IRCC Updates Maintained Status Rules for Canada Temp Residents
IRCC Updates Rules for Maintained Status: What Temporary Residents in Canada Need to Know
- IRCC updated its rules on May 28, 2025, regarding maintained status for temporary residents who submit multiple applications.
- Maintained status allows temporary residents to stay legally in Canada while a permit extension is being processed.
- Under the new rules, if your initial application is refused, a second application won’t extend your stay.
- Applications filed after your permit expires will not trigger maintained status.
- Those out of status can apply for restoration of status, if eligible.
- The changes eliminate the option of applying at the border due to the ban on flagpoling.
Understanding Maintained Status in Canada
If you’re a temporary resident in Canada—whether you’re here to work, study, or visit—you might already be familiar with the concept of maintained status (previously called ‘implied status’). This status allows you to legally stay in Canada under the same conditions of your expired permit while Immigration, Refugees and Citizenship Canada (IRCC) processes your extension application—so long as the application was submitted before your permit expired.
But as of May 28, 2025, IRCC has made some significant changes to how maintained status works, especially when someone submits more than one application. These updates are important for anyone looking to extend their stay in Canada through multiple submissions.
Let’s break down what’s changed and what it means for you.
What’s Changed? A Closer Look at the New IRCC Rules
Previously, if your initial application to extend your stay was refused, and you had already submitted a second application, you could still remain in Canada under maintained status—though you wouldn’t be authorized to work or study. This gave applicants a bit of breathing room while they waited on the decision for their second application.
That’s no longer the case.
Under the new policy, if your initial (first) application is refused, and you’re on maintained status at that time, your second application won’t extend your legal stay in Canada. In fact, IRCC will automatically refuse and return your second application. This means your period of authorized stay ends with the refusal of the first application.
New vs. Old Rules: A Side-by-Side Comparison
To help you understand how this change impacts you, here’s a simplified breakdown of how things worked before and how they work now.
Old Rules (before May 28, 2025):
| When was second application submitted? | First Application Approved | First Application Refused |
|---|---|---|
| Before original permit expired | New status and authorization apply. | Authorized stay + work/study rights extended until 2nd decision. |
| After original permit expired | New status and authorization apply. | Authorized stay extended, but no work/study rights. |
New Rules (effective May 28, 2025):
| When was second application submitted? | First Application Approved | First Application Refused |
|---|---|---|
| Before original permit expired | New status and authorization apply. | Maintained status applies during second application processing. |
| After original permit expired | New status and authorization apply. | No maintained status. Second application must be refused. Applicant out of status and must apply for restoration, if eligible. |
As you can see, the major shift is that a second application will no longer “save” your status if your first one is denied—especially if it was submitted after your permit’s expiry.
Why These Changes Matter for Temporary Residents
These updates have big implications, especially for workers and students who may have relied on submitting a second application as a backup plan. If you’re planning to renew your temporary status, it’s now more crucial than ever to:
- Submit your extension application before your permit expires.
- Ensure your application is complete and accurate the first time around.
- Understand that a second application won’t protect you if your first one is rejected.
It’s also worth noting that the IRCC has removed guidance about applying for work or study permits at the port of entry. This is in line with the recent ban on flagpoling, which restricts the practice of leaving and re-entering Canada to apply for permits at the border.
What If You’re Out of Status?
If you find yourself out of status because your initial application was refused and your permit has expired, don’t panic—but act quickly. You may be eligible to apply for a restoration of status, which allows you to regain your temporary resident status within 90 days of losing it. However, this route is not guaranteed and comes with strict eligibility criteria.
What Should You Do Next?
If you’re unsure how these changes affect your situation, or if you’re planning to submit an application to extend your stay in Canada, it’s a good idea to seek professional guidance.
Need help with your work or study permit application? Our trusted partners at the Cohen Immigration Law Firm are here to assist. Schedule a free consultation today and get expert advice tailored to your case.
Final Thoughts
Navigating Canada’s immigration process can be tricky, especially with frequent updates like this one. The key takeaway? Don’t rely on multiple applications to maintain your status. Planning ahead and submitting a strong, timely application is your best bet to remain in good standing.
For more updates and helpful insights on Canadian immigration, be sure to check out our immigration news section or explore our guides on maintained status and restoration of status.
Let’s keep you on the right track—your Canadian journey is worth it. 🇨🇦
