November 19, 2024

If your current permit is about to expire and you want to stay in Canada beyond that date, you might be eligible for maintained status.

Maintained status allows you to remain in Canada under the terms of your expired permit while Immigration, Refugees and Citizenship Canada (IRCC) processes your extension application. To qualify for maintained status, you must submit your application before your current permit expires.

Continue reading for answers to common questions about maintained status.

What is Maintained Status?

Maintained status allows an individual to legally stay in Canada after their permit has expired, provided they applied for a new one before the original permit expired. Under maintained status, a foreign national can remain in Canada under the conditions of their expired permit until a decision is made regarding their application. This typically 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, you do not need to apply separately for maintained status. If you remain in Canada and IRCC receives your extension application before your current permit expires, you will automatically benefit from maintained status.

When Should I Apply for an Extension to Benefit from Maintained Status?

The application cutoff time is 00:00 UTC (Coordinated Universal Time) on the date your permit is set to expire. If your application is not received by this deadline, you will not qualify for maintained status.

Will My Family Also Be Granted Maintained Status?

An extension application must be submitted for each permit holder. If your family members are authorized to stay with you in Canada under the conditions of your current permit, they will also be allowed to remain under maintained status. However, family members with their own permits will need to apply individually.

What is the Difference Between Maintained Status and Implied Status?

There is no difference beyond the name. “Maintained status” was previously referred to as “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 permits you to continue working under the same conditions. IRCC must have received your application before your permit expired, and you must remain in Canada. However, the conditions of the new permit will not take effect until IRCC processes your application. For instance, if you are on a closed permit and apply for an open work permit, you must wait for a decision before changing employers.

Can I Still Study on Maintained Status?

Yes, if your original permit allowed for studying, maintained status permits you to continue studying under the same conditions until IRCC decides on your application. You must remain in Canada, and your application must be received before your permit expires. If your study permit is tied to a specific institution, maintained status will only allow you to study there. If you wish to attend a different institution, you must wait for IRCC to approve your application for a permit that allows you to study at the new school.

How Long Does Maintained Status Last?

Maintained status lasts from the date IRCC receives your application until a decision is made on it, as long as you remain in Canada.

Can I Leave and Re-enter Canada on Maintained Status?

No, maintained status is only valid while you remain in Canada. If you leave, you will lose your maintained status and will not be allowed to re-enter based on your expired permit. If you decide to leave Canada and forfeit your maintained status, you may be able to return as a visitor if you hold a multiple-entry visa or if you are exempt from needing a temporary resident visa (TRV).

Can I Leave Canada on Maintained Status and Still Work or Study When I Return?

No, if your permit has expired and you have maintained status, you retain that status only as long as you remain in Canada. The moment you leave, you lose your maintained status. If you leave Canada and are re-admitted on a visitor record, you must wait until IRCC approves your new application before you can legally resume work or study.

Can Maintained Status Be Granted If My Permit Has Already Expired?

No, to benefit from maintained status, IRCC must receive your application before your permit expires. If you submit your application after the expiration, you will not have maintained status.

If I Apply for a Different Permit, Can I Continue Activities Under My Previous Permit?

No, you must stop working or studying on the expiration date of your previous permit and await a decision on your new application.

How Does Maintained Status Impact Eligibility for Public Health Insurance in Canada?

Eligibility for public health insurance varies by province based on immigration status. For example, Alberta does not extend healthcare coverage while on maintained status, whereas British Columbia allows you to apply for an initial six months of temporary health care coverage, with the possibility of further extension if applicable. 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?

Maintained status ends if IRCC refuses your application. It is only valid until IRCC makes a decision. If your application is refused, you lose your status immediately. However, you may be able to apply for restoration of status in certain cases.

What Documents Do I Need to Prove I Am Legally in Canada on Maintained Status?

You will need your expired permit and proof of submission of your application. If you applied online, you typically receive an acknowledgment of receipt (AOR). If you applied by paper, you can use copies of your application along with proof of delivery to IRCC, such as tracking information from Canada Post or a courier service.

What Happens If My Application Is Rejected as Incomplete?

If IRCC rejects your application as incomplete, you will not receive maintained status, as IRCC treats a rejected application the same as if it was never submitted. If the permit extension you applied for is still valid, you can submit another application to IRCC, which may grant you maintained status if received before your current permit expires. However, if your application was rejected and your permit has already expired, you cannot obtain maintained status.

Maintained Status: Key Information You Should Know
Maintained Status: Key Information You Should Know

What Happens If I Submit Multiple Applications?

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

Application Status Outcomes

  • Second application submitted while the first is being processed: Your status will be determined by the first application.
  • First application approved while the second is still being processed: The outcome of the second application may alter your status and authorization if a separate decision is made.
  • First application is rejected, and the second is received before your permit expires: You will retain maintained status until a decision is reached on the second application.
  • First application is refused, and the permit expires before the second is received: While your period of authorized stay is extended, there is no continued authority to study or work until a decision is made regarding your new permit.

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