Understanding Maintained Status for Staying in Canada Beyond Your Permit’s Expiry

If your current Canadian permit is nearing its expiration and you wish to remain in the country, you might be eligible for maintained status. This status allows you to continue living in Canada under the terms of your expired permit while awaiting a decision on your extension application. However, it’s essential to apply for this status before your permit expires.

Maintained status applies to those who have applied for an extension of their work, study, or visitor permit. It ensures that you can stay in Canada under the same conditions as your expired permit until the immigration authorities make a decision.

Do You Need to Apply for Maintained Status?

No. If Immigration, Refugees and Citizenship Canada (IRCC) receives your extension application before your current permit expires, you will automatically be granted maintained status. There’s no need for a separate application.

When Should You Apply for an Extension?

Make sure your extension application is received by IRCC before your permit expires. The application cutoff time is 00:00 UTC (Coordinated Universal Time) on the expiry date. If the application is not received on time, you won’t be eligible for maintained status.

What About Your Family Members?

If your family has been authorized to stay in Canada with you under the conditions of your current permit, they can remain under maintained status as well, as long as they apply to extend their permits. Family members with their own permits need to submit their own extension applications.

Difference Between Maintained Status and Implied Status

There is no difference between maintained status and implied status. The term “maintained status” replaced “implied status” in February 2022 by IRCC, but the concept remains the same.

Can You Continue Working or Studying with Maintained Status?

Yes, if your expired permit allowed you to work or study, maintained status permits you to do so under the same conditions. However, you must have applied for a new permit before your previous one expired. If you were working under a closed work permit and have applied for an open work permit, you will need to wait for IRCC’s decision before switching employers.

Similarly, if your study permit was tied to a specific institution, you must continue studying there while under maintained status. To study at a new institution, you’ll need approval for the new permit.

How Long Does Maintained Status Last?

Maintained status remains valid until IRCC decides on your extension application, provided you stay in Canada.

Can You Leave and Re-enter Canada on Maintained Status?

No, maintained status is only valid if you remain in Canada. If you leave the country, you forfeit this status and may not be allowed to re-enter with your expired permit. However, if you have a multiple-entry visa, you may be able to re-enter as a visitor, or if you are exempt from the temporary resident visa (TRV) requirement.

In summary, maintained status provides peace of mind for those awaiting a decision on their permit extension. Make sure to apply before your permit expires to ensure you can stay legally in Canada under the same conditions as your original permit.

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