Maintained status: What do I need to know?

Lakeem Rose
Published: September 13, 2024

If your current permit is expiring and you wish to remain in Canada past its expiration date, you may be able to remain in Canada under maintained status.

Maintained status enables you to stay in Canada under the conditions of your expired permit until Immigration, Refugees and Citizenship Canada (IRCC) has made a decision on your application for an extension. You must apply for maintained status before your current permit expires.

Read on for answers to some frequently asked questions about maintained status.

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What is maintained status?

Maintained status allows an individual to legally remain in Canada after their permit has expired, provided they have applied for a new one before the original permit expires.

A foreign national can remain in Canada under the conditions of their expired permit until a decision has been made regarding their application. Maintained status generally applies to individuals or families who have applied for an extension of their work permit, study permit, or visitor status.

Do I need to apply for maintained status?

No. If you remain in Canada and IRCC receives your application for an extension prior to your current permit expiring, you will automatically benefit from maintained status.

When should I apply for an extension to benefit from maintained status?

The cutoff time for applications is 00:00 UTC (Co-ordinated Universal Time) of the date your permit is due to expire. If the application is not received by this deadline, you will not get maintained status.

Will my family also be granted maintained status?

An application to extend must be submitted for each permit holder. If your family has been authorised to stay with you in Canada under the conditions of your current permit, they will be allowed to remain in Canada under maintained status. Family members holding their own permits will have to apply themselves.

What is the difference between maintained status and implied status?

None besides the name. “Maintained status” was formerly called “implied status.” IRCC introduced the term “maintained status” in February 2022.

Can I still work on maintained status?

Yes: if your expired permit allowed you to work, maintained status allows you to continue working under the same conditions as your expired permit. IRCC must have received your application prior to the expiry of your permit, and you must remain in Canada. To benefit from this, you must apply for a new permit before it expires.

Remember that the conditions of the permit for which you have applied will not come into effect until IRCC has processed your application. Maintained status only gives you the ability to keep the status of your expired permit until IRCC has decided on your application.

For example, if you began working on a closed permit, and applied for an open work permit, you will have to wait until a decision is made before you can change employers.

Can I still study on maintained status?

Yes, if your original permit allowed for study, maintained status will allow you to continue to study under the conditions of your expired permit until IRCC has made a decision on your application.

IRCC must have received your application prior to the expiry of your permit, and you must remain in Canada.

If your study permit is tied to a particular institution, maintained status will only allow you to study at the same institution.

If you intend to begin study at an institution not listed on your expired permit, you must wait until IRCC has approved your application for a permit that allows for study at the new school.

How long does maintained status last?

Maintained status will last from the date IRCC receives your application until a decision has been made on the application, provided you remain in Canada.

Can I leave and re-enter Canada on maintained status?

No. You have maintained status only so long as you remain in Canada. The moment you leave Canada, you no longer have maintained status, and you will not be allowed to enter based on your expired permit.

If you choose to leave Canada, thereby forfeiting your maintained status, you may be able to re-enter as a visitor if you have a multiple-entry visa, or if you are temporary resident visa (TRV)-exempt.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

Can I leave Canada on maintained status and still work or study on when I return?

No. If your permit has expired and you have maintained status, you retain that maintained status only so long as you remain in Canada.

The moment you leave Canada, you lose maintained status. If you leave Canada and are re-admitted on a visitor record, you will have to wait until IRCC has approved your new application before you can legally return to work or study.

Can maintained status be granted if my permit has already expired?

No. To benefit from maintained status, IRCC must have received your application before your permit expires. If you submit your application after your permit has expired, you will not have maintained status.

If I apply for a different permit, can I continue the activities on my previous permit?

No. You must cease working/studying on the expiration date of your previous permit and await a decision to be made regarding your new one.

How does maintained status impact eligibility for public health insurance in Canada?

How immigration status impacts a newcomer's eligibility for public health insurance varies based on the province.

For example, Alberta will not extend your healthcare coverage while on maintained status; whereas British Columbia will allow you to apply for an initial 6 months of temporary health care coverage, with more provided if applicable.

You can check your local government’s provisions for health insurance while on maintained status.

What happens to maintained status if my application to extend is refused?

It ends. Maintained status lasts only until IRCC has decided on your application. If IRCC refuses your application, you lose your status immediately.

If your application is refused, you may be able to apply for restoration of status in some cases.

What documents do I need to prove I am legally in Canada on maintained status?

Your expired permit, and proof of submission of your application. If you applied online, you will usually have received an acknowledgement of receipt (AOR). If you applied on paper, you can use copies of your application along with proof of the delivery of your application to IRCC (for example, tracking information from Canada Post or a courier).

What happens if my application is rejected as incomplete?

You will not get maintained status if IRCC rejects your application as incomplete. IRCC treats a rejected application the same as if an application was never submitted.

If the permit extension for which you applied is still valid, you can submit another application to IRCC, which can get you maintained status if received prior to expiry of your current permit.

If your application was rejected as incomplete, and your permit has already expired, you cannot get maintained status.

What happens if I submit multiple applications?

If you submit multiple applications for extension in the same processing period, officers will process both.

See the table below for more detail on how this works.

Source: Government of Canada/Canada.ca

Application StatusOutcome
Second application submitted while first is being processed. The first application will determine your status.
First application approved while second is still being processed. The second application may change your status and authorisation if a separate decision is made.
First application is rejected and the second is received before your permit expires. You will have maintained status until a decision is made on the second application.
First application is refused, and the permit expires before the second is received. The period of authorised stay is extended, but there is no continued authority to study or work until a decision is made regarding your new permit.

Schedule a Free Work Permit Consultation with the Cohen Immigration Law Firm

 

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