How Does Maintained Status or Implied Status Affect Temporary Status Holders in Canada?

3.25 minute read

"As a temporary visitor or resident in Canada, it is your responsibility to ensure that your status stays valid throughout the duration of your stay. That means you must apply to extend your visitor visa status before it expires. But what happens if your status expires before your application to extend has been approved? In this case, you can legally stay in Canada under the conditions of your previous permit/visa. This is known as “maintained status” or “implied status”. This legal status will be valid until a decision is made on your application for renewal."

Written by My Visa Source Team
Published on: Jun 7, 2021

As a temporary visitor or resident in Canada, it is your responsibility to ensure that your status stays valid throughout the duration of your stay. That means you must apply to extend your visitor visa status before it expires. But what happens if your status expires before your application to extend has been approved? In this case, you can legally stay in Canada under the conditions of your previous permit/visa. This is known as “maintained status” or “implied status”. This legal status will be valid until a decision is made on your application for renewal.

During this period, the conditions of your previous visa will apply. That means, under maintained status, you will be allowed to work, study or continue your stay based on the conditions of your work permit, study permit or visitor visa.

What Is the Difference Between Maintained Status and Implied Status in Canada?

There is no fundamental difference between the two except the name. In 2021, the government body of Immigration, Refugees and Citizenship Canada (IRCC) changed the name of “implied status” to “maintained status” as the former caused much confusion among officers and applicants as implied is not a typical term used to describe legal status. Therefore, it was changed to ‘maintained status’ to clarify to applicants that this status is a benefit for applying for an extension of their current legal status in Canada.

How Can You Apply for Maintained Status?

To get maintained status, you must have held a valid temporary resident visa in Canada that you applied for an extension for before it expired. This automatically grants you maintained status in Canada to continue your stay legally.

However, the conditions of your stay might be changed. You may not be allowed to continue work or study during your maintained stay. It entirely depends on your situation. You will only get maintained status if you have applied for an extension of your current status before it expires. The IRCC suggests that you apply for an extension 30 days before your current visa expires.

What Happens If Your Work Permit Expires?

Most of the time, you are allowed to continue working when you have applied for a new work permit and your current one expires given that your work conditions must remain the same as your original work permit and you do not leave Canada during this period.

However, if you have applied for a new work permit through the International Experience Canada (IEC), then you must wait until your application is approved to begin working again.

Also, applying for a new visa will change your conditions of stay. If you are currently on a work permit and you apply for a study permit, then you can not continue working once your current work permit expires. However, you can not also leave Canada before a decision on your study permit application is made.

What Happens If You Leave Canada on Maintained Status?

If you leave Canada while on maintained status, then you forfeit your right to continue working or studying or staying in Canada until a decision is made on your application. You can not return until your application for an extension or new visa is approved. Therefore, it is advised that you do not take this decision lightly.

What Happens If Your Application for Extension is Rejected?

If your application for extension is rejected for any reason, then you will no longer have maintained status in Canada. See Immigration Refusals. You will be required to stop working or studying unless your current one is still valid. You will have 90 days to apply for restoration of your status until you are required to return to your home country.