Who's Eligible for Maintained Status?

Because IRCC has got new rules for the program.

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Maintained status (f.k.a. “implied status”) lets certain temporary residents keep working, studying, or staying in Canada after their permit expires, as long as they applied for an extension before the expiry date.

It’s one of the most misunderstood rules, especially after IRCC updated the rules on May 28, 2025. So, if you’re relying on old assumptions, you might be at risk.

TL;DR: The new rules are stricter if you file more than one application.

BEFORE the rule change:

• If your first application was refused, a second application already in the system could keep you in Canada legally (though not working or studying).

• This was a lifeline (or loophole depending on how you see it) for people who filed “safety net” second apps while the first was still being processed.

AFTER the rule change (May 28, 2025):

• If your first application is refused, your status ends immediately

• Any second application filed after your permit expired gets refused and returned: no grace period

• You become out of status right away, even if that second app was pending

• You must stop work or study and apply for restoration within 90 days after you receive the first refusal , if eligible

What This Means

• Your first application controls everything. If it’s refused, it’s game over for maintained status.

• Second applications filed after expiry no longer offer protection : they're now considered invalid if the first is refused.

• The moment you lose status, you lose your work and study rights.

Final Tips

• File early. Don’t wait until the last week.

• Don’t rely on backup applications. That safety net is gone.

• Track your dates, check your application completeness, and have a plan B ready.

If you are ready to add 🌶️ to your 🇨🇦 immigration plan, book some time with Westdale Immigration Consulting Inc.