Maintained status in Canada - Everything you need to know

When your current permit in Canada is about to expire, and you wish to stay in the country longer, you can do so through maintained status. This status allows you to stay in Canada under the same conditions as your expired permit until you wait for IRCC’s decision on your extension application. It is important to submit an application for maintained status before your current permit expires. Below, you will learn everything about maintained status in Canada.

An Overview of Maintained Status

When an individual’s permit expires maintained status allow them to live in Canada legally, but they have to submitted an application for a new permit before the original one expires. Under maintained status, foreign nationals can continue to stay in Canada under the conditions of their expired permit until a final decision is made on their application. This status typically pertains to individuals and families who have asked for an extension of their work, study, or visitor visas.

Is it necessary to apply for maintained status?

No, an application for maintained status is not required. If your current permit expires while you are in Canada and the IRCC receives your application for an extension before then, you will automatically be awarded maintained status.

When is the best time to apply for an extension to ensure you receive maintained status?

On the day your permission expires, you must submit your application by 0:00 UTC. Should it not be received by this deadline, you will forfeit the chance to be granted maintained status.

Will my family be eligible for maintained status as well?

Each permit holder must submit an application for an extension. Your family may remain in Canada under maintained status if they are permitted to do so by the terms of your existing permit. Family members who possess separate permits need to apply on their own behalf.

How does maintained status differ from implied status?

Other than name, there is no distinction between implied and maintained status. Prior to the IRCC updating the word to “maintained status” in February 2022, the phrase “implied status” was used.

Is it possible to continue working while on maintained status? 

If you were able to work before to the expiration of your permit, you can keep working under the same restrictions by keeping your status. In order for this to be applicable, you must have stayed in Canada throughout the time that your original permit expired and IRCC must have received your application.

You must apply for a new permit before the existing one expires in order to benefit from retained status. It is crucial to remember that until the IRCC processes and accepts your application, the terms of the new permit you are requesting for will not be applicable. You can continue to be under the terms of your expired permit while you are in maintained status until that decision is made.

For example, if you apply for an open work permit while operating under a closed work permit, you will not be able to switch employers until the IRCC has decided on your new permit application. Maintained status merely extends the terms of your prior permit until a final decision is made; it does not confer the new privileges or conditions that you are seeking.

Does maintained status permit me to continue my studies? 

If your first visa allowed you to pursue education, you can do so under maintained status, which enables you to do so until IRCC decides how to proceed with your fresh application. You must stay in Canada throughout this time in order to be eligible for this maintained status; also, the IRCC must have received your application prior to the expiration of your present permit.

If you have a study permit that is explicitly associated with an institution, being in maintained status will only allow you to complete your studies there. During this time, you are not permitted to change schools unless your expired authorization permitted it.

You must wait until the IRCC has accepted your application for a new permit that expressly permits you to study at the new university if you intend to begin attending classes at an institution that is not included on your current one. Your expired permit’s terms are simply extended while you are in maintained status, pending the outcome of your new application. You are not empowered to make this change.

What is the duration of maintained status? 

Maintained status is valid from the day IRCC receives your application until they make a decision. This is true as long as you remain in Canada during this period.

Does maintained status permit travel outside and re-entry into Canada?

No, maintained status is only good for the duration of your stay in Canada. You forfeit this status and are unable to use your expired permission to re-enter Canada if you depart the nation.

Should you choose to depart from Canada and therefore forfeit your maintained status, you may be eligible to re-enter as a guest, provided that you are ineligible for a Temporary Resident Visa (TRV) or have a multiple-entry visa.

If I leave Canada while on maintained status, can I still work or study when I return? 

No, you only retain maintained status for the duration of your stay in Canada. This applies if your permit has expired and you are in that situation.

You forfeit your maintained status the moment you depart Canada. If you return to Canada and are admitted on a visitor record, you won’t be able to legally resume work or study. This is the case until IRCC approves your new application.

Is maintained status an option if my permit is already expired? 

No, if your permission has already expired, you are not eligible for maintained status. You must have applied to IRCC before the expiration of your permit in order to be eligible for maintained status. Should your application be submitted after the permission has ended, you will not be qualified for status maintenance.

Can I continue the activities permitted under my old permit while applying for a new one? 

No, you have to wait for the outcome of your new permission application and cease working or attending school when your current permit expires.

How does maintained status influence access to public health insurance in Canada?

The province determines how a newcomer’s immigration status affects their eligibility for public health insurance.

For example, in Alberta, if you are on maintained status, your access to healthcare will not be renewed. British Columbia allows you to apply for temporary health care coverage for the first six months. There is also the possibility of extending this coverage if necessary.

It’s a good idea to review the regulations set by your local government. This will help you understand the health insurance options available while on maintained status.

What occurs to maintained status if my extension application is denied?

As soon as IRCC decides on your application, maintained status expires. If the IRCC rejects your application, you lose your status right away.

If your application is denied, you may occasionally be able to submit an application for status restoration.

What paperwork is necessary to confirm my legal status in Canada while on maintained status?

You must present proof of your application submission and your expired permit in order to demonstrate your legal position as a maintained immigrant in Canada. You should have received an acknowledge of receipt (AOR) if you applied online. If you applied on paper, use copies of your application and proof of delivery. This proof can include tracking information from a courier or Canada Post.

What occurs if my application is deemed incomplete and therefore rejected?

You won’t get maintained status if the IRCC rejects your application for being incomplete. An application that is denied is regarded as never having been submitted.

You can reapply to IRCC if the permit extension you requested is still in effect. If this new application is submitted before your present permit expires, it may be able to offer you maintained status.

If your application was rejected because it was incomplete, you won’t qualify for maintained status. Additionally, if your permit has already expired, you will not be eligible for maintained status.

What is the impact of filing multiple applications?

If you submit multiple extension applications within the same processing period, immigration officers will review and process each of them.

For detailed information on how this process works, refer to the points provided below.