Canada: Maintained Status Rules Updated for Temporary Residents Filing Multiple Applications

Canada has revised its rules on maintained status for temporary residents who submit more than one application to extend their stay. Maintained status (formerly known as implied status) allows workers, students, and visitors to legally remain in Canada under the conditions of their expired permit while awaiting a decision on a timely-filed application to extend or change their status. Effective immediately, if a second application is filed while the individual is on maintained status and the first application is later refused, the second application will also be refused and returned. This represents a shift from the previous policy, under which a second application could preserve the individual’s authorized stay, though not their authorization to work or study, even after a refusal of the first. Under the new rules, only individuals who submit a second application before their permit expires may remain in Canada while it is processed, but they will not be authorized to work or study unless the application is approved. If the second application is submitted after the permit’s expiry and the first is refused, the person is immediately out of status and must apply for restoration of status, if eligible. Further information is available on the government’s website.