When your work permit or study permit expires in Canada, you might still have legal status under what's called "maintained status" or "implied status." This temporary protection lets you stay in Canada legally while Immigration, Refugees and Citizenship Canada (IRCC) processes your extension application. Understanding how this works can save you from accidentally losing your legal status.
Maintained status kicks in automatically when you submit a valid extension application before your current permit expires. You keep the same conditions as your expired permit until IRCC makes a decision. However, this protection has strict rules and can disappear quickly if you make certain mistakes.
What Maintained Status Covers
Maintained status preserves your legal right to stay in Canada under the same conditions as your expired permit. If you had a work permit, you can continue working for the same employer in the same position. Students with expired study permits can keep attending classes at the same institution. The key word here is "same", you cannot change employers, jobs, or schools while on maintained status.
Your application must be submitted before your current permit expires to qualify for maintained status. IRCC considers an application submitted when they receive all required documents and fees. If you submit online, the timestamp when you hit "submit" counts as your filing date. For paper applications, IRCC uses the date they receive your complete package.
The Immigration and Refugee Protection Act grants this protection automatically to anyone with a pending extension application. You don't need to apply separately for maintained status, it happens when you follow the proper extension process.
Document-wise, you should carry your expired permit plus proof that you submitted an extension application on time. This could be an online submission confirmation or a copy of your paper application with proof of mailing. Border officers and employers need to see evidence that your maintained status is valid.
How Long Maintained Status Lasts
Maintained status continues until IRCC makes a final decision on your extension application. This could take several months depending on current processing times. Work permit extensions currently take 4-6 months in most cases, while study permit extensions typically process within 2-4 months. These timeframes can change based on application volumes and IRCC's operational capacity.
Your maintained status ends immediately when IRCC approves or refuses your application. If approved, you transition to your new permit. If refused, you lose legal status right away and must leave Canada unless you have another valid status or submit a new application within the restoration period.
The protection also ends if you withdraw your application or if IRCC returns it as incomplete. Some people mistakenly think they can stay longer if their application gets returned, but your maintained status stops the moment IRCC sends the application back. You would need to reapply immediately to avoid falling out of status.
There's no maximum time limit for maintained status itself. People have maintained status for over a year when IRCC processing times stretch out. However, longer waits create more opportunities for mistakes that could void your protection. Check the current processing times to estimate how long your wait might be.
⚠️ What Voids Maintained Status
Several actions can immediately cancel your maintained status, leaving you without legal permission to stay in Canada. Traveling outside Canada is the most common mistake. When you leave Canada while on maintained status, you cannot return unless you have a valid permit or visitor status. Your maintained status doesn't travel with you.
Changing the conditions of your stay also voids maintained status. Work permit holders cannot switch employers or take on additional jobs. Students cannot transfer to different schools or change programs. Even small changes like working extra hours beyond your permit conditions can end your protection.
Missing deadlines for additional documentation requests from IRCC will void your maintained status. If IRCC asks for more information or documents within a specific timeframe and you don't respond on time, they may refuse your application. This immediately ends your maintained status.
Failing to maintain the requirements of your original permit can also cause problems. Work permit holders must continue meeting their job requirements and maintain their employment relationship. Students must stay enrolled full-time and make satisfactory academic progress. If your employer terminates you or your school dismisses you while on maintained status, you could lose your protection.
Never assume you can travel or change your situation while on maintained status. These actions immediately void your protection, even if your extension application is still pending. Always verify your status before making any changes.
Protecting Your Status During Processing
Keep detailed records of your extension application submission. Save email confirmations, tracking numbers, and copies of all documents you submitted. These prove you applied on time if questions arise later. Take screenshots of online submissions showing the submission date and time.
Monitor your application status regularly through your online account or by calling IRCC. Respond immediately to any requests for additional information or documents. Set calendar reminders for any deadlines IRCC gives you. Missing a deadline by even one day can result in a refused application and immediate loss of status.
Avoid making any changes to your employment, education, or living situation while on maintained status. If circumstances force a change, consult with an immigration lawyer before taking action. Sometimes you can apply for a different type of permit or status, but timing and procedure matter enormously.
Keep copies of key documents with you at all times. This includes your expired permit, proof of your extension application submission, and any correspondence from IRCC. Border officers, employers, and service providers may ask to verify your legal status in Canada.
Consider applying for extensions well before your current permit expires when possible. While you can apply right up to the expiry date, earlier applications give you more time to address any issues that arise. Some people apply 3-4 months before expiry to build in a buffer for processing delays.
❓ Frequently Asked Questions
Can I work for a different employer while on maintained status from a work permit extension?
No. Maintained status preserves the exact conditions of your expired permit. You must continue working for the same employer in the same position until your extension is approved.
What happens if my extension application gets refused while I'm on maintained status?
Your legal status ends immediately when IRCC refuses your application. You must leave Canada or apply to restore your status within 90 days, which requires paying additional fees and meeting strict requirements.
Can I apply for a different type of permit while on maintained status?
Generally no. Applying for a different permit type could be seen as withdrawing your extension application, which would end your maintained status. Consult an immigration lawyer before making any new applications.
How do I prove I have maintained status if someone asks?
Show your expired permit plus documentation proving you submitted an extension application before the expiry date. This could be email confirmations, online account screenshots, or mailing receipts for paper applications.
Sources: Government of Canada (canada.ca), IRCC Help Centre, Immigration and Refugee Protection Act. Last verified: January 15, 2026. This article is general information, not legal advice, consult IRCC or a qualified legal aid service for guidance on your specific situation.
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