Maintained Status and what it really means

What is maintained status?

Foreign nationals that entered Canada legally have temporary resident status. Temporary residents must leave Canada at the end of their authorized period of stay. However, a temporary resident may apply to Immigration, Refugees and Citizenship Canada (IRCC) to extend their period of authorized stay before it ends. In this case, they are considered to have legal status as a temporary resident during the processing period and may still be able to study and/or work in Canada until a decision is made on their application. This is known as maintained status (previously called implied status).

When do I need to apply?

The date and time the application was received are important for determining if status is maintained. You can only benefit if the new application was submitted before the current status expired. For online applications, IRCC uses Coordinated Universal Time (UTC) around the world to ensure that time is equal for all. Therefore, receipt dates and times do not depend on time zones; all applications must be submitted before midnight UTC on the date the applicant’s status expires. For example, if a student in British Columbia applies for a new study permit at 10 pm on the day their current study permit expires, the application would be received after midnight UTC, and the student does not maintain their status.

The date received for paper applications is the date physically received and stamped at the appropriate Case Processing Centre. However, if the date physically received is after the expiry date of the applicant’s status, the officer will backdate the received date by 7 days to account for any mail delivery delays.

Can I continue studying or working in Canada under maintained status?

If a temporary resident applies for a new study or work permit before the expiry of their existing study or work permit and their existing permit expires before a decision is made, they are authorized to study or work without a permit under the same conditions pending a determination of their application and only as long as the person remains in Canada. They have maintained their status as a student or worker throughout the processing period. 

This means that you can continue working if you applied for a new work permit before your current work permit expired. If your previous work permit listed an employer, you can only work for that employer while you wait for the new work permit because the conditions of the expired work permit still apply during maintained status. 

Leaving the country

If you leave Canada after your previous immigration status expired, you lose maintained status. If you return to Canada and re-enter as a visitor, you have to wait until your application is approved before you can study or work in Canada again. 

If you leave Canada after you submitted the new application but before your current study or work permit expires, you can re-enter as a student or worker and continue studying or working until your application is finalized.

Maintained Status and IEC

Maintained Status only applies to applications from within Canada! An application under the International Experience Canada (IEC) program is always considered an application made from outside of Canada. Therefore, you do not maintain your status in Canada if you apply for a new IEC participation. If you want to stay in Canada while you wait for a decision on your new IEC participation, you must apply for a visitor record to extend your stay as a visitor before your work permit expires. You must stop working while you wait.

How can I prove to my employer that I can continue working without a valid work permit?

If you apply online and meet the requirements for maintained status, you will receive a letter in your account called WP-EXT that you can use as proof that you are authorized to keep working under the same conditions as your original work permit while your application is being processed. You can print this letter and show it to your employer together with your current work permit.

The WP-EXT letter automatically lists an expiry date that is 120 days from the date your application was received as this is the service standard to process this type of application. However, if your application has not been finalized by the date on your letter, you can still keep working past the expiry date on the letter until your application is processed, if the conditions are the same as on your original work permit.

If your employer or others need proof that you can continue to work, you can show them this web page. If your employer is not satisfied with the information on this page, you can contact IRCC.

If you applied on paper, you won’t get a WP-EXT letter because IRCC will need to make sure that your application is complete and that you meet the requirements to work. However, if you applied to extend or change your work permit before it expired, you are still authorized to continue working under the same conditions as your current work permit.

Valid forms of proof that an application was submitted include a copy of the work permit application, proof that he paid the applicable fees and/or a copy of postal or courier tracking information.

Example

If you held a work permit valid until April 15 and mailed an application for a new work permit to the appropriate Case Processing Centre that was physically received and stamped on or before April 22, you can work in Canada without a work permit until a decision is made on the application, as long as you remain in Canada after the expiry of your work permit and continue to comply with the conditions set out on the expired work permit (other than the expiry date). You will not get a WP-EXT letter but can show a copy of the work permit application and tracking number to your employer as proof that you are still authorized to work in Canada.

Can I benefit from maintained status when I apply for a new kind of permit?

If you apply for a new work permit, study permit or visitor record before your current status expires, you can remain in Canada until you receive a decision but cannot start your new activity (studying or working) until you have received your study or work permit. For example, if you currently hold a work permit and applied for a new study permit, you can legally remain in Canada after your work permit expired, but you must wait until your new study permit has been approved before you can start your studies in Canada.

Work permit or visitor status to study permit

If you have a work permit or are in Canada as a visitor (tourist) and then apply for a study permit, you can stay in Canada after your previous status expired and while your application is in progress. You cannot start studying until your application for the study permit was approved. If you have a work permit, you must stop working when it expires. 

Study permit to Post-Graduation Work Permit (PGWP)

If you completed your study program, had a valid study permit when you submitted your application for a Post-Graduation Work Permit, and were eligible to work off campus without a work permit while studying, you can work full-time until your work permit application is finalized. In this situation, you also do not lose the ability to work when you leave and re-enter Canada, even if your study permit has expired. If you do not meet the criteria, you must wait until your work permit arrives to begin your new job. Remember that it is illegal to work in Canada without authorization.

Looking to remain in Canada? Contact us for support with your new application!