Immigration, Refugees and Citizenship Canada (IRCC) has made an important update to the rules surrounding maintained status for temporary residents. These changes came into effect on May 28, 2025, and could significantly impact those who plan to submit more than one application while residing in Canada.
If you’re a temporary foreign worker or international student, understanding this new policy is crucial to maintaining your legal status in Canada. Here’s a breakdown of what’s changed and what it means for you.
What Is Maintained Status?
Maintained status—previously known as “implied status”—allows temporary residents in Canada to legally stay and continue working or studying under the conditions of their original permit while their extension application is being processed, as long as they applied before their current status expired.
What’s Changed in 2025?
Under the new policy:
- If your first application for extension is refused and you had already submitted a second application while under maintained status, your stay is no longer extended.
- The second application will automatically be refused and returned.
- You will lose your maintained status immediately, unless you apply for restoration of status, if eligible.
Previously, even if the first application was rejected, a pending second application submitted while on maintained status would allow the applicant to stay in Canada legally—though not necessarily with the right to work or study.
New vs. Old Rule Comparison
| Scenario | Old Rule (Pre-May 28, 2025) | New Rule (Post-May 28, 2025) |
|---|
| 2nd application submitted before permit expiry and 1st app refused | Status and stay extended | Status maintained only while application is pending |
| 2nd application submitted after permit expiry and 1st app refused | Stay extended, no work/study rights | Status not maintained; second application refused |
Why This Change Matters
This update aims to prevent misuse of the system where applicants submit multiple applications in succession to prolong their stay without maintaining eligibility. It reinforces the importance of submitting complete and accurate applications from the beginning and ensures that only those with valid grounds for extension can remain in Canada.
Read More: How IRCC Processing Times Have Evolved: What You Need to Know for 2025
What Should You Do If Your First Application Is Refused?
If your extension application is rejected and your maintained status ends:
- You will be considered out of status.
- You must leave Canada or apply for restoration of status within 90 days, provided you meet the eligibility criteria.
- During the restoration period, you are not allowed to work or study.
Pro Tip: Avoid Status Complications
- Always submit applications well in advance of your permit’s expiry.
- Ensure your application is complete and meets all eligibility criteria.
- Avoid filing multiple applications unless advised by a licensed immigration professional.
Conclusion
Canada’s immigration system continues to evolve in 2025, and staying informed about changes like these can help temporary residents avoid costly mistakes. If you’re unsure how this update affects you, consulting a licensed immigration consultant is the best course of action.
FAQs
What is maintained status in Canada?
It’s the legal right to stay in Canada under your previous permit’s terms while waiting for an extension decision.
Can I still work or study if my maintained status ends?
No. Once your status ends, you lose the right to work or study unless your status is restored.
How long do I have to apply for restoration of status?
You must apply within 90 days of losing your status.
What happens if I stay in Canada after losing maintained status?
You are considered out of status and may face removal or future application issues.
Need help navigating Canadian immigration rules? Contact The Millennium Immigration today for expert guidance on your immigration journey.