June 8th, 2025 at 06:08 am
Canada New Maintained Status Policy Now Applies to Multiple Visa Extension Applications
Canada has recently updated its maintained status policy, impacting temporary residents who apply for multiple visa extensions. This change primarily affects international workers, students, and visitors who depend on extending their stay in Canada.
The new rules significantly alter how temporary residents can remain in Canada legally. The maintained status provision allows foreign nationals to stay in Canada while their extension applications are processed. Understanding these changes is crucial for anyone wishing to extend their stay.
Overview: Maintained Status in Canada
Maintained status, previously known as implied status, is a provision that allows temporary residents to legally remain in Canada after their original permit expires. This applies as long as they submit an extension application before the expiration date. This status covers:
- Work permit holders
- Study permit holders
- Visitors
Individuals with maintained status can continue living in Canada under the same conditions as their expired permit until their application is decided.
What’s Changed in the Maintained Status Policy?
The Canadian government has introduced key revisions regarding multiple applications filed while on maintained status. Here’s what you need to know:
1. One Application at a Time
If you are on maintained status and submit a second application before the first application is decided, be cautious. If your first application is refused, the second application will also be denied and returned. This marks a significant shift from the previous policy, which sometimes allowed a second application to maintain your authorized stay.
2. No Work or Study on Second Application (Pre-Expiry)
If you file a second application before your initial permit expires, you can stay in Canada legally while it is processed. However, you cannot work or study until the second application is approved. This limitation is essential for many applicants to consider.
3. Immediate Loss of Status (Post-Expiry)
If you submit a second application after the expiration of your original permit and the refusal of your first application, you will immediately lose your legal status. In this case, you must apply for a “restoration of status” if eligible, which can be a complex process. These changes highlight the importance of careful planning and timely applications. Ensuring your initial application is complete and accurate is now more critical than ever.
Temporary Resident Permit (TRP)
A Temporary Resident Permit (TRP) is a special authorization from Immigration, Refugees and Citizenship Canada (IRCC). It allows individuals who are inadmissible to Canada for reasons like medical issues or criminality to enter or remain in the country temporarily. Key characteristics of a TRP include:
- Discretionary: Issued on a case-by-case basis.
- Limited Duration: Valid for a specific period.
- Conditional: May impose work or study restrictions.
- Not a Path to PR: Does not lead directly to permanent residency.
What TRP Holders Should Know
Holders of TRPs are classified as temporary residents but are not eligible for permanent status. If a TRP holder submits a new TRP application, they do not benefit from the maintained status rules. They must wait for a decision before continuing to work or study in Canada. This restriction also applies to extending work or study permits, which do not allow renewal while awaiting a new TRP decision.
Final Thoughts
Canada’s updated policy on maintained status emphasizes the necessity of timely and accurate immigration applications. For international students, temporary workers, and visitors wishing to extend their stay, understanding the differences between temporary status and Temporary Resident Permits (TRPs) is vital.
Being informed can help avoid unintentional violations and ensure a smoother path to staying in Canada.
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