Maintained status: what it allows and what it does not

1. What it is

According to IRCC, if you apply to extend your stay before the date you were supposed to leave Canada, you can legally stay until a decision is made: you have then maintained your status. For a worker whose extension is filed before the permit expires, this generally allows continuing to work under the conditions of the expired permit until a decision is made.

2. Conditions and exceptions

The application must be filed before the status expires. Temporary resident permit applicants do not benefit from maintained status, whether for an initial application or later ones. According to law firms, an application found incomplete does not give rise to maintained status: a complete file at filing is therefore essential.

3. When it ends

If the extension is refused, maintained status ends: the person must stop working or studying immediately. They may apply for restoration of status within 90 days of the refusal, but cannot work until a new permit is issued, according to Gowling WLG’s analysis. After that period, leaving Canada is generally required.

4. How to protect yourself

File well before expiry (IRCC recommends at least 30 days for a stay extension), check that the file is complete, keep the acknowledgment of receipt and have a fallback plan in case the decision is unfavourable. If you plan to travel while waiting, read our article on returning to Canada with temporary status.

Sources: IRCC — after you apply and Gowling WLG.

See also: Work permit extensions and pending LMIAs: why some are being refused

See also: Extending your stay in Canada as a visitor: the visitor record · Travelling with temporary status: can you return to Canada? · Work permit extensions and pending LMIAs: why some are being refused

Need advice on your situation?

Every file is different. To discuss it with a regulated consultant (RCIC), you can book a 45-minute consultation, contact us or call 514 558-1541.

This article is for information only and does not replace personalized advice. Always check current requirements on the IRCC website.