Canada’s immigration department has changed the rules around maintained status in the event that a temporary resident submits more than one application.
Under the new rules, if a temporary resident submits a subsequent application for extension while they are on maintained status, and their initial application is refused, the applicant’s authorized period of stay will not be extended on account of the pending subsequent application, and the subsequent application will be refused and returned to the applicant.
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Prior to this change, the submission of a subsequent application while on maintained status (with the initial application having been refused) would extend the foreign national’s period of authorized stay in Canada, although it would not provide them authorization to work or study.
Maintained statusformerly called implied status, provides a foreign national with the legal authorization to work or study under the terms of their existing permit if their permit has expired and they have submitted an application for extension prior to the expiry of their old permit, so long as they remain in Canada.
Immigration, Refugees and Citizenship Canada (IRCC) updated their instructions to officers on 28 May, 2025.
The following tables set out—before and after the changes—the outcomes based on the instructions to officers, depending on the outcome of the initial (“first”) application and whether the subsequent (“second”) application was submitted before or after the expiry date of the original permit.
Outcome – what happens to applicant’s status while their second application is pending?
Old rules – prior to 28 May, 2025
| When was second app submitted? | First application approved | First application refused/rejected |
|---|---|---|
| Prior to expiry of original permit | The new status and authorization apply. | Authorized stay and authority to work or study in the original permit are extended until the decision on the 2nd app. |
| After expiry of original permit | The new status and authorization apply. | Authorized stay extended, but authority to work or study not extended. |
New rules – effective as of 28 May, 2025
| When was second app submitted? | First application approved | First application refused/rejected |
|---|---|---|
| Prior to expiry of original permit. | The new status and authorization apply. | Applicant maintains status during the processing period of the 2nd application. |
| After expiry of original permit | The new status and authorization apply. | Applicant does not have maintained status – 2nd app must be refused. Applicant is out of status. Applicant can apply for restoration of status, if eligible. |
The instructions were also updated to remove a section concerning applying for a work or study permit at the port of entry—which makes sense on account of the ban on flagpoling.
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