If a temporary resident in Canada applies to extend after their visitor visa or status, work permit, or study permit before the expiry date of their documents is called maintained Status or formerly called Implied Status, which is a legal status you must have after the expiry of your documents or until a decision will make on your visa extension.
How to get a Maintained Status
You have to apply for the extension of your temporary visa or work permit and study visa before the expiry date of your documents and you have to complete all other documents required for your visitor visa or temporary permit where you mention that you will not leave Canada until the decision will come out for your application of extension and if you leave the country before an extension is being made.
You may be allowed to re-enter Canada while a decision is still not finalized on your request for allowing you to extend your stay or you have to submit an application for a new work visa or study visa at the Port of Entry while re-entering Canada. It means that you have to pay fees as a fresher and all have to give all necessary documents in the same way you first went through the application process for the work visa or study visa.
The main thing to note is that you have to leave Canada after your Maintained Status expires when you depart from Canada. You must have to remain in Canada to Maintain your Status. If you return to Canada before a decision for your extension application then you are not allowed to do any work until the favorable decision comes out.
If you return to Canada without getting a decision on your work permit then you must have to show documents to the border services officer to prove that you have sufficient funds to support yourself and not going to work or study until you will get an extension.
Work Permits, Study Permits, And Visitor Visas
A foreign can work in Canada without having a work visa under various circumstances. A foreign national can work in Canada without having a work permit until they will get a decision on their application under section 201(1) and if they are staying in Canada after their work permit expires then they have to complete all the norms which are set out on the expired work permit.
A foreign national worker can apply to renew their work permit if:
1. If they apply before the expiration date of their work permit.
2. If they have fulfilled all necessary norms required on their entry into Canada.
If you have completed all the requirements and you have applied for extending your stay before the expiry of your work permit then only you can continue working in Canada without a permit until you get the finalization on your application for the extension.
Highly skilled foreign workers who are exempted from the requirements of work permits do not need Maintained Status as they do not need to submit an application for a work permit. If you are planning to apply for the extension of a work permit, you must fill out a form. Always remember you have to file it before the expiry of your current permit. If an employer has a specific work permit, it means that you have to continue working for the same employer.
An open work permit means you can be working for any employer until you get the decision on your application for extension. As a holder of an open work permit, you can continue working in the permitted job only during the time of Maintained Status.
The second letter you received will be valid for 120-day from the date of receipt. This letter will be valid until the decision is made on your extension but the decisions on extensions of work and study permits and visitor visas are usually made within 120 days.
If your application is refused and you didn’t get an extension then you will have a 90-days of time as restoration period which starts on the date of rejection of your application. You can apply to restore your status during this period.
Eligibility to apply for an extension
The requirement to apply for an extension is you should complete the conditions of IRCC. You have to complete the following:
- You have applied legally and have legal temporary status with your permit or visa.
- You will leave the country of Canada at the end of the period when you are legally allowed to stay.
- A valid passport and required travel documents are much needed.
- It means that you can’t stay longer and you have to leave the country whenever your passport and travel document expires.
- You have to complete and finish all the requirements to have a temporary student, worker, or visitor visa.
An immigration official will check the various aspects to make sure that you will leave Canada after completing your time which includes:
- Your motive to get an extension is waggish or a planned visit.
- Your extended stay in Canada is reasonable or not.
- You have sufficient economic reserve to support yourself in Canada during your extension period.
- You are having financial sources to purchase your return ticket to go back to your country.
- You completed your motive of visiting Canada.
If you have applied for an extension on your visitor visa, then immigration authorities will check to ensure whether you are working or studying in Canada without a permit.
Extending Temporary Status
The steps for extension of your temporary permit/status is as follows:
1. The Centre for Case Processing in Edmonton will receive your application and make sure that you have paid all the fees and all submit all the necessary documents.
2. A Service Delivery Agent at CPC-E will check your documents and judge your eligibility and decide whether you will get an extension or not.
If your extension is approved then it will be recorded in the Visitor Record outlining the circumstances of the extension and the applicant will receive it through the mail.
If the applicant fails to show his eligibility for restoring status then the delegate of the Minister will decide on a disposition for the case. They will inquire about it properly and look forward to the case. They give departure orders to the applicant to leave Canada or allow them to remain in Canada. The requirement of medical examination is depending on where the applicant belongs and how long they will stay in Canada.
The applicant will receive a Medical Examination form by mail along with a list of panel physicians and all instructions. If it is required to have an interview for some reason then the applicant has to go to a local IRCC office that is nearest to the applicant’s residence in Canada.
- If the applicant denies being a visitor or temporary worker.
- The purpose of the extension is suspected.
- If the Immigration officials want to ask for more information about applicants.
3. An inland officer checks the file of the applicant and fixes an interview with the applicant and the officer can reject or approve the application. If the extension application is approved by the officer then a Visitor Record outlining the circumstances and given to the applicant and if the application is refused then the applicant will be ordered to obey the decision and leave Canada.
4. In some cases CPC-E will reject an application of extension based on insufficient evidence then the applicant will be notified by sending a letter through the mail to them along with the reasons of refusal. In this letter officers provide suggestions to the applicant that they have the following options. They can leave Canada or they can apply for restoration of status within a time period of 90 days of receiving notice.
