Maintained Status Explained: How to Stay Legally in Canada During Permit Renewal

Maintaining legal status in Canada is crucial for temporary residents, including workers, students, and visitors. A critical safeguard in Canada’s immigration system is maintained status, also known as implied status. This provision allows individuals to remain in Canada legally after they have applied to renew their status and applications are being processed.

This guide is a comprehensive look at maintained status, its conditions, and what happens if status is lost.

What Is Maintained Status?

Maintained status ensures that temporary residents who apply for a permit renewal before their current permit expires can continue their activities – whether working, studying, or visiting – under the same conditions.

This status is granted automatically under the Immigration and Refugee Protection Regulations (IRPR) and remains valid until a decision is made on the renewal application. For example, a worker who applies to extend their work permit before it expires can continue working under the same conditions as the expired permit while awaiting a decision.

Eligibility

Maintained status only applies if the renewal application is submitted before the permit expires. Applicants have until the last day of the permit’s validity. Eligibility conditions include:

• The individual must remain in Canada while waiting for a decision.
• The applicant must continue to meet the requirements of their original permit (for example, adhering to all employer or school restrictions).

Maintained status only applies to those who apply after their permit expires or leave Canada while their application is being processed.

Work Permit Holders

Eligibility and Conditions:

• Applies to both employer-specific and open work permits.
• The renewal application must be submitted before the permit’s expiration date.

Rights and Restrictions:

• Workers can continue their current job under the same conditions.
• Transitioning to a new type of work permit (for example, changing employers) requires waiting for approval before starting the new job.

Impact of Leaving Canada:

• Maintained status is lost if the individual leaves Canada before their renewal application is approved.
• Upon re-entry, the individual may enter as a visitor but can only resume work once the new permit is issued.

Study Permit Holders

Eligibility and Conditions:

• Applies to students extending their study permits.
• Students must maintain enrollment and continue their studies during maintained status.

Rights and Restrictions:

• Students can continue studying under the same conditions as their expired permits.
• They can begin a new program or change schools once the new permit is approved.

Impact of Leaving Canada:

• Like workers, students lose maintained status if they leave Canada during processing.
• Re-entry may be possible as a visitor, but they can only resume studies once the permit is renewed.
• Try not to leave the country.

Practical Tips

Timely Applications:

• Submit renewal applications at least 30 days before the current permit expires. However, you can submit your application on the last day before the permit expires.
• Ensure all required documents are included.

Proof of Submission:

• Maintain copies of application receipts to demonstrate maintained status to employers, schools, or border officials.

Track Expiry Dates:

• Use reminders to avoid missing deadlines and ensure continuous legal status.

What Happens If Maintained Status Ends?

If maintained status ends, you become “out of status.” This happens under various circumstances:

• The application is rejected or denied.
• The individual withdraws their application.
• The individual leaves Canada while awaiting a decision.

Once you are out of status, you must:

1. Stop all activities: Working or studying without a valid permit is prohibited.
2. Apply for Restoration: You must apply within 90 days of losing status to restore it. Once you have applied for restoration, you cannot work or study until your application is approved.

Applying for Restoration of Status

Here is a step-by-step guide to restoring status:

1. Prepare Documents and Tools:

• Access to a scanner or camera.
• A valid credit or debit card for fee payment.

2. Complete Forms:

• Use the IMM 5710 form, selecting “Restore my status as a worker” or student.
• Include a detailed explanation of the overstay in the “Client Information” section.

3. Pay Fees (as of December 2024):

• Restoration fee: $229.
• Work permit processing: $155.
• Open work permit fee (if applicable): $100.
• Biometrics fee (if required): $85.

4. Submit Online:

• Use an online IRCC account to pay fees, upload forms, and track the application.

5. Provide Biometrics (if requested):

• Pay the biometrics fee and follow the instructions to complete this step.

Resources and Support

• Contact immigration consultants or legal professionals for complex cases.
• Join online forums for peer advice and shared experiences.

Key Takeaways

Understanding maintained status is crucial for temporary residents in Canada. By acting proactively – submitting renewal applications on time and maintaining compliance with permit conditions – individuals can avoid disruptions to their work, studies, or stay in Canada. If status is lost, applying for restoration within the 90-day window is vital. Staying informed ensures a smoother transition and compliance with Canadian immigration rules.

FAQs About Maintained Status in Canada