Major Changes to IRCC Maintained Status Rules for Temporary Residents in 2025
On May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) introduced significant updates to the rules governing maintained status for temporary residents in Canada. These changes impact individuals holding study permits, work permits, and visitor visas who are seeking to extend their stay in the country.
What Is Maintained Status?
Maintained status, formerly known as “implied status,” allows foreign nationals to legally remain, work, or study in Canada under the conditions of their existing permit. This status applies if they submit an extension application before their current permit expires. It remains in effect while IRCC processes their application.
Key Changes Introduced in May 2025
The 2025 updates bring clarity and stricter guidelines to the maintained status system. Here are the primary changes:
1. Multiple Applications and Maintained Status
Under the new rules, maintained status is only tied to the first extension application submitted before the permit expires. If an individual submits additional applications while on maintained status, these do not extend or reset their status.
If the first application is refused and a second is still pending, maintained status no longer continues. The second application will be refused and returned, leaving the individual out of status once the first application is denied.
2. Impact of Leaving Canada While on Maintained Status
Temporary residents who leave Canada before a decision on their extension application lose their maintained status. Upon re-entry, they cannot resume working or studying until their new permit is approved and issued. Re-entry does not restore maintained status.
3. Restoration of Status
Individuals whose extension applications are refused after their permit expires are now out of status. They may regain legal status by applying for restoration, provided they meet eligibility criteria and submit their application within the allowable timeframe.
Summary Table: Maintained Status Rule Changes (2025)
| Previous Rules | New Rules (as of May 28, 2025) |
|---|---|
| Second extension application could maintain legal stay after first refusal | Second application does not maintain status if first is refused |
| Maintained status could continue after refusal if another application pending | Maintained status ends when first application is refused |
| Leaving Canada did not always clearly end maintained status | Leaving Canada voids maintained status—must wait for new permit on return |
| Potential confusion about overlapping applications | Maintained status applies only to the first application submitted before expiry |
Why Did IRCC Make This Change?
These changes aim to:
- Streamline application processing
- Prevent misuse of the maintained status system
- Clarify procedures for applicants and enhance compliance with immigration regulations
Important Tips for Temporary Residents
Temporary residents should:
- Submit extension applications early
- Not rely on multiple extensions
- Not leave Canada while waiting for a decision
- Act quickly on refusals and apply for restoration of status if eligible
These changes have significant implications for all temporary residents in Canada. Understanding the new maintained status rules is crucial for maintaining legal status and avoiding disruptions to work, study, or stay in Canada.
Understanding the Implications for Temporary Residents
The new maintained status rules introduced by IRCC in May 2025 have far-reaching implications for temporary residents in Canada. These changes are particularly significant for individuals on study permits, work permits, and visitor visas who are seeking to extend their stay in the country.
Impact on Study Permit Holders
Students who are studying in Canada on a study permit are among those most affected by the new rules. Previously, students could submit multiple extension applications and maintain their legal status even if the first application was refused, as long as another application was pending. Under the new rules, this is no longer possible. If a student’s initial application for a study permit extension is refused, their maintained status will end, and they will be considered out of status. This means they will no longer be legally allowed to study or remain in Canada unless they apply for restoration of status, which is subject to eligibility criteria and time constraints.
Impact on Work Permit Holders
Similarly, work permit holders will face stricter guidelines under the new maintained status rules. If a work permit holder submits an extension application before their current permit expires, they will be allowed to continue working under the conditions of their existing permit while their application is being processed. However, if they leave Canada while their application is pending, they will lose their maintained status. Upon re-entry, they will not be allowed to resume work until their new permit is approved and issued. This change is particularly significant for individuals who may need to travel for work or personal reasons while their application is being processed.
Impact on Visitor Visa Holders
Visitor visa holders are also affected by the new maintained status rules, although the implications are slightly different. Visitors who apply to extend their stay in Canada before their visa expires will still be allowed to remain in the country while their application is being processed. However, if they leave Canada before a decision is made on their extension application, they will lose their maintained status. Upon re-entry, they will not be allowed to resume their visit until their new visa is approved and issued. This change is particularly important for visitors who may need to leave Canada for any reason while their application is pending.
Restoration of Status: What You Need to Know
Under the new rules, individuals whose extension applications are refused after their permit or visa expires will be considered out of status. In such cases, the only way to regain legal status is by applying for restoration of status. However, this option is only available if the individual meets specific eligibility criteria and submits their restoration application within the allowable timeframe. It is important to note that restoration of status is not guaranteed and is subject to IRCC’s discretion.
Important Considerations for Applicants
The new maintained status rules also introduce several important considerations for applicants. For example, if an individual submits multiple extension applications while on maintained status, only the first application will be considered for maintaining legal status. Subsequent applications will not extend or reset the maintained status period. Additionally, if the first application is refused, the individual will lose their maintained status, and any pending applications will be refused and returned.
Leaving Canada While on Maintained Status: What You Need to Know
One of the most significant changes under the new maintained status rules is the impact of leaving Canada while an extension application is being processed. Previously, leaving Canada did not always clearly end maintained status, leading to confusion among applicants. Under the new rules, if a temporary resident leaves Canada before a decision is made on their extension application, they will lose their maintained status. Upon re-entry, they will not be allowed to resume working, studying, or visiting until their new permit or visa is approved and issued. This change is particularly important for individuals who may need to travel for any reason while their application is pending.
Streamlining Application Processing and Preventing Misuse
The new maintained status rules are part of IRCC’s broader efforts to streamline application processing and prevent misuse of the system. By clarifying the rules and closing loopholes that allowed individuals to remain in Canada indefinitely by filing multiple applications, IRCC aims to ensure that the maintained status system is used as intended. This change is expected to improve the efficiency of the application process and reduce the likelihood of abuse.
Clarifying Procedures and Enhancing Compliance
Another key objective of the new maintained status rules is to clarify procedures for applicants and enhance compliance with immigration regulations. By providing clear guidelines on how maintained status works and the consequences of submitting multiple applications or leaving Canada while an application is pending, IRCC aims to reduce confusion and ensure that applicants understand their obligations. This change is expected to lead to better compliance with immigration rules and reduce the administrative burden on IRCC.
Important Tips for Temporary Residents: Navigating the New Rules
To navigate the new maintained status rules successfully, temporary residents should keep the following tips in mind:
- Submit Extension Applications Early: Always file your extension application before your permit or visa expires. This ensures that you can maintain your legal status while your application is being processed.
- Don’t Rely on Multiple Extensions: If your first application is refused after your permit or visa expires, you cannot use a second application to remain in status. This means you will need to apply for restoration of status if you wish to regain legal status.
- Don’t Leave Canada While Waiting: If you leave Canada while your application is being processed, you will lose your maintained status. Upon re-entry, you will not be allowed to resume working, studying, or visiting until your new permit or visa is approved and issued.
- Act Quickly on Refusals: If your first application is refused after your permit or visa expires, you should apply for restoration of status as soon as possible if you are eligible. This is the only way to regain legal status and continue your stay in Canada.
By following these tips, temporary residents can ensure that they remain in compliance with immigration regulations and avoid disruptions to their ability to work, study, or visit in Canada.
Conclusion
The changes to the maintained status rules introduced by IRCC in May 2025 represent a significant shift in how temporary residents can extend their stay in Canada. These changes are designed to streamline application processing, prevent misuse of the system, and clarify procedures for applicants. While the new rules may seem complex, understanding them is essential for maintaining legal status and avoiding disruptions to your ability to work, study, or remain in Canada. By staying informed and taking the necessary steps to comply with the new rules, temporary residents can ensure a smooth and uninterrupted experience in Canada.
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Conclusion
The updates to IRCC’s maintained status rules in 2025 introduce significant changes for temporary residents in Canada. These changes aim to streamline application processing, prevent system misuse, and clarify procedures for maintaining legal status. Temporary residents must understand these new rules to avoid disruptions to their stay, work, or studies in Canada. By submitting applications early, avoiding multiple extensions, and remaining in Canada while applications are processed, individuals can ensure compliance with the new regulations and maintain their legal status seamlessly.
FAQ
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What is maintained status under the new IRCC rules?
Maintained status allows temporary residents to stay, work, or study in Canada under their current permit conditions while their extension application is processed. It applies only to the first application submitted before the permit expires.
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What happens if I leave Canada while on maintained status?
Leaving Canada while on maintained status voids your status. You cannot resume your activities until your new permit is approved and issued upon re-entry.
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Can I submit multiple extension applications to maintain my status?
No. Maintained status is only tied to the first application. Additional applications do not extend or reset your status and may be refused if the first is denied.
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How do I restore my status if my application is refused?
If your application is refused and you are out of status, you may apply for restoration if eligible. Submit your application quickly, as restoration is subject to specific criteria and time limits.
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