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How to get maintained status in Canada


May 6th, 2023 at 09:13 am

How to get maintained status in Canada

Maintained status, previously called implied status, is when a worker, visitor, or student asks to prolong or amend their temporary status in Canada before it expires. The applicant may remain in Canada on their former status until the new application is decided.

In this case, the person has status (previously inferred status). This continued status in Canada lasts until the government approves your new job or study application.

If you have a work visa, maintained status lets you keep working in Canada. In addition, If you have a study permit, it can let you stay in Canada. If you were a visitor when you requested an extension or change of temporary status in Canada, you may be entitled to stay.

How do I get maintained status in Canada?

Maintaining status requires being a visitor, student, or worker in Canada. Before your permit expires, you must ask for an extension. Maintaining status is automatic in such a case.

Be careful—after your present status expires, your work and study rights in Canada may alter significantly.

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Maintained status for work permit holders

You can work under the same conditions as your work permit while your application is decided. It would help if you stayed in Canada to work.

You filed for a new work permit through International Experience Canada (IEC), which includes the famous Working Holiday program. If so, you cannot work once your permission expires and while your IEC application is reviewed.

Study permits and visitor records

Your work permit expires. If you hold a work permit and apply for a study permit, you cannot work or study until your application is approved. You may wait in Canada.

Moreover, You can study while waiting to extend your study permit.  If you request a new study permit after your current one expires, you must stop studying until you receive a decision.

After your study permit expired, you could not apply for a work permit or visitor record. You couldn’t work until your work permit application was approved. You can wait in Canada for a decision.

Maintaining status requires applying for your new status while your current status is valid. IRCC and others recommend applying 30 days before your status expires.

If you applied for a study permit or visitor record

If they leave Canada, maintained status holders will lose their right to work until their application is decided.

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Also, If you leave Canada on maintained status and return, you won’t be eligible to work until the government accepts your new application.

Applicants must consider leaving Canada while keeping their status. To keep working in Canada, some people miss family occasions abroad. If you want to forgo this privilege to travel overseas, make sure you have enough money to last until your application is accepted, which can take months.

Is maintained status the same as implied status?

In 2021, IRCC renamed implied status to sustained status. Only the name changed. “Implied status” was a carry-over term from previous legislation that confused officers and applicants, according to an official government release to Immigration, Refugees, and Citizenship Canada (IRCC) staff.

Thus, IRCC substituted “implied” with “maintained” in its public pages and instructions to explain that applicants who renew their status receive a legal extension of their approved stay.

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