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Understanding Implied / Maintained Status

Maintained Status — previously known as Implied Status — allows you to legally remain in Canada while Immigration, Refugees and Citizenship Canada (IRCC) processes the renewal of your visitor, work, or study permit.
This status is automatically granted when you apply for a renewal before your current permit expires, enabling you to continue your activities under the same conditions without penalties or interruption.
Maintained status provides stability and legal continuity for international students, foreign workers, and visitors, ensuring they can live, work, or study legally while awaiting a final decision from IRCC.

1. What happens if I lose my implied status?

The maintained status expires when IRCC reaches a final decision on the application that was in process or if the person leaves Canada while the application is in process. If an individual loses their implied status in Canada, they will be considered out of status and will likely face consequences. If IRCC renders a negative decision, in most of the cases, the individual will fall under a period called restoration of status in which the foreign national will be granted 90 additional days to submit a new application to restore their status. If the individual doesn’t send a new application during the 90 day period, they will be asked to leave Canada.
There are also some noteworthy restrictions and limitations. Maintained or implied status only applies to individuals who have submitted an application before their current permit expired. As such, individuals should ensure they have met all the requirements and conditions before relying on implied status to maintain their legal status in Canada.

2. Can I travel outside Canada while on maintained or implied status?

A person is allowed to leave Canada while in maintained status, however is strongly recommended not to do so due to the risk of complications, delays, refusals or cancellations of the application that is in process. If an individual’s application for renewal is refused while they are outside of Canada, they may be unable to return to Canada with a valid status, until they submit a new application outside Canada until they have obtained a new work permit.
Additionally, violating any of the conditions of implied or maintained status, can result in removal from Canada and a potential refusal on future applications. The rules can be complex to navigate so if any potential concerns are raised, individuals should seek legal advice if they have any questions.
Contact us for a free assessment of your case.

3. What happens if my application is denied and I lose my maintained or implied status?

You are still considered ‘in status’ until your application is refused. On the date that your application is refused, in most of the cases, you are given a 90-day restoration period. Within these 90 days, you will be able to apply for restoration of status, otherwise you will have to leave Canada.
An individual who is currently on a restoration period is not authorize to work or study. If your application for restoration is successful, you will be able to restart your activities under the conditions of the new work or study permit. A person with a tourist visa is not allowed to work or study under any circumstance until the status in Canada is changed to worker or student.

4. How long can I remain on maintained or implied status?

In general, the length of time an applicant can remain on maintained implied status depends on the time that IRCC takes to assess the temporary resident application. Implied Maintained status begins to take effect when an individual applies for an extension/renewal to their current status in Canada and generally ends once that application is either approved or denied.
If the application is approved, the individual will receive a new permit with a new expiry date. If the application is denied, the individual will no longer have legal status in Canada and in most of the cases, they will be granted 90 additional days to submit a new application to restore the status, however, during the restoration of status period the foreign national is not authorized to work/study unlike while in maintained status. This allows individuals to stay in Canada until a decision is made on their application, ensuring continuity in their daily activities without the risk of penalties or having to leave the country.
Essentially, the length of time an individual can remain on implied/ maintained status varies based on the type of application and the processing times of the relevant authorities. Evidently, implied maintained status is not a permanent solution, but it provides individuals with some time while awaiting a decision on their application.
Contact us to learn more about how we can help you with your immigration needs.

5. Can I switch from implied status to permanent residency?

If an applicant is considering switching from implied status to permanent residency in Canada the eligibility criteria will depend on the specific immigration program they apply for. Each program is different, some require different education, work experience, and even sponsorship from a Canadian employer or family member.
Maintaining legal status and meeting the eligibility criteria are both requirements for switching to permanent residency. While implied or maintained status provides temporary relief, it doesn’t guarantee eligibility for permanent residency. To transition successfully to permanent residency, individuals need to meet all the requirements and criteria for the program they apply for. Our team has the expertise to guide you through the complex immigration process and help you achieve your goals, contact us today to learn more.

6. Need Help Maintaining Your Status in Canada?

Our licensed RCIC consultants assist foreign workers, students and visitors to renew their status, avoid refusals and stay compliant with IRCC rules.
If you need to apply for an extension of your status or your current status has expired, it can be a daunting task to rectify the situation and avoid severe consequences. That’s where Immigration Pros can help!
Our team of experienced immigration consultants has helped countless individuals navigate the complex process of reapplying for status and making sure the immigration process runs smoothly.
We understand the challenges applicants face and we are committed to providing personalized support and guidance throughout the process. Contact us today at Immigration Pros to learn more about how we can help you restore your legal status and stay in Canada.

7. Frequently Asked Questions About Maintained Status

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Immigration Pros does not provide job placement or recruitment services.
For job opportunities in Canada, you can visit our sister company’s career site, Workvantage, by clicking the button below.

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Provide Complete Information:

1. Required Positions(s), Location(s), Wage(s), Weekly Hours, Employment Duration
2. Workforce @ Location(s): Total Current Employees & # of Current Foreign Workers
3. Business Start Date (Year established)
4. Observations.

Provide Complete Information:

1. Care type (child, elderly, illness, disability) & Details of person(s) requiring care (e.g., ages, medical conditions).
2. Live-in or Live-out preference, Wage (per hour) & Weekly Hours.
3. Caregiver Candidate (if identified): Age, Highest Level of Education, English/French Ability, and Relevant Experience.
4. Observations.

Provide Complete Information:

1. Sponsor Status: (Canadian Citizen/PR) & Current Country of Residence (if Canada, which province).
2. Spouse/Partner Being Sponsored: Nationality & Current Location.
3. Dependent Children: (if any to be included).
4. Sponsorship History:
– Has the Sponsor previously sponsored a spouse?
– Was the Sponsor themselves sponsored as a spouse in the last 5 years?
5. Financial Eligibility: Is the Sponsor receiving Social Assistance or currently in Bankruptcy, or in default of child support or immigration loans?
6. Background Check: Do either the sponsor or applicant have any past criminal convictions, serious medical conditions, or previous visa refusals?
7. Status & Marital History: If the applicant is inside Canada, what is their current legal status? Are all previous divorces (if any) fully finalized?
8. Relationship Details: (Marriage Date or Start of Cohabitation, other details).
9. Observations: (Please list any other details or specific concerns).

Provide Complete Information:

1. Applicant Nationality & Current Country of Residence (Immigration Status).
2. Purpose of Visit, Travel dates & duration.
3. Are you visiting specific family/friends? (which family/friends).
4. Any previous Canadian or US visa applications/refusals?
5. Financial Support & Ties to Home Country (e.g., Job, Property, Family).
6. Observations.

Provide Complete Information:

1. Date you obtained your Permanent Residence.

2. Approximate number of days spent in Canada over the past 5 years.

3. Did you hold any temporary status in Canada (e.g., Student, Worker) prior to becoming a PR? If so, please indicate type and duration.

4. Have you filed Canadian Income Tax Returns for a minimum of 3 out of the last 5 years?

5. Your level of proficiency in English or French (Basic, Intermediate, Fluent).

6. Prohibitions & Background:
– Any criminal record, including convictions, probation, or parole (inside or outside Canada).
– Are you currently under a Removal Order or being investigated by immigration authorities?

7. Additional comments or notes.

Provide Complete Information:

1. Visitor (Parent/Grandparent):
– Nationality & Current Location.
– Previous Canadian or US visa applications/refusals.
– Any major medical conditions?
2. Inviter (Child/Grandchild in Canada):
– Status (Citizen/PR).
– Total Household Size (Number of people living in the Inviter’s home, including spouse/children).
– Total Annual Household Income (Gross).
3. Observations.

Provide Complete Information:

1. Do you have a Canadian job offer? (Employer, Position, LMIA status, Transfer). Related Work experience and previous Canadian visa/permit applications or refusals
2. If no job offer detail your Open Work Permit Eligibility: (e.g., spouse of worker/student, PGWP, IEC/Working Holiday)?
3. History of previous Canadian visa/permit applications or refusals.
4. Observations.

Provide Complete Information:

1. Intended Program (level of study) & Canadian Institution’s Letter of Acceptance.
2. English/French Skills (IELTS, CELPIP, TEF scores)
3. Financial Support, Ties to Home Country
4. Any previous Canadian or US visa applications/refusals?
5. Observations.

Provide Complete Information:

1. Current Status (e.g., Visitor, Study, Work) & its Expiry Date.
2. Detail Basis for Extension: Study (Letter of Acceptance), Work (LMIA details), Visitor (purpose e.g., tourism, family, family sponsorship).
3. Observations.

Provide Complete Information for You and your Spouse/Partner:

1. Age, Nationality, Marital Status, Education (Highest level Completed), English/French Skills (IELTS, CELPIP, TEF scores), Funds.
2. Work Experience (last 10 years):
– Years of Foreign Skilled Work Experience.
– Years of Canadian Skilled Work Experience.
3. Intended province of residence (e.g., Ontario, Quebec, BC)
4. Canada Connections:
– Any family, previous study, or work experience in Canada, Job Offer (Province)
5. Observations.

1. What specific immigration program or application do you need help with?

2. What is your current situation (citizenship, country of residence, immigration status, family in Canada, etc.)?

3. What specific action do you want to take (apply, renew, appeal, check requirements, etc.)?

4. Do you have any important deadlines or key dates?

5. Observations (brief case description)

Table Of Contents
  1. 1. What happens if I lose my implied status?
  2. 2. Can I travel outside Canada while on maintained or implied status?
  3. 3. What happens if my application is denied and I lose my maintained or implied status?
  4. 4. How long can I remain on maintained or implied status?
  5. 5. Can I switch from implied status to permanent residency?
  6. 6. Need Help Maintaining Your Status in Canada?
  7. 7. Frequently Asked Questions About Maintained Status
  8. Start your Free Assessment

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