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June 5, 2025
Cassandra Fultz, RCIC-IRB
Understanding Maintained Status in Canada: What Temporary Residents Need to Know in 2025
If you’re in Canada on a temporary resident visa—whether as a worker, student, or visitor—it’s important to understand how you can legally stay in Canada when your status is about to expire. This is where something called maintained status (formerly known as implied status) comes in.
What Is Maintained Status?
Maintained status allows you to legally stay in Canada after your current permit or status expires—as long as:
- You apply to extend your status before it expires, and
- You remain in Canada while waiting for a decision.
This applies to most temporary residents, including visitors, students, and workers.
Do I Still Have the Right to Work or Study?
Maintained status keeps you in legal temporary resident status while your extension is being processed. But that doesn’t automatically mean you can keep working or studying. Here’s how it works:
If you applied before your permit expired and stayed in Canada:
- Workers can continue working under the same conditions as their previous work permit (same job, same employer, etc.).
- Students can continue studying under the same conditions as their previous study permit.
If you applied to switch to a different type of status:
- If you had a work permit but applied to stay as a visitor or student, you must stop working when your permit expires.
- If you had a study permit but applied to stay as a worker or visitor, you must stop studying when your permit expires.
What If I Hold a Temporary Resident Permit (TRP)?
TRPs are a special category under immigration law. If you’re applying for a new or renewed TRP, you do not benefit from maintained status. You must wait for a decision before continuing to work or study—even if you submitted your application before your TRP expired.
Travel and Maintained Status
Leaving Canada while on maintained status ends your maintained status. This is very important.
- If you re-enter Canada before receiving a new permit, you may be allowed back in—but you cannot resume work or study until your extension is approved.
- There’s one exception: if you only travel to the U.S. or St. Pierre and Miquelon, and you’re from a visa-required country, you might still be allowed to return without a new visa.
How Is the Application Deadline Calculated?
Your application to extend your status must be submitted before your current status expires. For online applications:
- The deadline is midnight Coordinated Universal Time (UTC)—not local time.
For paper applications (which are now rare):
- The date it arrives at the immigration office is what counts. Officers may allow for 7 days of mail delay, but it’s safer to submit online.
What Happens After a Decision?
- Approved: Your new status starts from the date the decision is made. If you’ve left Canada and returned, the border officer’s instructions may affect how long you can stay.
- Refused: Your maintained status ends the day your application is refused. You may apply for restoration of status within 90 days.
- Withdrawn: Your status ends on the day your application is officially withdrawn.
- Rejected (incomplete): It’s as if you never applied. You lose maintained status once your current permit expires.
Can I Apply Again While Waiting?
Yes. If you apply for a second extension before your status expires—maybe because your situation changed—both applications can be processed. If your first application is refused, but the second was submitted before your status expired, you still maintain your legal status.
But if your second application was submitted after your status expired, you’ll need to apply for restoration instead. Restoration gives you 90 days to fix your status, but you can’t work or study while waiting for restoration to be approved.
Final Takeaways
- Apply early and stay in Canada while your application is being processed.
- Don’t leave Canada if you want to keep working or studying under maintained status.
- Understand the type of extension you’re applying for—changing categories might affect your ability to work or study.
- TRP holders do not benefit from maintained status and must wait for a decision before continuing any activity.
If you’re unsure about your situation or how this applies to you, it’s always best to get legal advice. Immigration rules can be complex, and a small mistake can lead to big problems.
