Navigate Canada's maintained status rules with confidence
On This Page You Will Find:
- How to legally remain in Canada while your extension is being processed
- The difference between maintained status and regular visitor status
- Your work and study rights during maintained status periods
- Travel restrictions and re-entry rules you need to know
- What happens when your maintained status expires
- Step-by-step guidance for different types of temporary residents
Summary:
Thousands of temporary residents in Canada face the same anxiety-inducing situation every year: their authorized stay is about to expire, but Immigration, Refugees and Citizenship Canada (IRCC) hasn't responded to their extension or status change application. The good news? If you applied before your original status expired, you're protected by "maintained status" (formerly called "implied status"). This legal protection allows you to remain in Canada legally while awaiting a decision, but it comes with specific rules and restrictions that vary depending on whether you're a visitor, worker, or student. Understanding these nuances could mean the difference between maintaining your legal status and facing immediate removal from Canada.
🔑 Key Takeaways:
- You maintain legal status in Canada if you apply for extension/change before your current status expires
- IRCC officially changed "implied status" to "maintained status" on April 8, 2021
- Workers can continue working under their original permit conditions during maintained status
- Students can continue studying under their original permit conditions during maintained status
- Visitors cannot work or study during maintained status (unless permit-exempt)
- Leaving Canada while on maintained status has specific re-entry requirements and risks
Picture this: Maria, a software developer from Mexico, submitted her work permit extension application two weeks before her current permit expired. Three months later, she's still waiting for IRCC's decision. Is she in Canada illegally? Absolutely not. She's protected by maintained status – one of Canada's most misunderstood immigration concepts that affects over 200,000 temporary residents annually.
If you've ever felt that stomach-dropping panic when your status expiry date passes without hearing from IRCC, you're not alone. The uncertainty can be overwhelming, especially when your livelihood, studies, or family plans hang in the balance. But here's what immigration lawyers know that most people don't: Canada's maintained status provisions are designed to protect you during these waiting periods.
What Exactly Is Maintained Status?
Maintained status is your legal safety net when IRCC takes longer than expected to process your application. Think of it as an automatic extension that kicks in when you've done everything right – applied on time, paid your fees, and submitted complete documentation.
Here's how it works in practice:
The Timeline That Protects You:
- January 15: You enter Canada as a visitor (authorized until July 15)
- July 1: You submit an extension application before your July 15 expiry
- July 16: Your original status expires, but maintained status begins
- September 10: IRCC finally processes your application
During those nearly two months between July 16 and September 10, you remained in Canada legally under maintained status. No violations, no illegal presence, no problems.
The key word here is "maintained" – you're literally maintaining your previous status and all its conditions while waiting for the new decision. IRCC made this terminology change in April 2021 to better reflect what's actually happening: you're not in some liminal legal space, you're maintaining your existing legal status.
Maintained Status for Visitors: What You Can and Cannot Do
As a visitor with maintained status, your situation is straightforward but restrictive. You maintain all the conditions of your original visitor status, which means:
What You CAN Do:
- Remain in Canada legally
- Travel within Canada
- Engage in activities typical of visitors (tourism, visiting family, short courses under 6 months)
What You CANNOT Do:
- Work (unless your work is permit-exempt)
- Study (unless your study is permit-exempt)
- Apply for health coverage in most provinces
The work and study restrictions catch many people off guard. Even if you're married to a Canadian citizen or have job offers, maintained status as a visitor doesn't grant you work authorization. You'll need to wait for your status change application to be approved.
Leaving and Re-entering Canada as a Visitor
Here's where many visitors make costly mistakes. Yes, you can leave Canada while on maintained status, but re-entry isn't guaranteed and comes with important considerations:
Before You Travel, Ensure You Have:
- A valid passport
- A valid Temporary Resident Visa (TRV) if you're from a visa-required country
- Proof of maintained status (application confirmation, receipt of fees)
- Sufficient funds to support yourself
- Ties to your home country
What Happens at Re-entry: When you return, the border officer will treat you as a new visitor. This means:
- Your maintained status application continues processing
- You receive a new visitor record (typically 6 months)
- You still cannot work or study until your status change is approved
Pro Tip: If you're from a TRV-required country and want to apply for a work permit at the border, you can only do so if you're returning from the United States or St. Pierre and Miquelon. This process, known as "flagpoling," requires careful preparation and documentation.
Maintained Status for Workers: Continuing Your Career
Foreign workers have the most favorable maintained status conditions. If you applied for a work permit extension or status change before your current permit expired, you can continue working under your existing permit conditions.
Your Work Authorization During Maintained Status:
- Same employer (if it's an employer-specific permit)
- Same job duties and limitations
- Same location restrictions
- Same hourly limits (if applicable)
Let's say you're a chef working at a specific restaurant in Toronto under a closed work permit. During maintained status, you must continue working at that same restaurant in the same capacity. You cannot switch employers, change locations, or modify your job duties – even if your new application requests these changes.
Important Timing Consideration: Your work authorization during maintained status only applies if you applied before your current permit expired. If you let your work permit expire and then apply for restoration of status, you cannot work during the processing period.
Travel Considerations for Workers
Workers face more complex travel decisions during maintained status:
If You Leave Canada:
- You can re-enter as a visitor (if you meet visitor requirements)
- You cannot resume working until your new permit is approved
- Your application continues processing, but you lose work authorization upon re-entry
Strategic Consideration: Many workers choose to remain in Canada during maintained status rather than risk losing work authorization. The financial impact of stopping work often outweighs the benefits of temporary travel.
Maintained Status for Students: Continuing Your Education
International students with maintained status can continue their studies under the same conditions as their original study permit. This provision is crucial for students whose permits expire mid-semester or during crucial academic periods.
Your Study Authorization During Maintained Status:
- Same designated learning institution (DLI)
- Same program of study
- Same part-time work privileges (if applicable)
- Same co-op or internship authorizations
Academic Calendar Considerations: Maintained status is particularly valuable for students because academic calendars rarely align with permit expiry dates. If your study permit expires in June but your program continues until August, maintained status allows you to complete your studies without interruption.
Work While Studying: If your original study permit allowed you to work 20 hours per week off-campus, you maintain this privilege during maintained status. However, you cannot work full-time during study breaks unless your new permit specifically authorizes it.
Student Travel During Maintained Status
Students face the same re-entry challenges as other temporary residents:
Summer Break Dilemma: Many international students want to visit home during summer breaks, but leaving Canada during maintained status means losing study authorization upon re-entry. You'd return as a visitor and couldn't resume studies until your new permit is approved.
Strategic Planning: Students often coordinate their permit renewals to avoid maintained status during planned travel periods. Applying 4-6 months before expiry (rather than waiting until the last minute) can prevent these complications.
When Maintained Status Ends: Four Critical Scenarios
Your maintained status doesn't last forever. It ends in one of four specific situations, each with different implications for your future in Canada:
1. Favorable Decision
When IRCC approves your application, your new status begins immediately. You'll receive new documentation outlining your updated conditions and expiry date.
2. Unfavorable Decision
If IRCC refuses your application, your maintained status ends immediately. You must leave Canada or apply for restoration of status within 90 days. This 90-day period is crucial – missing it means you'll need to leave Canada and apply from outside the country.
3. Incomplete Application
If IRCC returns your application as incomplete, your maintained status ends when you receive the returned application. You have the same 90-day window to fix the issues and resubmit or apply for restoration of status.
4. Voluntary Withdrawal
If you withdraw your application, your maintained status ends immediately. This might happen if your circumstances change or you decide to leave Canada voluntarily.
Special Case: Temporary Resident Permit Holders
Temporary Resident Permit (TRP) holders face a unique situation: they don't qualify for maintained status. If you hold a TRP and apply for renewal before it expires, you don't have any legal status in Canada while waiting for the decision.
This gap in protection affects people who are inadmissible to Canada but have been granted temporary residence for compelling reasons. The lack of maintained status means TRP holders must be especially careful about timing their applications and may need to leave Canada if processing takes too long.
Restoration of Status: Your 90-Day Lifeline
If your maintained status ends unfavorably, restoration of status becomes your only option to remain in Canada legally. This process has strict requirements:
Timing Requirements:
- Apply within 90 days of losing status
- Include restoration fee ($200) plus regular application fees
- Provide explanation for why you lost status
During Restoration Processing:
- You have no legal status in Canada
- You cannot work, study, or leave and re-enter Canada
- You should avoid any activities that could be seen as establishing residence
Success Factors: IRCC considers several factors when evaluating restoration applications:
- How quickly you applied after losing status
- Reasons for the original refusal
- Your compliance history in Canada
- Whether circumstances have changed since the original application
Common Mistakes That Cost People Their Status
After helping hundreds of temporary residents navigate maintained status situations, certain mistakes appear repeatedly:
1. Assuming Maintained Status Applies When It Doesn't Maintained status only applies if you applied before your original status expired. Applying even one day late means you need restoration of status, not maintained status.
2. Traveling Without Understanding the Consequences Many people don't realize that leaving Canada during maintained status affects their work or study authorization upon re-entry.
3. Changing Circumstances Without Updating Applications If your situation changes significantly during maintained status (new job offer, different school, marriage), you may need to withdraw your current application and submit a new one.
4. Missing the 90-Day Restoration Deadline This deadline is absolute. IRCC has no discretion to accept late restoration applications, regardless of circumstances.
5. Working or Studying Beyond Original Authorization Maintained status doesn't expand your privileges – it only maintains existing ones. Working beyond your authorized conditions can result in violations that affect future applications.
Planning Your Next Steps
Whether you're currently on maintained status or anticipating needing it in the future, strategic planning makes all the difference:
If You're Currently on Maintained Status:
- Track your application status regularly through your online account
- Avoid making major changes (travel, job changes, moving) until you receive a decision
- Prepare for both positive and negative outcomes
- Keep all documentation organized and easily accessible
If You're Planning to Apply for Extension/Change:
- Submit applications 3-4 months before your current status expires
- Ensure all documentation is complete and accurate
- Pay all fees correctly and keep receipts
- Consider potential travel needs when timing your application
The peace of mind that comes with understanding maintained status is invaluable. You're not in legal limbo – you're protected by a system designed to account for processing delays beyond your control. By following the rules, understanding your limitations, and planning strategically, you can navigate this waiting period confidently while building your future in Canada.
Remember: maintained status isn't just a technicality – it's a fundamental protection that allows hundreds of thousands of people to remain in Canada legally while IRCC processes their applications. Understanding how it works puts you in control of your immigration journey, even during the uncertain waiting periods.
FAQ
Q: What is maintained status and how is it different from my original visitor, work, or study status?
Maintained status is legal protection that automatically kicks in when you apply for an extension or status change before your current authorization expires. It allows you to remain in Canada legally while IRCC processes your application, which can take 3-6 months or longer. The key difference is that you maintain the exact same conditions as your original status - visitors still can't work or study, workers continue under their existing permit conditions, and students can keep studying at the same institution. Think of it as hitting "pause" on your status expiry date. IRCC officially changed the terminology from "implied status" to "maintained status" in April 2021 to better reflect that you're not in limbo - you're actively maintaining your legal status. This protection affects over 200,000 temporary residents annually who find themselves waiting for decisions past their original expiry dates.
Q: Can I travel outside Canada while on maintained status, and what happens when I try to return?
Yes, you can leave Canada during maintained status, but re-entry isn't guaranteed and comes with significant risks. When you return, border officers treat you as a new visitor, regardless of your pending application. This means workers lose their work authorization upon re-entry, and students can't resume studies until their new permit is approved. You'll need a valid passport, Temporary Resident Visa (if required), proof of your pending application, sufficient funds, and ties to your home country. Your application continues processing while you're abroad, but you receive a new visitor record (typically 6 months) upon return. Many workers and students choose to remain in Canada during maintained status rather than risk losing their work or study authorization. If you must travel, ensure you can financially support yourself as a visitor until your new permit is approved.
Q: What happens if IRCC refuses my application while I'm on maintained status?
If IRCC refuses your application, your maintained status ends immediately on the date you receive the refusal decision. You then have exactly 90 days to either leave Canada voluntarily or apply for restoration of status. This 90-day window is crucial and non-negotiable - IRCC has no discretion to accept late restoration applications. During these 90 days, you have no legal status in Canada, cannot work or study, and should avoid activities that suggest you're establishing residence. Restoration of status costs $200 plus regular application fees and requires a detailed explanation of why you lost status. Success depends on factors like how quickly you applied, your compliance history, and whether circumstances have changed since the original refusal. Missing this deadline means you must leave Canada and apply for new status from your home country.
Q: As a worker on maintained status, can I change employers or job duties while waiting for my new permit?
No, workers on maintained status must continue under their exact original permit conditions. If you have an employer-specific work permit, you must work for the same employer, in the same location, performing the same job duties. You cannot switch employers, change your role, work additional hours beyond your permit limits, or modify any conditions - even if your pending application requests these changes. Your work authorization during maintained status is identical to your expired permit. This restriction often surprises workers who assume maintained status provides more flexibility. If you stop working for your authorized employer or change jobs without approval, you could face violations that affect future applications. The only exception is if you have an open work permit, which allows you to work for any employer under the same conditions. Remember, this work authorization only applies if you applied before your original permit expired.
Q: How long does maintained status last, and what should I do to track my application?
Maintained status lasts until IRCC makes a decision on your application - there's no predetermined time limit. However, current processing times range from 3-8 months depending on the type of application and your location. You should regularly check your application status through your online IRCC account and respond promptly to any requests for additional information. Set up email notifications and check monthly for updates. If processing significantly exceeds posted timelines, you can submit a case-specific inquiry through IRCC's web form. Keep all your documentation organized, including your original application confirmation, fee receipts, and any correspondence from IRCC. Avoid making major life changes like travel, moving, or job changes while waiting, as these can complicate your situation. If your circumstances change significantly, consult with an immigration professional about whether you need to withdraw and resubmit your application.
Q: Can international students work full-time during study breaks while on maintained status?
Students on maintained status can only work under their original study permit conditions, which typically means 20 hours per week off-campus during academic sessions. Even if your new application requests full-time work authorization during breaks, you cannot work beyond your original permit limits until the new permit is approved. This restriction often affects students whose permits expire during summer breaks when they planned to work full-time. However, you can continue any authorized co-op placements, internships, or on-campus work that were part of your original permit. If your original permit specifically allowed full-time work during scheduled breaks, you maintain that authorization. The key is understanding exactly what your original permit allowed - check your permit conditions carefully. Many students strategically time their renewal applications 4-6 months before expiry to avoid maintained status during planned work periods or travel. Remember, leaving Canada during maintained status means losing study authorization upon re-entry.
Q: What's the difference between maintained status and restoration of status, and when do I need each?
These are two completely different situations with different requirements and protections. Maintained status automatically applies when you submit a complete application before your current status expires - you remain legal in Canada and can continue activities authorized under your original permit. Restoration of status is required when you've already lost legal status, either because you applied late, your application was refused, or your maintained status ended unfavorably. Restoration must be applied for within 90 days of losing status, costs an additional $200, and provides no legal status while processing. During restoration processing, you cannot work, study, or travel, and must avoid establishing residence. Maintained status is preventive protection, while restoration is corrective action after losing status. The application requirements differ significantly - restoration requires detailed explanations for losing status and evidence that circumstances have changed. Success rates for restoration are generally lower than extension applications, making maintained status far preferable for protecting your legal status in Canada.
