Status Maintained in Canada

For temporary residents in Canada, whether they are on a study permit, work permit or visitor visa, the ability to legally remain in the country depends on the authorized period of their stay. However, there is a very important policy that protects many immigrants from Latin America while they await Immigration, Refugees and Citizenship Canada (IRCC) decisions: Maintained Status (formerly known as Implied Status).

In this article, I will explain what Maintained Status means, who qualifies, real cases that exemplify what you can and cannot do while waiting for a decision, and how travel or mistakes in the process can affect your legal stay in Canada. Read with me to the end because this topic will help you avoid immigration hassles. Let's get started!

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What is Maintained Status?

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It is a condition that allows temporary residents to remain in the country while their extension of status is being processed. 

Under section R183(5) of the Immigration and Refugee Protection Regulations (IRPR), if a foreign national applies for an extension of status before it expires and remains in Canada, his or her status is automatically extended by law while IRCC processes his or her application.

This status is only valid within Canada; if the person leaves the country, his or her maintained status ends.

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Requirements for Maintained Status

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The applicant must:

• Apply before your permit or visa expires.
• Remain in Canada for the entire processing time.
• Do not change your status category (e.g., from worker to visitor) if you wish to continue working or studying.

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Below, I share some real cases of Latin American immigrants who lived these scenarios with their status, read and evaluate if it is similar to your current situation.

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Case 1: Sofia from Colombia - Study Permit Renewal

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Sofia is a Colombian student at a college in Toronto. She submitted her application for an extension of her study permit thirty days before it expired and remained in Canada.

Sofia complied with the requirements, so the result of her application is that she has Maintained Status and can continue studying under the same conditions while waiting for IRCC's decision.

What would have happened if Sofia requested a change to visitor, she would have to stop studying when her current study permit expired. 

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Let's look at this other case.

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Case 2: Diego de Mexico - Extension of the work permit

Diego is a skilled construction worker with a LMIA-based permit, he applied for an extension of his work permit before it expired and remained in Calgary.

Accomplishing these two steps resulted in Diego having Maintained Status and being able to continue working under the same conditions until IRCC makes a decision.

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Now let's see what happens when one of the requirements is not met.

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Case 3: Valeria from Chile - Leaving the country with application in process

Valeria is a Chilean graduate with a Post-Graduation Work Permit (PGWP), she applied in time to extend her permit, but traveled to the United States to visit her family while her application was in process.

This decision to leave Canada resulted in the termination of your Maintained Status. Although he can return if he has a valid visa, he cannot return to work until he receives his new permit.

Important: Anyone who leaves Canada while in Maintained Status loses their right to work or study even if they re-enter.

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Special Case: Temporary Residence Permits (TRP)

TRP(Temporary Resident Permit) holders do not qualify for Sustained Status. Each TRP application is treated as a new application, and the person cannot work or study until the new permit is approved.

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Errors that break the Maintained Status

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The person loses his or her maintained status if:

• Submit the application after the expiration of the status.
• Submits an incomplete application (missing documents, signatures, etc.).
• Change category (from student to visitor, for example) and continue studying.

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In case you make one of these mistakes, the solution would be: restoration of status. You then have 90 days from the expiration date of your status to file an application for restoration, paying the corresponding fee. 

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Attention! You may not work or study during this time until your new status is approved.

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Tips for Latin American temporary residents

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If you need to remain legally in Canada and you are applying for an extension of status, do the following:

1. Apply early, don't wait until the last day.
2. Avoid leaving Canada if your application is pending.
3. Save proof of submission of your application, including the time of receipt.
4. Check your IRCC account regularly for new messages or updates.

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Maintained Status is a viable resource for many Latin American immigrants in Canada who may be concerned about their legal stay in the country, but this is not a mechanism that is automatically activated, it must be requested. People should always be attentive to their documents and their expiration dates, as well as know the rules and restrictions of this tool in order to solve their situation in time and avoid legal problems or loss of labor and academic rights.

At Immiland Canada, we support hundreds of Latin American applicants every year. If you are applying for an extension or have questions about your status in Canada, contact us for personalized guidance in English and Spanish. You can schedule a consultation or request a free assessment.

I hope this topic will be of great help for your legal stay in Canada. Feel free to share this article, and thank you very much for reading us!

See you!

With love,

Immiland Canada