Maintained Status for Temporary Residents in Canada - Update
On May 28, 2025, IRCC introduced significant changes to the rules governing maintained status (previously known as implied status) for temporary residents, including workers, students, and visitors. These updates aim to clarify and tighten the policies surrounding extensions of temporary resident status, addressing concerns about misuse and ensuring compliance with immigration regulations.
What is Maintained Status?
Maintained status allows temporary residents in Canada to legally remain in the country under the same conditions as their original permit (e.g., work or study) while awaiting a decision on an application to extend their stay. To qualify, individuals must submit their extension application before their current permit expires and remain in Canada during processing. This provision, outlined in the Immigration and Refugee Protection Regulations (IRPR), ensures continuity without the need to leave the country.
Key Changes Effective May 28, 2025
The IRCC’s recent update introduces stricter guidelines to prevent the misuse of maintained status, particularly through incomplete or "placeholder" applications. The main changes:
End of Status Upon Refusal of Initial Application: If a temporary resident submits an extension application before their status expires but it is refused or deemed incomplete after the original permit’s expiry, their maintained status ends immediately. Workers and students must cease work or study until their status is restored or a new permit is approved.
Subsequent Applications: If a second extension application is submitted while the first is still in process, the applicant may maintain their status during the processing of the subsequent application, provided it is complete and submitted before the original status expiry. However, if the first application is refused, the second application will also be refused, terminating the applicant’s legal status.
No Work or Study After Refusal: The update explicitly states that maintained status does not automatically permit continued work or study. If an application is refused, individuals must stop all activities tied to their original permit (e.g., working or studying) until a new permit is issued.
Travel Restrictions Remain: Leaving Canada while on maintained status still risks losing the ability to work or study upon re-entry. Applicants may return as visitors (if TRV-exempt or holding a valid Temporary Resident Visa) but cannot resume work or study until their extension is approved.
Why the Changes?
The IRCC implemented these updates to address concerns about individuals submitting incomplete “dummy” applications to extend their status artificially, often to gain additional work experience for programs like the Canadian Experience Class (CEC). Such practices could lead to credibility issues or even misrepresentation, which carries severe consequences like a five-year inadmissibility period.
Implications for Temporary Residents
Proactive Application Submission: Temporary residents must ensure applications are complete and submitted well before their permit expires (IRCC recommends at least 30 days). Late or incomplete applications risk loss of status.
Compliance is Critical: Violating maintained status conditions (e.g., working or studying after a refusal) can lead to removal from Canada or future application refusals.
To stay compliant:
Submit complete extension applications well before your permit expires.
Avoid relying on placeholder applications to extend status.
If your application is refused, stop work or study immediately and consider applying for restoration of status within the 90-day window, if eligible.
Carry proof of application (e.g., IRCC receipt) if traveling, and understand that re-entry may limit your activities until a decision is made.
