Can I Apply While on Maintained Status? ✅ Yes!

Here's the deal: if your study permit expired but you applied for an extension before it ran out, you're what's called "maintained status" (they used to call it "implied status"). This means you can legally stay in Canada under the same conditions as your original permit while they process your application.

The immigration regulations (ref: IRPR 183(5)) back this up - they basically say that if you applied for an extension before your permit expired, you can hang tight in Canada under your original permit conditions until they make a decision.

Since you can only apply for a PGWP after finishing your program, and if you happen to be on maintained status at that point, you're still good to go with your PGWP application.

But Can I Start Working Right Away? 🚫 Unfortunately, No

This is where it gets tricky. Normally, if students apply for their PGWP while their study permit is still valid, they can jump right into full-time work as soon as they submit their application - there's a special policy that allows this. Ref: IRPR 186(w).

But here's the kicker: this work authorization doesn't apply if you're on maintained status when you apply for your PGWP. Immigration Canada has been pretty clear about this in their guidelines - they specifically state that you need to have a valid study permit (not just maintained status) at the time of application to be eligible for that immediate work authorization.

Example: Applying for PGWP While on Maintained Status

Meet Maya (a fictional charecter of an international student in Canada):

• Maya is an international student at a college in Toronto.
• Her study permit expires on July 31, 2025.
• Her program is scheduled to end on September 15, 2025.

📝 Step 1: She applies to extend her study permit

Since her permit expires before her program ends, Maya applies for a study permit extension on July 25, 2025 — before the expiry.

➡️ Because she applied before her permit expired, she enters maintained status starting August 1, 2025.

Under IRPR 183(5), this means Maya can legally stay in Canada and continue studying under the same conditions as her old permit while waiting for a decision.

🎓 Step 2: Maya finishes her program

• Maya finishes her program on September 15, 2025.
• Her study permit extension is still under processing, so she’s still on maintained status.

📄 Step 3: Maya applies for her PGWP

• She applies for her Post-Graduation Work Permit (PGWP) on September 20, 2025, while still on maintained status.

✅ Yes, she can apply for the PGWP while on maintained status — this is allowed under immigration law, because she applied for a permit extension before her study permit expired, and she’s remained in status under IRPR 183(5).

🚫 But… Can Maya Work Immediately After Applying?

No, she cannot.
Here’s why:

• Normally, students with a valid study permit who apply for a PGWP can start working full-time immediately under IRPR 186(w).
• But Maya is on maintained status, not holding a valid study permit.
• So, she must wait until her PGWP is approved before starting any work.

Even if her study permit extension is approved after she applies for PGWP, she still cannot backdate the work eligibility.

 

Bottom Line

If you applied for your PGWP while on maintained status, you'll need to wait until the permit is approved before you can start working. Working before then would be considered unauthorized employment, which could create some serious problems for you down the road.

It's a bit of a waiting game, but at least you can stay in Canada legally while everything gets sorted out!

 

Disclaimer: The above writing is not intended to be a source of legal advice. Please seek legal advice and use your own good judgement before choosing to act on any information provided above. If you choose to rely on this article, you do so entirely at your own accountability.

If you find any information is untrue or misleading or think you deserve the credit for the write-up, please reach out to me at: mdsiddiqur.rahman@queensu.ca and I will adjust as per your request when you are right.