Maintained Status in Canada: Your Questions Answered

By Pooneh Ghasvareh, RCIC · Verify RCIC registration

Can you legally stay in Canada after your work permit, study permit, or visitor status expires? Can you continue working or studying? What happens if your application is refused?

These are common questions for temporary residents who have applied to extend their stay in Canada and are waiting for a decision from Immigration, Refugees and Citizenship Canada (IRCC).

Canadian immigration law provides protection known as maintained status, previously called implied status. However, this protection has important conditions and limitations.

Below, we answer some of the most frequently asked questions about maintained status in Canada.

1. What is maintained status in Canada?

Maintained status allows certain temporary residents to remain legally in Canada after their authorized period of stay expires, provided they submitted an application to extend their stay before their existing status expired. Under sections 183(5) and 183(6) of the Immigration and Refugee Protection Regulations (IRPR), their temporary resident status continues while IRCC processes the application. Maintained status does not mean the extension will be approved, and it does not automatically grant permission to work or study.

2. Is maintained status the same as implied status?

Yes. Maintained status and implied status refer to the same legal concept. IRCC previously used the term "implied status" but now calls it "maintained status." The change in terminology did not fundamentally change the legal protection available to eligible temporary residents who apply to extend their stay before their status expires.

3. Who is eligible for maintained status?

Visitors, foreign workers, and international students may qualify for maintained status if they submit a valid application to extend their authorized stay before their existing status expires and remain in Canada while awaiting a decision. However, the ability to continue working or studying depends on additional requirements. Simply submitting an immigration application does not automatically qualify someone for maintained status.

4. How long can I remain in Canada under maintained status?

Maintained status generally continues until IRCC makes a decision on your extension application. If your application is approved, your authorized stay continues according to the new approval. If it is refused, maintained status ends when the refusal decision is communicated to you. There is no fixed maximum number of days for maintained status; its duration generally depends on how long IRCC takes to process the application.

5. Can I continue working after my work permit expires?

Yes, in certain circumstances. Under section 186(u) of the IRPR, you may continue working if you applied to renew your work permit before it expired, remained in Canada after its expiry, and continue working under the conditions of your previous permit. For example, if your expired work permit authorized employment with a particular employer, you generally must continue working for that employer under the existing conditions until IRCC decides your application.

6. Can I change employers while I am on maintained status?

Generally, maintained status does not allow you to change employers if your expired work permit was employer-specific. You must continue complying with the employment conditions of that permit, including any restrictions on your employer, occupation, or work location. Changing employers may require a new work authorization or an applicable public-policy exemption (see public policy Extend or change the conditions on your work permit: Changing jobs or employers – Canada.ca). If you held an open work permit, your ability to continue working is generally governed by the conditions of that permit.

7. Can I continue studying after my study permit expires?

Yes, provided you submitted an application to renew your study permit before it expired, remained in Canada, and continue complying with your previous study permit conditions. Section 189 of the IRPR permits qualifying students to continue studying while IRCC processes their renewal applications. Students must also comply with applicable requirements relating to enrolment and actively pursuing their studies.

8. Can a visitor work in Canada while waiting for a work permit application?

No. Being legally allowed to remain in Canada under maintained status does not automatically authorize employment. For example, a visitor who applies for a work permit cannot begin working merely because the application is pending. The person must have an independent legal authorization to work, such as a valid work permit or an applicable exemption under Canadian immigration law.

9. What happens if I submit my extension application after my status expires?

If you submit your extension application after your authorized stay expires, you generally do not qualify for maintained status. However, you may be eligible to apply for restoration of temporary resident status within 90 days of losing your status, provided you meet the applicable requirements. Restoration is different from an extension application, and submitting a restoration request does not automatically authorize you to work or study while waiting for a decision.

10. What happens if IRCC returns my application because it is incomplete?

An application returned as incomplete may be treated as though it was never properly submitted. This can have serious consequences if your previous status has already expired. Canadian courts have confirmed that an incomplete application returned by immigration authorities may not establish maintained status. Therefore, submitting an application before the deadline is not enough by itself; it must also satisfy the applicable completeness requirements, including forms, supporting documents, and fees.

11. What happens if my extension application is refused?

If IRCC refuses your application, your maintained status generally ends when the refusal decision is communicated to you. If you were working or studying under maintained-status provisions, your related authorization also ends. Depending on your circumstances, you may be eligible to apply for restoration within 90 days or consider other legal remedies. You should carefully review the refusal decision and act promptly because some available remedies have strict deadlines.

12. Can I continue working if I apply for restoration of status?

No. An application for restoration does not provide maintained status or automatically authorize employment. If you lose your status and apply for restoration, you generally must stop working or studying until your status and the required authorization are restored or another applicable authorization is obtained. Working without authorization during this period can negatively affect future immigration applications.

Questions about extending your stay, working or studying under maintained status? Book a 30-minute immigration consultation to discuss your circumstances.

13. Can I travel outside Canada while I am on maintained status?

Travelling outside Canada while on maintained status can have significant consequences. In particular, foreign workers and international students who leave Canada after their permits expire generally cannot rely on the same maintained-status provisions to resume working or studying upon their return. Re-entry also depends on meeting Canada's entry requirements. A valid visa or electronic travel authorization does not, by itself, guarantee admission or permission to resume work or studies.

14. Can I travel to the United States and return to Canada while on maintained status?

Certain temporary residents may benefit from a limited visa exemption when returning to Canada after travelling solely to the United States or St. Pierre and Miquelon, under section 190(3)(f) of the IRPR. However, this exemption concerns visa requirements and does not guarantee admission to Canada or preserve authorization to work or study. Travelling while on maintained status should therefore be considered carefully, even for a short trip across the border.

15. Can I submit a second extension application while my first application is still pending?

Submitting a second application does not necessarily extend maintained status or preserve work or study authorization. The legal consequences depend on the application type, timing, and existing immigration status. In particular, work and study permit renewal provisions require applications to be submitted before the relevant permit expires. A second application made after that date should not be assumed to create a new authorization to continue working or studying.

16. How can I prove that I have maintained status?

Maintained status is a legal protection rather than a separate immigration document. To demonstrate that you qualify, keep copies of your previous work permit, study permit, or visitor record, along with confirmation that your extension application was submitted before your status expired. Your payment receipt, submission confirmation, application number, and any relevant IRCC correspondence may help demonstrate your eligibility to employers, educational institutions, or other organizations.

17. Can I apply for permanent residence while I am on maintained status?

Yes. Having maintained status generally does not prevent you from applying for permanent residence, provided you meet the eligibility requirements of the immigration program. However, some permanent residence programs have specific requirements regarding your temporary resident status and may not accept applicants who are on maintained status (formerly known as implied status).

It is also important to understand that submitting a permanent residence application does not automatically extend your temporary resident status or authorize you to work or study in Canada. While your permanent residence application is being processed, you must continue to maintain valid temporary resident status or otherwise comply with the applicable immigration requirements.

18. Can I apply for a different type of permit while I am on maintained status?

You may be eligible to submit an application for a different type of temporary resident authorization, depending on the immigration category and applicable requirements. However, changing from visitor to worker, worker to student, or another category does not automatically grant the rights associated with the new status. Your authorization to work or study depends on the specific immigration regulations and any applicable exemptions, not simply on having an application in progress.

19. What happens if my passport expires while I am on maintained status?

Passport validity can affect the duration and outcome of a temporary resident extension or permit renewal application. IRCC generally cannot issue work or study permits beyond the applicable passport validity period. If your passport is approaching expiry while your application is pending, you should review your renewal options and determine whether IRCC needs updated passport information. Renewing your passport does not itself extend your immigration status.

20. Can I apply for maintained status from outside Canada?

No. Maintained status under section 183(5) concerns the extension of an existing period of authorized temporary residence in Canada. A person applying from outside Canada does not obtain maintained status simply because they have submitted an application for a Canadian visa, study permit, or work permit. Different rules govern applications submitted abroad and admission to Canada.

21. Can IRCC refuse my application even though I have maintained status?

Yes. Maintained status only allows an eligible person to remain in Canada while IRCC processes an extension application. It does not guarantee that the applicant meets the requirements for approval. IRCC may still refuse the application because of eligibility concerns, insufficient supporting documents, inadmissibility, or failure to meet other applicable requirements.

22. What should I do if my extension application has been pending for a long time?

If your application is taking longer than the normal processing period, you should first confirm that it remains active and review your IRCC account for correspondence or document requests. You may also contact IRCC to request an update. In cases involving unusually prolonged delays, additional legal options, including an application for an order of mandamus from the Federal Court, may be available where the legal requirements are met.

23. What is the difference between maintained status and restoration of status?

Maintained status generally applies when you submit a valid extension application before your authorized stay expires and are waiting for IRCC's decision. Restoration applies after you have already lost your temporary resident status and seek to regain it within the prescribed period, usually 90 days. The most important practical difference is that eligible workers and students may be authorized to continue their activities under maintained status, while a restoration application does not itself allow them to work or study.

24. What should I do before my work permit, study permit, or visitor status expires?

You should confirm the exact expiry date of your authorized stay and determine whether you need to apply for an extension, renewal, or change of status. Submit a complete application before the deadline, including all required supporting documents and fees. Keep your submission records and continue complying with your existing immigration conditions. Applying early also gives you more time to address potential application issues before your current authorization expires.

Need Help Maintaining Your Legal Status in Canada?

Understanding maintained status is especially important when your work permit, study permit, or visitor status is approaching expiry, when you are considering international travel, or when an immigration application has been refused.

At Ponderosa Immigration, we can help you understand your temporary resident status, assess your extension or restoration options, and identify the immigration requirements that apply to your circumstances.

Book a consultation with Ponderosa Immigration to discuss your situation before making decisions that could affect your ability to remain, work, or study in Canada.

Questions about extending your stay, working or studying under maintained status? Book a 30-minute immigration consultation to discuss your circumstances.

Disclaimer: This article provides general information about Canadian immigration law and is not individualized legal advice. Immigration requirements and IRCC policies may change, and the appropriate course of action depends on the facts of each case.

Official Government Sources

Immigration and Refugee Protection Regulations (IRPR), section 183

IRCC: Extend or change your work permit and maintain your status

IRCC: Renew your study permit or restore your status

IRCC: Restore your status as a worker

IRCC: Change jobs or employers on a work permit

Related Immigration Resources

Ponderosa Immigration Services · Request immigration guidance