Temporary residents in Canada, workers, students, and visitors, live on fixed timelines. When a permit or status document nears expiry, you typically have three broad possibilities:

1. Apply in time and benefit from maintained status (formerly “implied status”);
2. Miss the deadline and become out of status;
3. In some cases, apply to restore status within a limited window.

Falling out of status can jeopardize your ability to work or study, create gaps that complicate future applications (including permanent residence), and raise issues of non‑compliance. Recent Immigration, Refugees and Citizenship Canada (IRCC) changes to maintained status, especially around multiple applications and incomplete filings, have made timing and accuracy even more important. 

What is “maintained status” in Canada?

“Maintained status” is the term IRCC now uses for what was historically called “implied status.” It arises under the Immigration and Refugee Protection Regulations (IRPR) when a temporary resident applies to extend their stay before their current status expires. If the application is complete and properly filed in time, the person may remain in Canada under the conditions of their original status until IRCC makes a decision, even if the document expires in the meantime. 

Key features include:

• You must submit a complete extension application before the expiry of your current status;
• You must remain in Canada while the application is being processed;
• You are considered to have legal temporary resident status until IRCC decides.

If you are a worker who applies to extend your work permit before it expires, IRCC’s guidance confirms you can usually keep working under the same conditions as the original permit until a decision is made. If you instead apply to change to another category (for example, from worker to visitor), you may lose the right to work once the original permit expires, even though you remain in status as a temporary resident. Similar principles apply to students who change conditions.

Maintained status ends when IRCC makes a decision, when you withdraw your application, or when you leave Canada. Leaving the country before your new permit is approved generally ends maintained status, and you may not be able to resume work or study on return until the new permit is issued. 

2025 changes: multiple applications and incomplete filings

Effective May 28, 2025, IRCC updated its instructions and policy on maintained status, with particular emphasis on multiple applications and incomplete (“placeholder”) filings. 

The key points include:

• Complete applications required: To benefit from maintained status, the extension application must be complete and submitted before your current status expires. If an application is returned as incomplete after your original status has already expired, you are treated as having lost status when the document expired, even if you filed something before that date. 
•  Second applications do not “rescue” status after a refusal/return: If you submit a second in-Canada extension application while on maintained status, and the first application is refused (or returned as incomplete), the second application generally won’t extend your stay on its own—you may be considered out of status and need to look at restoration if eligible.

These updates close earlier perceived loopholes where applicants would file multiple or incomplete applications primarily to gain time. Under the new approach, placeholder filings and post‑expiry “backup” applications carry real risk.

What you can and cannot do on maintained status

The activities you can continue depend on what you applied for:

• If you were a worker and applied to extend your work permit as a worker before expiry, you can generally continue working under the same conditions, same employer, occupation, location, and hours, until IRCC decides.
• If you applied to change from worker to visitor or student, you may have to stop working on the day your original work permit expires.
• If you were a student and applied to extend your study permit as a student in time, you can generally keep studying under the same conditions. If you apply to change to visitor status instead, you must stop studying when your study permit expires. 

Maintained status does not give you new authority to work or study in ways that were not allowed under your original permit. It preserves existing conditions; it does not expand them.

Travel is another common pitfall. If you leave Canada while on maintained status and try to re‑enter, you may still be allowed in as a temporary resident (for example, on a valid visitor visa or eTA), but maintained status is lost, and you generally cannot resume work or study until IRCC issues the new permit. 

What happens if you miss the deadline and lose status?

If you do not apply in time, or if IRCC treats your application as never properly made (for example, because it was incomplete and returned after expiry), you may become out of status. At that point:

• You must stop any work or study that required authorization; continuing can be treated as unauthorized employment or study. 
• You begin to accrue a period of non‑compliance, which IRCC can consider when assessing future applications.
• In serious cases, enforcement measures (such as removal proceedings) are possible, especially if the period of non‑compliance is prolonged or combined with other issues.

However, Canadian law recognizes that people can make mistakes. Under the IRPR, a visitor, worker, or student who has lost temporary resident status may be eligible to apply for restoration of status within a fixed period.

Restoration of status: the 90‑day window

Under IRPR provisions on restoration, a visitor, worker, or student who has lost status by failing to comply with certain conditions, often because their status expired, can apply to restore that status if they act within 90 days of losing it and meet specific requirements. 

To qualify, you typically must show that:

• You apply within 90 days of the date you lost status;
• You continue to meet the initial requirements for your stay;
• You have not failed to comply with other conditions beyond those covered by restoration;
• You are not the subject of certain inadmissibility declarations.

During the restoration period:

• You may remain in Canada, but you cannot work or study until IRCC approves your restoration and, where required, your new work or study permit. 

The application for restoration is different from a standard extension. You must select the restoration option, pay the additional restoration fee, and provide a clear explanation and documentation about why you fell out of status and how you now meet the requirements.

If IRCC approves, your status is restored (often to the category you are applying for going forward). If restoration is refused, you remain out of status and should seek legal advice promptly about next steps.

Evidence that supports maintained status and restoration cases

Whether you are on maintained status or applying for restoration, IRCC officers are looking at compliance, credibility, and future intent. The evidentiary narrative is especially important after a missed deadline or previous refusal.

Typical documents and information include:

• Timeline evidence: Copies of permits, entry records, and proof of when applications were submitted (receipts, confirmation emails, courier tracking).
• Compliance evidence: Proof you followed conditions, for example, working only for the authorized employer, studying at a designated learning institution, or leaving Canada when required.
• Reason for the lapse: Documents explaining why a deadline was missed or why an application was incomplete (for example, delays outside your control, medical issues, or institutional errors).
• Current eligibility: Evidence that you still meet program requirements, such as job offers and LMIA/LMIA‑exempt codes for workers, enrollment and financial support for students, or ties and support for visitors. 

When there has been unauthorized work or study, officers may assess whether this was brief and inadvertent or prolonged and deliberate. Clear, organized submissions that address these concerns directly can reduce uncertainty.

One practical sequence for someone who missed a deadline

Because the rules are technical, a structured approach can help if you discover your status has expired:

• Confirm the exact expiry date of your last permit or status document, and the date IRCC returned or refused any application.
• Calculate whether you are still within the 90‑day restoration window. 
• Stop any unauthorized work or study immediately.
• Collect documents that show your history in Canada, prior compliance, and reasons for the lapse.
• Determine which status you are seeking to restore to (visitor, worker, student) and whether you meet those requirements now.
• Prepare a restoration application that clearly explains the situation and attaches evidence rather than leaving gaps for the officer to infer.

Even if restoration is not available, for example, if the 90‑day period has passed, early legal advice can help you assess remaining options and manage risk.

When to seek immigration advice

Maintained status and restoration sit at the intersection of tight timelines, changing policies, and significant consequences. Misunderstanding a deadline, travelling at the wrong time, or assuming a placeholder application is “good enough” can quietly change your position from fully compliant to out of status.

This article provides general information, not legal advice. Rules and policies change, and how they apply depends on your specific facts and documents.

Missed a deadline or unsure if you still have maintained status in Canada? Pace’s Immigration team can review your permit history, assess restoration or extension options, and help you prepare a clear, well‑supported application to re‑establish lawful footing.

FAQs – Maintained status & restoration in Canada

What is maintained status in Canada?

Maintained status is the legal ability to stay in Canada under the same conditions of your original temporary status after your permit or status document expires, provided you submitted a complete extension application before expiry and remain in Canada while IRCC processes it. 

Can I keep working or studying on maintained status?

If you apply in time to extend as a worker, you can usually keep working for the same employer under the same conditions while your application is in process; similar principles apply to extending as a student. If you instead apply to change to visitor status, you generally must stop the activity (work or study) when your original permit expires.

What happens if I leave Canada while on maintained status?

Maintained status is lost when you leave Canada. You may be able to re‑enter as a temporary resident if you have the right documents, but you generally cannot resume work or study until IRCC approves your new permit.

How long do I have to apply for restoration if I lose status?

In many cases, a visitor, worker, or student has up to 90 days from the date they lost status to apply for restoration, provided they still meet program requirements and have not violated other conditions. During that time, they cannot work or study until status is restored. 

Does a restoration application guarantee that my status will be restored?

No. Restoration is discretionary. IRCC will assess whether you meet the initial requirements, stayed within the 90‑day window, and complied with other conditions. Well‑prepared applications that address gaps and provide evidence are important, but approval is not automatic.