What is maintained status or implied status in Canada?
Short answer
In Canada, “maintained status” (formerly called implied status) describes the situation of a person who applied to extend their permit before it expired: the Regulations allow them to remain in the country and, in the case of a work permit, to keep working under the same conditions until a decision is made.
In detail
The expression does not appear as such in the legislation. It describes the effect of several provisions of the Immigration and Refugee Protection Regulations, including s. 186(u) for work. The principle is the same throughout: an application filed on time “extends” the existing situation while it is being processed.
This status is not a new authorization. It carries over the conditions of the previous permit, other than the expiry date. It ends as soon as a decision is made, and it also ends if the person leaves Canada.
Conversely, if the permit has expired and no application was filed before expiry, status is lost. A different procedure then applies: restoration of status under section 182 of the Regulations, subject to a 90-day deadline.
What to document
The exact expiry date of your permit, the date you sent your application, and the acknowledgment of receipt. Those three dates, set side by side in a timeline, are what distinguishes maintained status from loss of status.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Immigration and Refugee Protection Regulations, s. 186 (work without a permit)
- Immigration and Refugee Protection Regulations, s. 182 (restoration of status)
Related questions
- Can I change employers while my extension is being processed?
- Can I leave Canada while my extension application is being processed?
- My permit expired and I did nothing what can I do?
- How long do I have to apply to restore my status?
- Can I work while my restoration application is being processed?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.