Understanding Temporary Resident Status and Maintained Status in Canada
If you’re a temporary resident in Canada, it’s crucial to know how your status works, especially when you’re in the process of extending your stay. This blog post will break down what maintained status (previously called implied status) means and how it affects you during the processing of your application.
What is Temporary Resident Status?
In Canada, a temporary resident is someone who is legally authorized to stay in the country for a limited period. This includes tourists, students, and workers. When you enter Canada as a temporary resident, you have an automatically imposed condition that you must leave the country when your authorized period of stay ends.
What is Maintained Status?
Maintained status means that if you apply to extend your stay in Canada before your current status expires, you can legally remain in Canada while waiting for a decision. This is crucial because it ensures you don’t become out of status, which could lead to complications like losing your ability to work or study.
Whether you can keep working or studying depends on what you applied to extend.
If you applied to extend your work permit before it expired, you can continue working under the same conditions while your application is processed.
If you applied to extend your study permit before it expired, you can continue studying under the same conditions while waiting for a decision.
It's important to note that if the applicant applies for a different type of permit (such as changing the conditions of their stay), they will no longer be allowed to continue the activities authorized by their original permit once it expires.
For example, if someone in Canada on a work permit applies to switch to a study permit, once their work permit expires, they can no longer legally work while waiting for their study permit to be approved. They would have to stop working until they receive their new study permit.
Important Points to Consider
Application Deadline: It’s important to submit your extension application before your current status expires. If you do this, your status is automatically extended while your application is being processed. For online applications, the deadline is midnight UTC on the day your status expires.
Traveling Outside Canada: If you travel outside of Canada while your status is being extended, you may face complications when re-entering. Depending on your visa and where you travel, you might need to reapply for your work or study permit at the border, if eligible.
Effect of Decision on Your Stay:
If Approved: Your stay is extended according to the new permit.
If Refused: You have 90 days to apply for restoration of status or leave Canada.
If Withdrawn: When your application is withdrawn, there is no longer a pending extension application. The period of authorized stay ends on the date the application is registered as withdrawn.
Rejected (deemed incomplete): This means your application was never considered submitted and your status expires when your original permit expires.
Special Cases
Temporary Resident Permit (TRP) Holders: If you hold a TRP, applying for a new TRP does not maintain your status during processing. This is different from other temporary residents and is important to keep in mind.
Submitting a Second Application During Processing: What You Need to Know
If you submit a second application to extend your stay in Canada while your first application is still being processed, here's how it works:
Processing Both Applications: Immigration officers will process both applications, meaning they won’t cancel the second one just because the first one is still pending.
Impact of the First Application:
If Approved: The approval of the first application will determine your new status and any authorization (like the ability to work or study). The decision on the second application might change your status again, depending on what you applied for.
If Rejected Due to Incompleteness: The first application is treated as if it was never submitted. In this case, your status isn’t extended, and you can stay in Canada only until your original status expires.
If You Submit the Second Application While on Maintained Status:
Your status is maintained by the second application after the decision on the first is finalized until the decision is made on the second application.
If the First Application is Refused:
Original Permit Still Valid When Second Application Was Submitted: If your original permit was still valid when you submitted the second application, your stay and ability to work or study is extended until the second application is decided.
Original Permit Expired When Second Application Was Submitted: If your original permit had already expired when you submitted the second application, your stay in Canada is extended, but you lose the ability to work or study until a decision is made.
Maintained status is a safeguard that allows you to stay in Canada legally while your extension application is processed. However, it’s important to be mindful of deadlines, travel restrictions, and the outcomes of your application to avoid any issues with your stay in Canada. Understanding these rules can help you navigate your temporary residency with confidence.
About the Author: Lauren Shannan is a Senior Immigration Consultant with 10 years of experience helping foreign nationals navigate their journey in Canada.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For personalized advice, please consult with a licensed immigration professional.