What if your permit has expired and you are still waiting for IRCC’s decision?
Imagine you applied to extend your Study Permit or Visitor Record just a few days before your current document expired. The expiry date has passed, but weeks go by-one, two, maybe more-and there is still no answer from Immigration, Refugees and Citizenship Canada (IRCC). You are still in Canada. You are studying, paying rent, living your everyday life… but are you here legally? Can you work, study, or travel within Canada? What if you need to switch your status or are waiting for permanent residence-can you even stay in Canada without breaking the rules?
These are some of the most common questions we discuss during consultations at MBLAW Professional Corporation.
The answer lies in the concept of Maintained Status, formerly known as Implied Status. This rule allows you to legally remain in Canada after your temporary status expires-if certain conditions are met.
Below, we explain what Maintained Status is, how it works in practice, and what you need to know to avoid status violations and protect your future immigration options.
What Is Maintained (Implied) Status?
Maintained Status is the legal right to stay in Canada after your temporary status has expired-if the following conditions are met:
- You are physically in Canada;
- You submitted an application to extend or change your status before your current status expired;
- You are waiting for a decision from IRCC on that application.
This concept was previously called Implied Status, but in 2021 IRCC officially replaced the term with Maintained Status to better reflect its legal nature: your status is not just assumed-it is maintained, as long as the rules are followed.
When Does Maintained Status Begin?
Maintained Status begins automatically if your application is submitted on time while you are physically in Canada.
You will not receive a separate confirmation or document from IRCC. This is a legal right, not a permit.
Important: Maintained Status ends as soon as IRCC makes a decision on your application-even if the decision is negative.
What You Are Allowed to Do Under Maintained Status
You can continue doing the same things you were authorized to do under your previous permit, but not more.
For example:
- If you had a Study Permit, you may continue studying.
- If you had a closed Work Permit tied to a specific employer (based on an LMIA), you may keep working under the same conditions.
- If you had an Open Work Permit, you may keep working for any employer.
- If you were in Canada as a visitor with a Visitor Record, you may stay-but you cannot study or work.
You cannot change your type of activity while waiting. For instance, if you applied for a Work Permit after your Study Permit expired, you cannot start working until it is approved. The same rule applies if you apply for a Study Permit while on visitor status-you cannot begin studying until your new permit is issued.
Where and How Maintained Status Applies
Maintained Status most commonly applies in situations where individuals apply to extend their temporary status-such as a Visitor Record, Study Permit, or Work Permit-before the current permit expires. If the application is submitted on time while the person is in Canada, they automatically enter Maintained Status. This means they can remain in Canada and follow the same conditions as their previous permit while waiting for IRCC’s decision.
Examples:
- If someone held a Visitor Record, they can stay in Canada, but cannot study or work.
- If they extended a Study Permit, and classes began before the previous permit expired, they may continue studying.
- If they had a Work Permit, they may continue working under the same conditions-same employer, same job-if the permit was employer-specific. Open Work Permit holders may continue working for any employer.
Important: Maintained Status only applies while you remain inside Canada. If you leave Canada, you lose this right. Even if your extension application is still being processed, you cannot re-enter and resume study or work based on Maintained Status.
Switching from One Status to Another
Maintained Status can also apply when changing from one type of temporary status to another within Canada, for example:
- From Visitor to Student;
- From Student to Worker;
- From Worker to Visitor, and so on.
However, there is a crucial limitation: while waiting for the new status, you cannot use the rights associated with it. For example, if you applied for a Work Permit after your Study Permit expired, you cannot begin working until the new permit is approved. If you applied for a Study Permit while in visitor status, you cannot begin studying until it is issued.
This is a common mistake. People often assume that being under Maintained Status allows them to start studying or working right away. In reality, it only protects the rights you had at the time of application. New rights take effect only after IRCC approves your new permit.
Waiting for a Decision on Your PR Application
Many people believe that applying for permanent residence (PR) allows them to remain in Canada legally. This is incorrect. Submitting a PR application-whether under a federal or provincial program-does not extend your temporary status. If your Work Permit, Study Permit, or Visitor Record is about to expire, you must apply for an extension beforehand to maintain legal status.
Federal Programs (CEC, FSW, FST, and so on)
If you are applying for PR through a federal program under Express Entry-such as the Canadian Experience Class (CEC), Federal Skilled Worker (FSW), or Federal Skilled Trades (FST)-and your temporary permit is expiring, you must take separate steps to extend it.
Filing a PR application alone does not give you the right to stay in Canada. You must maintain your temporary status by extending your Work Permit, Study Permit, or Visitor Record as necessary.
In some cases, you may be eligible for a Bridging Open Work Permit (BOWP), which allows you to continue working while IRCC processes your PR application.
How to Qualify for a Bridging Open Work Permit (BOWP)
To be eligible for a BOWP, you must:
- Submit a complete PR application;
- Have a valid Work Permit at the time of BOWP application;
- Apply for the BOWP before your current permit expires.
You can only apply for a BOWP after IRCC has received and acknowledged your full PR application by issuing an Acknowledgement of Receipt (AOR). This happens after the completeness check, which confirms all documents are submitted and meet formal requirements.
If you apply for a BOWP too early-such as right after receiving an Invitation to Apply (ITA)-your application will be refused.
If your Work Permit is still valid and you have received the AOR, you can apply for a BOWP and enter Maintained Status. This allows you to continue working under the same conditions even if your permit expires while awaiting a BOWP decision.
Examples:
- If your Work Permit expires in two months and you have received the AOR, you can apply for a BOWP and maintain your work rights.
- If your Work Permit expires in one week and the AOR is not yet issued, you are not eligible for a BOWP and may lose your legal status.
- If the BOWP application is submitted before your current permit expires, you benefit from Maintained Status and may continue working legally.
- If the application is submitted after the permit expires, Maintained Status does not apply. You must apply for restoration of status, which does not allow you to work during the processing period.
In summary, neither the ITA nor the PR application alone provides the right to apply for a BOWP. You must wait until IRCC issues the AOR to become eligible.
Until then, you must either extend your Work Permit by other means or carefully monitor your timelines to avoid losing Maintained Status.
Provincial Nominee Programs (for example, OINP)
If you are applying for permanent residence through a Provincial Nominee Program (PNP) such as the Ontario Immigrant Nominee Program (OINP), it is important to understand that receiving a nomination does not automatically extend your temporary status.
Just like with federal programs, you must maintain your temporary status separately-by extending your Work Permit, Study Permit, Visitor Record, and so on
After receiving a provincial nomination, there are typically two options:
- Extend or maintain your current status under the same conditions. For example:
- Spouses of temporary workers or students may be able to extend their Open Work Permit if the principal applicant still maintains valid status;
- LMIA-based workers may apply to extend their Work Permit if the employment contract is renewed and the LMIA remains valid.
If you apply before your current status expires, you will enter Maintained Status. This allows you to stay in Canada and continue working or studying under the same conditions until IRCC makes a decision.
- Apply for a Bridging Open Work Permit (BOWP):
This option becomes available only after you receive the nomination, submit your PR application at the federal level, and receive an Acknowledgement of Receipt (AOR) from IRCC.
Until you receive the AOR-even if your nomination has been approved-you cannot apply for a BOWP.
What if your current status is about to expire and you are not yet eligible for a BOWP?
This is common for individuals nearing the end of their Post-Graduation Work Permit (PGWP) or temporary workers with short contracts.
If you cannot extend your current status but already hold a nomination and plan to submit a PR application soon, you may consider applying for a Visitor Record. This does not allow you to work or study, but it lets you stay in Canada legally while waiting for the AOR and then apply for a BOWP.
Key points:
- You must apply for the Visitor Record before your current status expires to benefit from Maintained Status;
- Once you receive the AOR, you can apply for a BOWP and return to work-but only after submitting the BOWP application;
- If you apply for a Visitor Record after your Work Permit expires, you will not have Maintained Status and must apply for restoration of status.
Extending a Temporary Resident Permit (TRP)
Holders of a Temporary Resident Permit (TRP) are not eligible for Maintained Status when applying for a TRP extension.
This means that if your TRP is about to expire, you must apply for an extension well in advance. Maintained Status does not apply in this case.
Remember, it may take several months for IRCC to process a TRP extension, so submit your application early.
If your TRP expires, you cannot restore your status. You must leave Canada, or you may face removal proceedings.
As a TRP holder, it is critical to monitor your expiration dates and apply for extensions early to avoid losing your legal status in Canada.
What Happens If You Apply Late or Make a Mistake
Maintained Status is not an automatic safeguard-it only applies if all legal conditions are met. Even a small mistake in your application date or form may lead to the loss of status.
If you submit your application even one day after your permit expires, you will not receive Maintained Status. You will lose your temporary status and may only remain in Canada if you apply for restoration of status within 90 days of losing it.
Important notes about restoration:
- It does not restore your previous rights (for example, work or study);
- It does not provide Maintained Status during the processing period;
- It does not guarantee approval.
If your application is incomplete (for example, wrong permit type selected or missing documents), IRCC may return it without processing. In that case, you also lose your status and must either apply for restoration immediately or leave Canada.
When applying for a Work Permit, Study Permit, or Visitor Record, it is essential to:
- Submit the application before your current status expires;
- Choose the correct applicant and permit category;
- Include all required forms and supporting documents;
- Pay the correct fees and attach receipts.
Maintained Status is a valuable legal mechanism that allows you to remain in Canada lawfully-if your application is submitted correctly and on time. It may apply in a wide range of situations: from extending a Study Permit to transitioning to a Work Permit after nomination or PR submission.
However, Maintained Status is not a shield from all risks. It only works when you are careful, accurate, and fully aware of your responsibilities.
If you are unsure about your timelines, your eligibility, or how your situation aligns with IRCC policies-do not wait. Sometimes a single missed deadline can cost you the ability to stay in Canada.
At MBLAW Professional Corporation, we help clients every day with Maintained Status, restoration of status, program transitions, and PR applications.
Book a consultation-we will review your situation and help you find a legal and secure path forward.
