On May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced regulatory changes affecting maintained status—the provision that allows temporary residents to remain in Canada after their permit expires, provided they submitted an extension application in time. While framed as procedural updates, these changes carry important consequences for individuals dealing with refusals or permit expiry.
What Is Maintained Status?
Maintained status (formerly called “implied status”) means that if a temporary resident submits an application to extend or change their status before their permit expires, they are legally permitted to stay in Canada and continue working or studying under the conditions of their expired permit until a final decision is made—based on IRCC’s own guidance [1].
Summary of the May 2025 Changes
IRCC has introduced limits around when maintained status applies, especially in cases involving multiple applications:
Scenario | Prior to May 28, 2025 | After May 28, 2025 |
---|---|---|
First application filed before permit expiry | Full maintained status—legal stay with work/study rights | ✅ No change |
Second application filed before expiry, after refusal | Maintained status continued, including work/study rights | ❌ Legal stay only; no work/study until second is approved |
Second application filed after expiry, after refusal | Application processed; maintained status often continued | ❌ Application returned; individual is out of status and must apply for restoration |
Only the first timely application now preserves the full scope of maintained status. Subsequent applications do not guarantee work or study rights—and applications filed after permit expiry are outright refused and not considered by IRCC [2].
Key Legal Details to Note
- Submission timing is based on Coordinated Universal Time (UTC). If IRCC receives an online application past midnight UTC on the expiry date, it is considered late [3].
- Legal stay ≠ work or study authorization. Under a second application, individuals may remain in Canada but lose work/study rights unless the new application is approved.
- Restoration is discretionary and must be applied for within 90 days of losing status—it is not guaranteed [4].
- No flagpoling: IRCC removed the ability to apply for or change permits at ports of entry as part of these updates [2].
What These Changes Mean in Practice
These updates strengthen procedural integrity and reduce opportunities for “placeholder” or incomplete applications designed merely to prolong status [5]. For many individuals, small miscalculations—such as misjudging filing time or relying on second attempts—could now result in serious disruptions to legal status and work or study eligibility.
Recent media coverage also highlights how these changes have left some migrants in limbo, unable to work while their applications await processing, particularly in sectors that previously relied on lenient interpretation of maintained status [6].
Considerations for Temporary Residents
In light of IRCC’s revised approach, individuals may wish to:
- Submit applications well before the actual expiry, not just by the deadline.
- Understand that second applications may not preserve full status, even if filed on time.
- Rely on UTC for timing, not local device clocks.
- Recognize that restoration of status is never guaranteed and is subject to IRCC discretion.
- Consult a licensed immigration professional before proceeding in complex or uncertain scenarios.
Conclusion
IRCC’s changes to maintained status adhere to its goal of reinforcing procedural compliance and limiting misuse of extension mechanisms. While legitimate applicants previously benefited from procedural flexibility, these changes now demand greater technical rigor and awareness.
When facing permit expiry or application issues, it is critical to seek qualified guidance to ensure compliance and avoid inadvertently losing status in Canada.
Sources
- IRCC Help Centre – I applied for a new work permit. Can I stay and keep working?
- IRCC News – Notices of changes to immigration regulations
- IRCC Help Centre – What is Coordinated Universal Time (UTC)?
- IRCC – Restore your status and get a work permit (workers)
- Times of India – Canada cracks down on dummy work permit applications
- Reuters – Some migrants in Canada lose work status while applications languish
- Economic Times – Canada revises maintained status rules for temporary residents
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For personalized assistance, please consult a licensed immigration consultant or lawyer.