IRCC has changed the rules for maintained status in the event that a temporary resident submits more than one application.
Under the new rules, if a temporary resident submits a subsequent application for extension while they are on maintained status, and their initial application is refused, the applicant’s authorized period of stay will not be extended on account of the pending subsequent application, and the subsequent application will be refused and returned to the applicant.
Before this change, the submission of a subsequent application while on maintained status would extend the foreign national’s period of authorized stay in Canada, although it would not provide them authorization to work or study.
Maintained status, formerly called implied status, offers a foreign national the legal authorization to work or study under the terms of their existing permit if their permit has expired and they have submitted an application for an extension before the expiry of the old permit so long as they remain in Canada.
IRCC updated their instructions to officers on May 28, 2025.
The following tables set out – before and after the changes – the outcomes based on the instructions to officers, depending on the outcome of the initial applications and whether the subsequent application was submitted before or after the expiry date of the original permit.
Outcome – what happens to an applicant’s status while their second application is pending?
Old Rules – Prior To May 28, 2025
| When was the second app submitted? | First application approved | First application refused/rejected |
| Prior to the expiry of original permit | The new status and authorization apply. | Authorized stay and authority to work or study in the original permit are extended until the decision on the 2nd app. |
| After the expiry of original permit | The new status and authorization apply. | Authorized stay extended, but authority to work or study not extended. |
New Rules – Effective As Of May 28, 2025
| When was the second app submitted? | First application approved | First application refused/rejected |
| Prior to the expiry of original permit. | The new status and authorization apply. | Applicants maintain status during the processing period of the 2nd application. |
| After the expiry of original permit | The new status and authorization apply. | Applicant does not have maintained status – 2nd app must be refused.Applicant is out of status.Applicants can apply for restoration of status, if eligible. |
The instructions were also updated to remove a section concerning applying for a work or study permit at the port of entry – which makes sense on account of the ban on flagpoling.
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