Published by Pivot North Immigration – June 2025
Are you a temporary resident in Canada? Whether you’re on a study permit, work permit, or visitor visa, it’s critical to understand the updated rules for maintained status.
As of May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has introduced new guidance that affects anyone who submits multiple or subsequent applications to extend their stay in Canada.
Let’s break down what changed—and what you must do to protect your legal status.
🔍 What Is Maintained Status?
Maintained status (formerly known as implied status) allows you to stay in Canada legally while IRCC processes your extension application—but only if:
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Your application is submitted before your current permit expires, and
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You remain physically in Canada throughout the processing period.
This applies to:
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🧑💼 Workers applying to extend their work permits
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🎓 Students applying to extend their study permits
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✈️ Visitors applying to extend their stay
📌 Important: The authority for maintained status is outlined in R183(5) of the Immigration and Refugee Protection Regulations (IRPR).
⚠️ What Changed on May 28, 2025?
IRCC has updated its policy regarding second or subsequent applications submitted while on maintained status.
If your first application is refused, and you submit a second application after your status has expired, you are no longer covered by maintained status. Your second application will be refused. You must then apply for restoration of status, if eligible.
🗂️ Old vs. New: Maintained Status Based on Second Application Timing
| 🕒 When 2nd Application Is Submitted | ✅ First App Approved | ❌ First App Refused |
|---|---|---|
| Before status expiry | New status applies | Maintained status continues while 2nd app is processed |
| After status expiry | New status applies | No maintained status → 2nd application is refused |
🚫 Why Did IRCC Change the Rules?
IRCC aims to stop the misuse of maintained status through “dummy” or placeholder applications submitted by individuals not eligible to extend their stay—just to buy time.
The changes:
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Increase accountability
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Prevent ineligible applicants from remaining in Canada on a technicality
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Reinforce the importance of submitting complete and eligible applications on time
🧳 What If You Leave Canada While on Maintained Status?
Maintained status ends automatically if you leave Canada.
Even if you are allowed to re-enter, you will be treated as a new temporary resident, and you may not resume work or study until IRCC approves your pending application.
❗ If your new permit has not been issued before re-entry, you must prove that you have sufficient means of support and won’t work or study without authorization.
📆 What Happens If Your Application Is…
✅ Approved:
Your status is extended based on the new permit. You are in status continuously.
❌ Refused:
You are in status until the day the refusal decision is made, and the 90-day restoration period starts from that date.
🔁 Withdrawn:
The moment your application is officially withdrawn, your authorized stay ends.
📤 Rejected (Incomplete):
It’s treated as if it was never submitted. Your legal status ends when your original permit expires.
⏳ The Importance of Application Timing
IRCC uses Coordinated Universal Time (UTC) to determine whether an online application was submitted before expiry.
If your status expires at 11:59 p.m. UTC, an application submitted at 12:00 a.m. UTC the next day is late, and you won’t benefit from maintained status.
🛠️ How to Stay Protected Under Maintained Status
To protect your legal status in Canada:
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✅ Submit your extension application before your permit expires
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✅ Avoid relying on placeholder (“dummy”) applications
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✅ If your circumstances change, submit a genuine second application before expiry
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✅ Never assume that you’re protected after status expiry unless IRCC confirms it
📣 What If You’re Out of Status?
If both your original status and maintained status have expired, you may still be eligible to apply for restoration of status within 90 days of losing status.
🔗 Learn more about the restoration of status
💬 Need Help With Your Status?
The rules surrounding maintained status and restoration can be confusing—but you don’t have to navigate it alone.
At Pivot North Immigration, we are here to help you:
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Stay in Canada legally
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Submit strong, complete applications
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Avoid costly mistakes or refusals
📅 Book a consultation today and stay on track with your immigration goals.