Maintained Status in Canada

Formerly called implied status. It lets you keep working while an extension is processed, and it exists only if you applied before your permit expired.

Book My 15-Minute Assessment →

Maintained StatusImplied StatusExtensionsWork Authorisation

Maintained status is earned by applying on time. It cannot be obtained afterwards.

The Short Answer

What is maintained status?

Maintained status allows a temporary resident who applied to extend their permit before it expired to continue working or studying under the conditions of the expiring permit while the new application is processed. It arises automatically from applying on time. It cannot be applied for separately, and it is not available to anyone who applied after their permit expired.

Your Legal Team

Lawyers licensed by the Law Society of Ontario

270+ Google reviews, complimentary 15 minute assessment

WHAT IT IS

A Consequence of Applying on Time

Maintained status is not a permit and not something you apply for. It is the legal effect of having a valid extension application in the system when your current permit expires.

The older name, implied status, described it better in one respect: nothing is issued. There is no document confirming it. What you have is the receipt or acknowledgement of your application, and the fact that it was submitted before the expiry date.

That absence of a document causes practical difficulty. Employers and landlords sometimes ask to see proof of status and there is nothing to show them beyond the application confirmation. Keeping that confirmation, and a copy of the expired permit, is what evidences the position.

THE LIMITS

What It Does and Does Not Allow

It permits you to continue under the same conditions as the expiring permit. That is the critical qualification.

If you held an employer-specific work permit, you may continue working for that employer, in that role. You may not move to a different employer.
If you held an open work permit, you may generally continue working broadly.
If you held a study permit, you may continue studying at the same institution.
It applies only while you remain in Canada.

That last point catches people. Maintained status does not survive leaving the country. If you travel abroad while your extension is pending, you lose the benefit of it, and re-entry depends on holding a valid visa or travel authorisation, with the officer at the border deciding whether to admit you.

HOW IT ENDS

When Maintained Status Comes to an End

It continues until a decision is made on the extension application. Three outcomes:

Approved. The new permit takes effect and the position is regularised.
Refused. Maintained status ends on the date of the decision. Work or study must stop immediately, and you are expected to leave or to take another step promptly.
Withdrawn or returned. An application returned as incomplete is treated as never having been made, which can retroactively remove the protection.

The third of these is the one that does real damage. An incomplete application, returned weeks later, can leave someone who believed they were in status discovering that they were not, and that they worked without authorisation in the interval.

That is a reason to be careful with the application itself rather than merely fast.

IF YOU MISSED IT

Applying After the Expiry Date

If your permit expired before you applied, maintained status is not available and cannot be recovered.

What may be available is restoration of status, within a limited window after the loss. Restoration is a different application with its own requirements and fee, and it does not authorise work or study while pending.

Working during that period, even for an existing employer, is unauthorised work. It affects future applications, and it is one of the more common ways a straightforward situation becomes a complicated one.

General information

This page is general information about Ontario and Canadian law published by Lexaltico LLP. It is not legal advice, it does not account for the facts of any particular situation, and reading it does not create a solicitor-client relationship. Rules change, and whether any option is available to you depends on your own circumstances.

Immigration status and permits

Common Questions

Frequently Asked Questions

Is there a document proving maintained status?

No. Your evidence is the application confirmation together with your expired permit. Keeping both accessible matters.

Can I travel while on maintained status?

Leaving Canada ends the benefit of it. Return depends on your visa or travel authorisation and on the officer at the port of entry.

Can I change jobs while my extension is pending?

Not if your permit was employer-specific. Maintained status continues the same conditions, and changing employers is not one of them.

How long does maintained status last?

Until a decision is made. Processing times vary and it can extend for months.

What if my application is refused?

Maintained status ends on the date of the decision. Work must stop, and the next step should be taken quickly.

Book My 15-Minute Assessment

Talk to Us About Maintained Status in

Our lawyers offer a 15-minute initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.

Lexaltico LLP

Downtown Toronto

55 University Ave, Suite 1100
Toronto, ON M5J 2H7

North York

2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7

Phone

+1 416 333 6200

Hours

Monday to Friday: 9:00 AM to 5:00 PM
Evenings & weekends by appointment

Call for an Initial Assessment →

Related Estate Litigation Pages & Guides

Estate Litigation Overview Capacity Assessments Passing of Accounts Estate Trustee Removal

Book My 15-Minute Assessment

Ready to Talk? Book My 15-Minute Assessment

No obligation, no cost for the first conversation. We will tell you honestly whether we can help.

A lawyer replies within 24 hours on business days. Urgent? Call +1 416 333 6200, answered 24/7. Submitting this form does not create a solicitor-client relationship.

Free, 4 questions, no email required

Is your status at risk?

Four questions. Immigration is mostly deadlines, so this is about dates rather than merits.

This is general information about Ontario law, not legal advice, and it does not create a solicitor client relationship. It gives no estimate of value. Lexaltico LLP is regulated by the Law Society of Ontario.

Speak to a lawyer about your situation.

Contacting us does not create a solicitor-client relationship. Please do not send confidential information until we have confirmed we can act for you. We aim to reply within one business day. Sending this form does not meet any court deadline or limitation period.

If you or a child are in immediate danger, call 911. This form is not an emergency service and is read during business hours. Assaulted Women’s Helpline 1-866-863-0511, Talk4Healing 1-855-554-4325, both open around the clock.

Book My 15-Minute Assessment