What does Maintained Status or Implied Status Mean? How do you determine if you are on Maintained Status??

An IRCC term that most of the applicants come across when applying for Study Permits, Work Permits or Visitor Record . The IRPR says that all temporary residents must depart Canada at the end of their permitted stay but a temporary resident may, however, apply to extend their stay before it expires in accordance with section R181 and that is called Maintained Status.

Maintained Status as it is called now (previously it was called “implied status”) in Canada is a legal status given to a temporary resident(could be a student, visitor  or a worker) if the temporary resident applies to extend their stay before their current permit expires considering  they are eligible to be on a Maintained status. They can in such case legally remain in Canada until their new application’s/extension’s decision has been made based on their eligibility and documents submitted.

For you to qualify for Maintained status :

Ø  You must be residing in Canada and have a temporary resident status (i.e you must be a student, visitor or worker). The maintained status is not applicable for anyone applying from outside Canada.

Ø  You must have applied for an extension of your current permit if it is about to expire. ( ex.  if you are a student and applying for a student permit extension before it expires).

Ø  The submitted application must be complete, and submitted before the expiry date and/or time (midnight) of your current permit ( IRCC works as per the Coordinated Universal Time -UTC time to ensure equal time for all) ensuring that it will not be returned to you for incompleteness.

So if your study permit or work permit expires after the application of extension is submitted but a decision is pending you are authorized to study or work legally in Canada provided you remain in Canada.

What happens if you leave Canada while on Maintained status:

v  If you leave Canada during this time, you will loose your maintained status and you will be asked to apply for a New study or work permit once again provided you meet all the requirements to apply again. If you enter Canada with your existing TRV ( multiple entry visitor visa) and if a decision is not made by then on your submitted application you can NO longer work or study in Canada and have to show proof of funds for your stay in Canada.

What happens if the application is approved, refused rejected or withdrawn:

v  If the extension is approved, the new permit will have details of your authorised stay and you can continue work/study until the expiry date of the new permit.

v   If the extension is refused, you are legally out of status from this date of refusal. You must stop working, studying, or visiting immediately and you may need to leave Canada.  You have 90 days from this date to restore your status as per IRPR 182.

v  If your application is withdrawn , you will be considered in legal status only until the date the application is withdrawn thereafter you are out of status.

v  If your application is rejected( for incompleteness), then you are not eligible for a maintained status and your status expires the day your actual/previous permit expires. You must stop studying/ working immediately.

Some examples to be under maintained status include

1. Your PGWP is expiring on December 31st, and you have applied for a LMIA based work permit before this expiry date. You are authorised to continue working under the same conditions if you are employed with the same employer until a decision is made on your LMIA work permit. If you apply on January 1^st, then you no longer are eligible to apply for extension and not on    maintained status as well. You have to apply for restoration of status.But if you are changing your employer during this time, you must wait until you receive your new permit to start working for the new employer.
2. Visitor wants to extend Their Stay- A tourist in Canada applies to extend their visitor status before the expiration date. Maintained Status: They can remain in Canada as a visitor without working or studying until a decision is made. If approved they can continue as a visitor, if refused they must leave Canada immediately.
3. A Student wants to apply for a  Post-Graduation Work Permit- A student with a valid study permit applies for a Post-Graduation Work Permit (PGWP) before completing their studies.m Maintained Status: If their study permit expires while awaiting the decision, they cannot work unless the PGWP is approved.

Who do not qualify for Maintained Status- Examples:

•        Those whose study permits. Work permits or visitor visa stay expires and if they apply for an extension they do not qualify for Maintained status.
•     People with Temporary Resident Permits (TRPs)- Someone with a Temporary Resident Permit issued for specific reasons (e.g., inadmissibility on health grounds) cannot apply for maintained status by extending their TRP.
•     A Visitor whose visitor status has expired and now wants to apply for a work permit cannot qualify for maintained status. They must apply for restoration.

 

•         Being on Maintained status is not a permanent solution, and does not guarantee a further confirmed legal status but it provides temporary residents with some extra time while awaiting a decision on their application and not all applicants are eligible to be on Maintained status.

 

Check with us to if you are eligible and qualify to be on Maintained status or if you wish to extend your status in Canada.

Contact Blue Vervain Immigration Services Inc.

www.bluevervain.ca

Instagram: @bluevervainimmigration

Call/Whatsapp: +1-6475621925

Email: [email protected]