Maple News reports that temporary residents in Canada can continue to stay legally in the country even after their initial visa or permit expires—under a provision known as ‘maintained status.’ This policy, governed by Section 181 of the Immigration and Refugee Protection Regulations (IRPR), allows individuals to remain in Canada while Immigration, Refugees and Citizenship Canada (IRCC) processes their application to extend their stay.
To qualify for maintained status, individuals must apply to extend their work or study permit before their current permit expires. Once the extension application is submitted on time, the applicant may legally stay in Canada until a decision is made, retaining the same conditions as their original permit.
For those extending the same type of permit—such as renewing a work permit while continuing to work—the original terms of the permit remain valid during the waiting period. However, if you’re switching permit types, such as going from a work permit to a study permit, you must stop working once the initial permit expires and wait for approval of the new one before resuming activities.
It is important to note that maintained status is only valid while an individual remains physically in Canada. If you leave the country after your original permit expires—even with maintained status—you risk losing the right to work or study until your new application is approved. Re-entry into Canada is still possible under certain conditions, such as holding a valid Temporary Resident Visa (TRV) or being TRV-exempt. However, you’ll need to provide the Canada Border Services Agency (CBSA) with proof of financial support and your ongoing extension application.
IRCC’s decision on your application leads to two outcomes. If approved, you’ll receive a new permit with updated conditions and dates. If refused, your legal status ends on the day the decision is made. In that case, you’ll have 90 days to apply for status restoration. During this period, you are not permitted to work or study until IRCC approves the restoration.
Proof of having filed an extension—such as a confirmation letter from IRCC or application receipts—is typically sufficient evidence of legal status in Canada. This can be useful for employers, academic institutions, or re-entry at a Canadian port of entry.
Maintained status provides a legal bridge for temporary residents, helping to avoid disruptions in employment, education, or daily life in Canada. Staying informed on filing timelines and the implications of travel or permit changes is critical for maintaining compliance.
Maple News advises all temporary residents to plan ahead and seek professional guidance if they are unsure about extending their stay in Canada.