How Does Maintained Status Protect Temporary Residents in Canada?

Maintained status is a vital bridge for temporary residents in Canada who are awaiting a decision on their extension application. By applying before their current permit expires, visitors, students, and foreign workers can stay legally in the country without disruption.

Under the maintained status, individuals can continue working, studying, or staying as visitors. They remain under the same terms as their original permit until a decision is reached. This legal provision ensures continuity and provides peace of mind.
Through this article, we delve into the details of what maintained status is, how it functions, and its implications.

What is Maintained Status under Canadian Law?

Under Canadian immigration law, Maintained status is a legal term that indicates temporary residents are allowed to remain in Canada while their application for an extension of their status is being processed. To qualify for Maintained status, temporary residents must apply for an extension of their work or study permit before their current permit expires.

What If You Apply to Extend Your Permit?

When a work or study permit extension application is submitted:

1. Temporary residents can maintain their jobs without interruption while awaiting a decision on their extension application.
2. Students can attend classes and participate in academic activities without any legal issues during this period.
3. However, Suppose an applicant seeks to switch from one type of permit to another (for example, from a work permit to a study permit). In that case, they cannot work or study until a decision is made on the new application.

What happens after your permit expires?

1. When a temporary resident’s permit expires they can:
2. Submit an extension application before expiration and benefit from maintained status; then, they can stay legally in Canada.
3. Maintained status covers any gap between the expiry of the old permit and the issuance of the new one, preventing any status violation.
4. Immigration officers recognize maintained status when assessing PR applications.
5. The new permit typically indicates that the individual maintained their legal status during the interim period.

Can I Travel Outside Canada while on Maintained Status?

Always keep in mind that Maintained status is valid only within Canada. However, you may leave the country with some sort of restrictions mentioned below:

• Re-entry as a temporary resident is possible only for those with a valid Temporary Resident Visa (TRV) or who are TRV-exempt.
• Upon re-entry, individuals cannot resume work or study until a final decision is made on their extension application.
• For instance, a student awaiting a study permit extension can leave Canada but won’t be able to resume studies until the new permit is issued. It is highly recommended to remain in Canada during this period.

How Can You Prove Your Maintained Status at the Border?

If you re-enter Canada on Maintained status, you must produce the following documents:

1. Application Status: Provide application evidence like Acknowledgment of receipt (AOR) if applied online or application copy and proof of delivery if it’s a paper submission.
2. Financial Proof: You must produce financial stability status such as bank statements, pay stubs, or other documentation to support yourself while awaiting the decision on your application.

How Are Application Dates and Times Determined?

Immigration, Refugees, and Citizenship Canada (IRCC) utilize Coordinated Universal Time (UTC) to ensure fairness in application processing across different time zones. You must submit applications before midnight UTC on the day the current status is set to expire.

The applicant loses their Maintained status rights if an application is received after midnight UTC on the expiry date.

Failing to submit an application before the specified deadline results in the loss of Maintained status. which can affect an individual’s ability to remain in Canada legally while waiting for a decision on their extension application

Frequently Asked Questions

1. What is the significance of maintained status in Canada?
   Maintained status allows individuals or families to stay in Canada legally while their application for an extension of a previous permit is processed. They do not lose their legal status during this time.
2. When does maintained status begin?
   Maintained status begins automatically upon the expiration of a previous permit if an extension application has been submitted.
3. Can I continue working if I apply for a work permit extension?
   Yes, of course, if you apply for an extension with the same employer before your current permit expires, you can continue working under the same conditions.
4. What happens if I apply for a work permit with a different employer?
   If you apply for a work permit with a different employer, you must stop working when your previous permit expires and wait for the decision on your new application.
5. As a student, can I continue studying while on maintained status?
   Yes, students can continue studying under their previous study permit conditions if they apply for an extension before it expires.
6. What to do if my application is refused while on maintained status?
   If your application is refused, you will be out of status in Canada. Depending on your situation, you can apply for restoration of status.
7. Can I leave Canada while on maintained status?
   Yes, individuals can leave Canada while on maintained status and may re-enter as temporary residents if they have a multiple-entry visa or are TRV-exempt.
8. How can I prove my maintained status?
   Proof of your application for an extension is generally accepted as proof of maintained status, provided it was submitted while your previous permit was valid.
9. What if there’s a gap in dates between my permits?
   You may notice gaps in dates between your permits. However, the renewed permit usually states that you maintained your status until the new one was issued.
10. What if my previous permit expires before I receive a decision?
    If your previous permit expires and you have applied for an extension, you remain on maintained status until a final decision is made, allowing you to stay in Canada legally.

You may contact us for immigration-related concerns. Our team at ImmiLaw Immigration is ready to assist you with your immigration needs, including visa applications, study permits, and permanent residency options. With our immigration lawyer, you will receive expert guidance that simplifies the complexities of the immigration process and ensures that your application is completed accurately and submitted on time.

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