Implementation of New Maintained Status Rules

Hello world! In this post, we will explain the new rules regarding Maintained Status introduced by Immigration, Refugees and Citizenship Canada (IRCC), which took effect on May 28, 2025.

What is Maintained Status?

Maintained Status is a system that allows temporary residents in Canada—such as visitors, workers, or students— to stay in the country legally under the same conditions as their original permit if they apply to extend their visa before it expires. However, this only applies if the applicant stays inside Canada while waiting for a decision on their application.

Letters to prove Maintained Status
If you apply to extend Work Permit online, IRCC will send you a letter (“Work Permit extension except post-graduation Work Permit”) through your IRCC online account. This letter proves that you are allowed to keep working under the same conditions as your current Work Permit until they finish processing your application.

The letter includes an expiry date, but even if IRCC doesn’t finalize your application by that date, you can still legally keep working until they make a decision—as long as the work follows the same rules as your original permit.

If your employer or others ask for proof that you can continue working, you can show them this webpage.

https://www.canada.ca/en/immigration-refugees-citizenship/services/work-canada/extend/expired-permit.html

When Maintained Status Does Not Apply
It is important to note that Maintained Status does not apply when switching permit types.
For example, if a person currently on a Work Permit applies for a Study Permit, they cannot continue working or studying once the original permit expires. The original conditions end as soon as the current status expires when switching permit types.

What Changed in the New Rules?

Even if a new situation arises while an applicant is under Maintained Status, the applicant is allowed to submit a second extension application. Now the recent update clarifies how Maintained Status applies when multiple extension applications are submitted.

Previous Rules

  • If the first application is refused and the second application is submitted while the original permit is still valid :
    →The applicants could legally remain in Canada as Maintained Status until the decision on the second application was made.
  • If the first application is refused and the second application is submitted after the original permit has expired :
    →The applicant could stay in Canada until the decision on the second application was made, but was not allowed to work or study.

New Rules (Effective May 28, 2025)

  • If the first application is refused and the second application is submitted while the original permit is still valid :
    → The applicant continues to benefit from Maintained Status. This means they can remain in Canada legally and continue working or studying under the same conditions until a decision is made on the second application. (This remains consistent with previous rules)
  • If the first application is refused and the second application is submitted after the original permit has expired :
    Maintained Status ends immediately when the first application is refused. Even if the second application is already submitted and pending review, it will be rejected or returned, and the applicant will no longer be allowed to stay in Canada legally.
    If the applicants are eligible, they may apply for a Restoration of Status within 90 days from the date of the refusal of the first application.

For further details on this announcement, please visit the official IRCC webpage below.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/visitors/implied-status-extending-stay.html

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With this rule change, it’s more important than ever to apply for the extensions at the right time. If you need help or advice with your extension application, feel free to contact us here.

“You are one step closer to Canada!”

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