after extended periods require stronger explanations about why you couldn't maintain status. You'll need to pay both the restoration fee and the original application fee, and officers will scrutinize your case more carefully than a standard extension application.
Q: If I have two applications pending simultaneously, how does this affect when my maintained status ends?
With concurrent applications, your maintained status continues until officers decide on both applications. This can work either for or against you. If immigration refuses your first application but hasn't decided on the second, you keep maintained status protection. Your status only ends when you receive the final decision on all pending applications. For instance, if you applied to extend your study permit and also applied for a work permit, and they refuse the study permit extension in March but don't decide on the work permit until May, your maintained status continues until May. However, if both applications get refused, you lose status on the date of the later refusal. This extended timeline can provide additional protection but also creates longer periods of uncertainty about your legal standing in Canada.
Q: What are my realistic options if I've already passed the 90-day restoration deadline?
After the 90-day window closes, your options become limited but aren't necessarily exhausted. A Temporary Resident Permit (TRP) represents your primary option if you can demonstrate compelling reasons to remain in Canada despite lacking legal status. TRP applications require exceptional circumstances—such as significant family ties, ongoing medical treatment, or humanitarian considerations—and face strict scrutiny. Voluntary departure often carries fewer long-term immigration consequences than waiting for removal proceedings. You might be able to apply for new temporary status from your home country, though previous status violations could complicate future applications. Some people explore marriage to a Canadian citizen or permanent resident, though this must be a genuine relationship. Complex cases benefit significantly from qualified immigration lawyer consultation, as they can identify options specific to your unique circumstances and potentially find solutions you hadn't considered.
Q: How does an enforceable removal order differ from other ways of losing maintained status?
An enforceable removal order immediately terminates all status in Canada, including maintained status, with no grace period or restoration options. Unlike application refusals that give you 90 days to apply for restoration, removal orders require immediate departure from Canada. These orders typically result from serious immigration violations: being found inadmissible, violating conditions of stay, or engaging in prohibited activities. Once a removal order becomes enforceable, you cannot apply for restoration of status, submit new temporary resident applications, or benefit from any maintained status protection. The order legally compels you to leave Canada by a specified date. Failure to comply can result in arrest, detention, and forced removal, which creates lasting consequences for future immigration applications. If you receive a removal order, you may have limited time to appeal or seek a stay of removal through Federal Court, but these processes require immediate legal assistance.
Q: What specific documentation should I prepare while on maintained status to protect myself if something goes wrong?
Maintain comprehensive records of all immigration-related activities while on maintained status. Keep copies of your original status document, application submission confirmations, payment receipts, and any correspondence with Immigration, Refugees and Citizenship Canada (IRCC). Screenshot your online account regularly showing your application status and save these with timestamps. If you need to travel for genuine emergencies, document the situation thoroughly with medical records, death certificates, or other official evidence—though remember that leaving still terminates your maintained status regardless of the reason. Prepare restoration application materials in advance: completed forms, updated documents, and explanation letters for potential status loss scenarios. Track all deadlines in multiple places and set calendar reminders well before critical dates. Keep financial records showing your ability to support yourself and pay required fees. Having these materials organized can save precious time if you need to submit urgent applications within tight deadlines.
Q: Can my employer continue to employ me if I lose maintained status but apply for restoration within the 90-day window?
No, your employer cannot legally employ you during the restoration period. Once you lose maintained status, you lose all authorization to work in Canada, even while your restoration application is being processed. This differs from maintained status, where you can continue working under your previous conditions. During the restoration period, you're essentially without legal status and cannot work, study, or benefit from any previous authorizations. Your employer continuing to employ you during this period could face serious consequences under the Immigration and Refugee Protection Act. If your restoration application gets approved, your work authorization resumes from the approval date, not retroactively. This employment gap can create significant financial and professional challenges, which is why preventing status loss is crucial. Some people explore whether they qualify for other types of applications that might provide work authorization, but these situations require careful legal analysis to avoid compounding immigration violations.
