Visitors
A visitor who applies to extend their authorized stay before expiry may generally remain in Canada as a temporary resident while IRCC processes the application.
STATUS & CITIZENSHIP
Understand how applying before your temporary status expires may allow you to remain in Canada while IRCC processes your extension or change application.
Review Your Immigration StatusTEMPORARY RESIDENT STATUS
Maintained status is the legal ability of certain temporary residents to remain in Canada after their existing status expires while IRCC processes an eligible application submitted before that expiry.
It was previously commonly referred to as "implied status."
Maintained status can apply to visitors, workers and students, but the activities a person may continue while waiting for a decision depend on their previous status and the application they submitted.
Applying before expiry is therefore critical. An application submitted after status has already expired generally does not create maintained status.
HOW IT WORKS
To benefit from maintained status, IRCC must generally receive the appropriate application before the person's current temporary status expires.
Once the existing status expires, the person may continue to remain legally in Canada while IRCC processes the eligible application.
The application type matters. Extending worker status, extending student status and changing to visitor status can lead to different rights while the application is pending.
A late application generally cannot create maintained status retroactively.
Check My Status DeadlineWHO MAY QUALIFY?
Maintained status can apply to different temporary resident categories, but the consequences are not identical.
A visitor who applies to extend their authorized stay before expiry may generally remain in Canada as a temporary resident while IRCC processes the application.
A worker who applies to extend or change their work permit before expiry may generally remain in Canada while IRCC processes the application.
A student who applies to extend or change their study permit before expiry may generally remain legally in Canada while waiting for IRCC's decision.
A worker or student may apply to remain in Canada as a visitor, but this does not necessarily preserve their previous work or study authorization.
The conditions attached to the previous permit can determine what activities remain authorized while waiting.
Temporary Resident Permit (TRP) applicants do not benefit from maintained status while an initial, new or subsequent TRP application is being processed.
WORKERS
If you applied to extend or change the conditions of your work permit before it expired, you may generally continue working until IRCC makes a decision, provided the applicable requirements are met.
You generally must remain in Canada and continue working under the same conditions as your original work permit.
For example, if you hold an employer-specific work permit, maintained status does not normally allow you to begin working for another employer simply because a new application is pending.
Maintained status preserves existing work authorization in qualifying cases. It does not automatically create broader employment rights.
Extend a Work PermitCHANGING STATUS
Maintaining legal temporary residence in Canada does not always mean maintaining permission to work.
If an eligible worker applies for another work permit before expiry, they may generally continue working under the applicable existing conditions.
If the worker applies to remain as a visitor, they may remain in Canada while the visitor application is pending, but must generally stop working when the original work permit expires.
If the worker applies for a study permit instead, they generally must stop working when the original work permit expires and cannot begin studies until authorized.
A person may remain legally in Canada while still being prohibited from working or studying.
STUDENTS
If you apply to extend or change the conditions of your study permit before it expires, you may generally remain legally in Canada while IRCC processes your application.
In qualifying circumstances, a student who filed the appropriate extension before expiry can generally continue studying under the conditions of the existing permit while waiting.
If the study permit expired before the application was submitted, maintained status does not apply and the student generally must stop studying.
The difference between a timely extension and a late application can determine whether you may continue studying while waiting.
Extend a Study PermitVISITORS
A visitor who applies to extend their stay before their current visitor status expires may generally remain legally in Canada while IRCC decides the application.
The person continues to have temporary resident status, but visitor status does not by itself authorize employment or studies that require a permit.
If the extension is approved, IRCC may issue a visitor record showing the new date by which the person must leave Canada.
Staying legally in Canada while a visitor extension is pending does not give the person permission to work.
Extend Visitor StatusAPPLICATION DEADLINE
Do not assume that starting an online application is enough. It must actually be submitted on time.
For online work permit extension applications, IRCC currently uses Coordinated Universal Time when determining whether an application was received before expiry.
Because IRCC's online system uses UTC, the deadline may arrive earlier than midnight in your local Canadian time zone.
Waiting until the expiry date creates unnecessary risk from technical problems, payment issues or missing documents.
Save confirmation showing when the application was successfully submitted.
Use the actual expiry date on your immigration document rather than relying on assumptions about when status ends.
For work, study and visitor extensions, IRCC generally recommends applying before the last month of validity whenever possible.
TRAVEL OUTSIDE CANADA
Maintained status is particularly important for people remaining physically in Canada while IRCC processes an application.
If a worker on maintained status leaves Canada, they lose the ability to continue working when they return. They cannot resume working until IRCC approves the work permit application.
A study or work permit is also not itself a travel document. Travellers must still satisfy the applicable passport, TRV or eTA requirements when seeking re-entry.
Similarly, a student who leaves Canada while a study permit extension is pending may be allowed to re-enter, but cannot resume studying until IRCC approves the study permit extension.
Admission to Canada is ultimately determined at the border.
Review your immigration status and the effect travel could have on your ability to work or study before leaving Canada.
Review My Travel PlansPROVING YOUR STATUS
Your existing permit may expire while your extension is still being processed, so keeping evidence of your timely application is important.
Keep proof showing that IRCC received your application before your existing temporary status expired.
Your expired permit remains relevant because it shows the conditions that applied before maintained status began.
Eligible online work permit extension applicants may receive a “WP-EXT except PGWP” letter confirming continued work authorization. If the application remains pending after the date printed on the letter, an eligible worker may still continue working until IRCC makes a decision.
Workers and students may need to provide evidence of their status to an employer, school or another organization.
OTHER DOCUMENTS
Maintained status can allow a qualifying temporary resident to remain legally in Canada, but that does not automatically mean every other government document can be renewed while the immigration application is pending.
IRCC currently notes that people on maintained status may be unable to renew certain provincial or territorial documents, such as a driver's licence or health card, until they receive their new immigration document.
Eligible workers may continue working with an expired SIN while their qualifying work permit extension is being processed, but the SIN expiry generally cannot be updated until the new work permit is issued.
Consider renewing time-sensitive provincial documents before your current immigration permit expires where possible.
Review My SituationAFTER THE DECISION
Maintained status exists while IRCC is processing the qualifying application.
Once IRCC makes a decision, the person's immigration situation changes according to the result of that application.
If the application is approved, the new immigration document and its conditions apply.
If the application is refused, the person should immediately review whether restoration, another immigration option or departure from Canada is required.
Do not assume you can continue working, studying or remaining in Canada under the previous maintained-status conditions after refusal.
Learn About RestorationMAINTAINED STATUS OR RESTORATION?
These concepts are related, but they describe very different immigration situations.
Generally arises when an eligible extension or change application was submitted before temporary status expired.
May be relevant after temporary resident status has already been lost, subject to separate eligibility and timing requirements.
STATUS REVIEW
The answer depends on the exact dates, application type and immigration conditions involved in your case.
Identify whether you were a visitor, worker or student and review the conditions on your immigration document.
Determine exactly when your previous authorized temporary status expired.
Identify whether you applied for a visitor record, work permit, study permit or another immigration document.
Verify that IRCC received the application before your previous status expired.
Confirm whether you may remain, work or study while IRCC processes the application.
IMPORTANT INFORMATION
Maintained status is often misunderstood. It can allow a person to remain legally in Canada while an application is pending, but it does not necessarily preserve every activity they were previously authorized to perform.
Whether you may work or study depends on your previous immigration status, the application you submitted, the conditions of your previous permit and whether you remain in Canada.
Travel, changing immigration categories, changing employers or filing after expiry can significantly affect the analysis.
AddPlus Immigration Solutions Inc. can review your permit, expiry date, application submission and current circumstances to help determine whether maintained status applies and what activities remain authorized.
Contact UsPROTECT YOUR TEMPORARY STATUS
Tell us what immigration document you held, when it expired and what application you submitted, and let our team help you understand whether maintained status applies to your situation.
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