Canada revises ‘maintained status’ rules for temporary residents
Synopsis
Canada's IRCC has updated its maintained status rules, effective May 28, 2025. Now, a second extension application won't maintain status if the first is refused; it will be rejected. This change aims to streamline application processing and prevent automatic status continuation after an initial refusal. The update also removes port of entry application options.
By ET Online
Canada’s immigration department, Immigration, Refugees and Citizenship Canada (IRCC), has updated the rules around maintained status for temporary residents who submit multiple extension applications. The changes came into effect on 28 May 2025, according to a report by CIC News.
Maintained status, earlier known as implied status, allows a foreign national to remain in Canada legally and continue working or studying under the conditions of their expired permit, provided they applied for an extension before the expiry date.
As per the CIC News report, under the previous rules, individuals could still be considered under maintained status even if their first application was refused and a second was pending. This has now changed. If the second application is submitted after the permit expiry and the first application is rejected, the individual is now considered out of status. They may apply for restoration if eligible.
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The updated officer instructions have also removed a section related to applying for work or study permits at the port of entry, aligning with the ongoing restrictions on flag-poling.
These changes aim to bring clarity and consistency to how immigration officers process multiple applications and to ensure that applicants are not automatically kept in status solely due to a second pending application after a refusal.
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According to the new guidance, if a temporary resident submits a second application for extension while already on maintained status and the first application is refused, the second application will no longer keep them in status. Instead, the second application will be refused and returned. This marks a shift from earlier rules, where the submission of a second application—even after a first refusal—could continue to provide legal stay, though not work or study rights.Maintained status, earlier known as implied status, allows a foreign national to remain in Canada legally and continue working or studying under the conditions of their expired permit, provided they applied for an extension before the expiry date.
As per the CIC News report, under the previous rules, individuals could still be considered under maintained status even if their first application was refused and a second was pending. This has now changed. If the second application is submitted after the permit expiry and the first application is rejected, the individual is now considered out of status. They may apply for restoration if eligible.
(Join our ETNRI WhatsApp channel for all the latest updates)
The updated officer instructions have also removed a section related to applying for work or study permits at the port of entry, aligning with the ongoing restrictions on flag-poling.
These changes aim to bring clarity and consistency to how immigration officers process multiple applications and to ensure that applicants are not automatically kept in status solely due to a second pending application after a refusal.
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