Common Mistakes That Can Risk Your Maintained Status in Canada

Maintained status in Canada (formerly known as implied status) is a critical safeguard for temporary residents, including foreign workers, international students, and visitors. It allows individuals to legally remain in Canada and continue their existing activities while awaiting a decision on their immigration extension or change of status application, as long as they apply before their current permit expires.

However, many individuals unintentionally make mistakes that can result in the loss of maintained status in canada, forcing them to stop working or studying, apply for restoration, or even leave Canada. This guide highlights the most common errors and provides practical, legally accurate advice to help you maintain your legal immigration status in Canada.

What Is Maintained Status in Canada?

Maintained status in Canada is granted under Section 183(5) of the Immigration and Refugee Protection Regulations (IRPR). It allows a temporary resident to remain in Canada under the same conditions as their initial permit while Immigration, Refugees and Citizenship Canada (IRCC) processes their application for an extension or change of status, provided that the application was submitted before the current permit’s expiry date.

For Example:

• • • A worker can continue to work under the same job and employer.
    • A student can continue to study in the same program and institution.
    • A visitor can remain in Canada but cannot start work or studies without an approved permit.

It is essential to understand that maintained status does not allow you to begin any new activity. You may only continue what your original permit authorized until IRCC makes a decision on your new application.

Common Mistakes That Jeopardize Maintained Status

1. Submitting Your Application After the Permit Expiry Date

Even a one-day delay in submitting your application can result in the loss of your maintained status. If you submit your application after your current permit has expired:

• • • You lose your right to remain under maintained status.
    • You must apply for restoration of status within 90 days.
    • You must stop working or studying immediately.
    • You are not allowed to resume these activities unless and until IRCC approves your restoration request.

Tip: Always apply for extensions at least 30 days before your current permit expires.

2. Submitting an Incomplete or Invalid Application

Applications that are missing required documents, contain incorrect information, lack signatures, or are submitted with outdated forms may be returned as incomplete. This can cause a loss of maintained status if your original permit has expired in the meantime.

If your application is returned:

• • • It is considered not received by IRCC.
    • You are no longer protected under maintained status.
    • You may have to leave Canada or apply for restoration.

Tip: Always use the most current IRCC forms, double-check for signatures, upload all supporting documents, and ensure full payment is made.

3. Assuming Maintained Status Grants You New Rights

One of the most misunderstood aspects of maintained status is the assumption that you can begin a new job or study program while waiting for a decision. This is incorrect.

For example:

• • • If you were on a study permit and apply for a post-graduation work permit, you cannot start working until the new work permit is approved.
    • If you were a visitor and applied for a study permit, you cannot begin classes while on maintained status.

Violating these terms can lead to:

• • • A finding of non-compliance.
    • A possible refusal of your application.
    • Long-term consequences for future immigration applications.

4. Leaving Canada While on Maintained Status

If you leave Canada before IRCC makes a decision on your extension or status change application, your maintained status is automatically lost. Upon re-entry:

• • • You cannot resume work or study based on the pending application.
    • You may be treated as a new applicant by the border officer.
    • Your re-entry may be denied or restricted to visitor status.

Best Practice: Stay in Canada until a decision is made if you intend to keep your ability to work or study uninterrupted.

5. Providing Inaccurate or Incomplete Information

Failure to disclose relevant personal or background information can result in serious immigration consequences. This includes:

• • • Previous visa refusals,
    • Criminal records,
    • Past marriages or divorces,
    • Gaps in employment or education history,
    • Incorrect work or travel dates.

Even if done unintentionally, misrepresentation under IRPA section 40 can lead to a five-year ban from entering Canada.

Tip: Always provide full and honest information. If a detail is unclear, include a written explanation rather than omitting or estimating inaccurately.

6. Guessing Dates or Providing Unverified Information

Providing approximate timelines, such as “January 2021 to present” without exact dates, can reduce the credibility of your application. Inconsistent details between your forms and your supporting documents (e.g., resume vs. application) can raise red flags and trigger further scrutiny or refusal.

Tip: Use official records to verify all dates. If you’re unable to confirm something, provide a written explanation supported by any available documents.

7. Failing to Update IRCC on Changes in Circumstances

If your personal or professional situation changes while your application is in process, you must inform IRCC promptly. This includes:

• • • Marriage, separation, or divorce,
    • Birth of a child,
    • Change of address or phone number,
    • Change of employment or educational institution.

Failure to report such changes can result in:

• • • Misrepresentation allegations,
    • Delays in application processing,
    • Possible refusal or cancellation of status.

Tip: Use the IRCC web form to notify any changes and keep confirmation records.

8. Choosing the Wrong Permit Type or Application Stream

Submitting your application under the wrong category can result in automatic refusal or application return, particularly if you:

• • • Apply for an open work permit when an employer-specific one is needed.
    • Select the wrong eligibility stream.
    • Misunderstand the purpose of your permit type.

This can cause you to fall out of status and jeopardize your ability to stay in Canada.

Tip: Always review IRCC eligibility criteria or consult a licensed immigration consultant before selecting the permit type.

How to Protect Your Maintained Status in Canada

To ensure you remain in legal status while your immigration application is being processed, follow these best practices:

1. Apply Early
   Do not wait until the last day. Submit your application 30 to 60 days in advance of your permit expiry date to allow time for corrections.

2. Submit a Complete and Valid Application
   Carefully review all IRCC checklists. Ensure that your application includes valid forms, full payment, all required documents, and signatures.

3. Do Not Leave Canada During Processing
   Stay in Canada until a decision is made on your application if you want to retain the rights associated with maintained status.

4. Do Not Begin New Activities
   You cannot begin a new job, change employers, or start studying in a new program while on maintained status unless your new permit is approved.

5. Disclose All Relevant Information Honestly
   Be truthful in your application. If you are unsure about a detail, explain the situation in writing and provide supporting documentation.

6. Keep Detailed Records
   Retain copies of your application, fee receipts, communication with IRCC, and courier tracking information.

7. Consult an Immigration Professional
   A Regulated Canadian Immigration Consultant (RCIC) or immigration lawyer can help you prepare a complete, legally sound application and avoid costly errors.

Final Thoughts

Maintained status in Canada is a valuable legal protection for temporary residents in Canada, but it is not automatic and can be lost due to small errors. Staying informed, acting early, and understanding the legal boundaries of your current status are essential to avoiding immigration issues.

If your situation is complicated or you’re unsure about your eligibility, consult an immigration professional. Losing maintained status could impact your eligibility for future work permits, study permits, or even permanent residency.