How to Maintain Legal Status in Canada During Permit Renewal

Dive Right Into

Key Takeaways

•
Maintained status allows temporary residents to stay in Canada legally under expired permit conditions during renewal processing.
•
Eligibility demands timely application, staying in Canada, and adhering to expired permit conditions for maintained status benefits.
•
Planning includes submitting complete applications, tracking deadlines, and avoiding leaving Canada to preserve maintained status.

Canada 🇨🇦 has long been a favored destination for temporary residents, including workers, students, and visitors who enjoy exploring the opportunities it offers. An important aspect of staying legally in Canada while waiting for your permit renewal is what’s known as “maintained status.” This legal protection lets you remain in the country under the same conditions as your expired permit while Immigration, Refugees, and Citizenship Canada (IRCC) processes your application. Understanding how maintained status works can help ensure you continue to live and work in Canada without interruptions.

What is Maintained Status?

How to Maintain Legal Status in Canada During Permit Renewal

Maintained status, previously called “implied status,” is a rule under Canada’s immigration regulations. It applies when a temporary resident files a renewal application before their current permit expires. During this waiting period, you can keep doing whatever you were allowed to do—work, study, or visit—as per your expired permit until a decision is made by IRCC.

Imagine you have a work permit that’s about to end. If you apply for an extension on time, you can keep working under the same terms while IRCC processes your application. The same applies to students with study permits and visitors with visitor permits.

Eligibility Requirements

To benefit from maintained status, you must meet specific conditions:

Application Timing: You need to submit your renewal application before your current permit expires. If you’re late, you won’t qualify for maintained status.
Staying in Canada: You must remain in Canada while awaiting the decision. If you leave the country, you’ll lose the maintained status.
Follow Original Permit Rules: You must continue to obey the terms of your expired permit. For example, if your work permit was employer-specific, you must continue working for the same employer.

Key Points for Different Temporary Residents

Workers

You can keep working under the same terms as your expired work permits while on maintained status.
If you’re switching from an employer-specific permit to another type, you must stop working after your permit’s expiry until the new one is approved.

Students

Students can continue their studies if they apply to extend their permits before they expire.
For those applying for a Post-Graduation Work Permit (PGWP), you can’t start working until the PGWP is approved.

Visitors

Visitors can stay in Canada but aren’t allowed to work or study unless they have a new permit.

Practical Tips for Maintaining Legal Status

Submit Early: Aim to submit your application at least 30 days before the permit expires. However, even if you apply on the last day of validity, you’re still eligible for maintained status.
Track Dates: Set reminders or use calendar alerts to avoid missing application deadlines. Missing one could mean losing your legal status and having to go through restoration.
Complete Applications: Make sure your application is complete and includes all required documents to prevent delays or rejections.
Keep Proof: Retain copies of submission receipts or acknowledgment letters from IRCC as proof of maintained status. You might need these when meeting with employers, schools, or border officials.
Don’t Leave Canada: Leaving the country automatically ends your maintained status. Upon re-entry, you’d only be admitted as a visitor and couldn’t work or study until your new permit is approved.

What Happens If Maintained Status Ends?

Maintained status ends in a few scenarios:

When IRCC reaches a decision on your renewal application, no matter if it’s approved or denied, your maintained status ends.
Withdrawing your application also leads to a loss of maintained status.
Exiting Canada results in automatic termination of maintained status.

If your application is denied or withdrawn, you become “out of status.” This means:

You must immediately stop working or studying.
You have the option to apply for restoration of status within 90 days, which requires a new application and fees.
During the restoration period, you cannot resume any activities until IRCC gives approval.

Frequently Asked Questions

Can I leave Canada while on maintained status?

No. Leaving Canada ends your maintained status. When you return, you’ll only be able to enter as a visitor and can’t work or study until IRCC approves your new permit.
Does my family get maintained status too?

Each family member must apply separately for their permit extensions to benefit from maintained status. This means if both parents have work permits and the kids hold study permits, each person needs to send in their own application.
What if my Social Insurance Number (SIN) expires while on maintained status?

If your SIN expires during this period, you can keep working under the conditions of your expired work permit. After your new work permit gets approved, renew your SIN to avoid any issues with your employment records.
Can I apply for a different permit type while on maintained status?

Yes, you can. However, you can’t continue activities from your old permit after it expires unless your new permit is approved. For example, if you’re switching from a study permit to a work permit, you must wait for approval.

Recent Updates and Processing Times

As of late 2024, IRCC processing times for different renewal applications vary:

Visitor extensions take around 75 days.
Work permits generally take about 60 days.
Study permits usually take 42 days.

It’s important to note that individuals applying for extensions must strictly follow deadlines and requirements to benefit from maintained status. Some provinces even adjust public health insurance eligibility based on your immigration status during this period. For instance, British Columbia provides temporary coverage, whereas Alberta does not.

Conclusion

Maintained status is an essential legal tool for temporary residents in Canada 🇨🇦, allowing them to stay legally while waiting for their permit renewal applications to be processed. By submitting applications before expiry, staying in Canada, and following original permit conditions, you can avoid disruptions to your daily routine and activities.

However, planning is key. Track deadlines, prepare complete applications, and refrain from leaving Canada during the wait. If you face challenges like applications being denied or failing to submit on time, restoration options exist but come with restrictions. Grasping these details will help you comply with Canadian immigration regulations and facilitate smoother transitions in your permit renewals.

For more information about maintaining status and other immigration matters, consult Canada’s official immigration site. VisaVerge.com’s insights suggest that being well-informed about maintained status can greatly ease the pressure of staying legally in Canada during permit renewals.

Learn Today

Maintained Status: Legal permission for temporary residents to stay in Canada under the same conditions as their expired permit while awaiting permit renewal.
Implied Status: Former term for “maintained status,” allowing temporary residents to continue their activities during permit renewal processing.
Restoration of Status: Process to reinstate legal status in Canada if one’s permit renewal is denied or not submitted on time.
Employer-Specific Permit: A work permit restricting the holder to work only with a specified employer in Canada.
Post-Graduation Work Permit (PGWP): A permit allowing international students to work in Canada after completing a study program.

This Article in a Nutshell

Navigating Canadian visa renewals becomes smoother with “maintained status,” allowing temporary residents to work and study legally while awaiting permit renewals. Crucially, apply before your current permit expires and stay in Canada. This proactive approach preserves your lawful status and assures uninterrupted living, work, and study opportunities in Canada.
— By VisaVerge.com