New IRCC Rules Reshape Maintained Status Eligibility

Effective May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced significant changes to its maintained status policy for temporary residents in Canada. These changes aim to increase clarity, tighten compliance, and ensure that individuals continue to maintain legal immigration status while their extension applications are under review.

Maintained status, formerly known as "implied status," allows temporary residents to legally remain in Canada under the same conditions of their expired permit, provided they applied for an extension before the expiration date. The new IRCC rules reshape how this provision works and carry important consequences for applicants, employers, and institutions.

What Is Maintained Status?

Maintained status enables temporary residents—such as international students, temporary foreign workers, or visitors—to stay in Canada while waiting for a decision on an extension application. This status also allows them to continue working or studying under the same conditions of their original permit, but only if the extension application was submitted before their initial permit expired.

Key Changes Introduced in May 2025

• Complete Applications Now Required: To maintain status, the extension application must be complete and submitted before the expiry of the original permit. If an application is incomplete and later returned after the expiry date, maintained status will be lost immediately.
• Second Applications Offer No Protection: If a person submits a second application after the first is refused, and their original status has already expired, they will not be covered by maintained status. The second application will be refused and returned.
• Restoration of Status: Individuals who lose their status now have 90 days to apply for restoration. During that period, they cannot work or study until status is officially restored.

Why These Changes Matter

The revised rules aim to close regulatory gaps and ensure temporary residents are complying fully with immigration laws. Under the previous system, there was ambiguity around multiple or incomplete submissions. The updated policy removes this grey area, encouraging accurate, complete, and timely applications.

Work, Study, and Travel Implications

Under the new rules, temporary residents must carefully monitor their deadlines. If a person submits their extension late or the application is incomplete, they lose their right to continue working or studying and must stop all such activities immediately. Also, those on maintained status who leave Canada will lose that status upon exiting. They may not resume work or study upon re-entry unless a new permit has been granted.

Employer and Institutional Responsibilities

Employers and academic institutions must verify the ongoing eligibility of their employees and students. Continuing to employ or enroll individuals without valid status could result in non-compliance consequences. As such, all parties should stay informed and follow the new protocols carefully.

Best Practices for Temporary Residents

• Start Early: Begin your extension application at least 30–60 days before your permit’s expiry.
• Submit a Complete Application: Ensure all forms, documents, and fees are included to avoid your application being returned.
• Track Your Application: Use your IRCC account or CRA My Account to monitor status updates.
• Consult a Professional: Immigration lawyers or certified consultants can help you avoid mistakes that may cost you your status.

How to Restore Lost Status

If you lose your status due to late or rejected applications, you have up to 90 days to apply for restoration. During this period:

• You must stop working or studying immediately.
• You may remain in Canada while your restoration is being assessed.
• Once restored, you may resume activities under new permit conditions.

Updated IRCC Rules: A Step Toward Transparency

These IRCC policy changes represent a broader effort to modernize Canada's immigration system. By ensuring stricter compliance with timelines and application completeness, the new maintained status rules help reduce processing backlogs and administrative confusion. They also promote transparency and fairness in how temporary residents manage their status while living, working, or studying in Canada.

FAQs

What Happens if I Submit an Incomplete Application?

If the application is incomplete and later returned after your status has expired, you will lose maintained status and must stop working or studying immediately.

Can I Apply Again if my First Extension is Refused?

If your first application is refused and your status has expired, submitting a second application will not restore maintained status. You will be out of status unless you apply for restoration within 90 days.

Can I Leave Canada While on Maintained Status?

No. If you leave Canada while on maintained status, you lose that status and cannot resume work or study upon return unless you receive a new permit.

How Long do I Have to Apply for Restoration if I Lose my Status?

You have 90 days from the date you lose your status to apply for restoration. During that time, you cannot engage in any work or study activities.