Implied Status Canada (Maintained Status) – A Complete Guide
According to Canadian immigration regulations, all temporary residents (visitors, workers, and students) must leave Canada once their authorized period of stay expires. On the other hand, temporary residents may apply to extend their period of authorized stay before it expires. If they have done so, the law automatically extends their period of authorized stay as temporary residents until a decision on their application is made. During the processing period, such a person is considered to have legal status in Canada as a temporary resident. They are considered implied status Canada or Maintained Status Canada.
What is a Legal Status in Canada?
Under the Immigration and Refugee Protection Act (IRPA), having legal status means Foreign nationals are authorized to enter and remain in Canada as temporary residents. They must always have a valid status in the country. This may require you to meet certain conditions or to apply to extend your status document.Â
What is a Temporary Residents Status in Canada?
Temporary residence status is an immigration status that allows a foreign national to stay in Canada for a limited period. Visitors, students, and workers are the three main types of temporary residents. Foreign nationals must usually apply for the TRV to the Canadian visa office serving their country of residence to obtain temporary status in one of these categories.Â
Visitor Status
Foreign nationals visiting Canada for a limited period must apply for a Temporary Residence Visa (TRV). It allows them to stay in Canada for up to six months, but they cannot work, and their study options are limited to programmes lasting six months or less. (Known as Visitor Status)
Student Status
Most foreign nationals require a study permit to study in Canada for six months or more to obtain Student Status. This status allows them to study at designated learning institutions (DLIs) in Canada. The validity of the Study Permit is generally equal to the duration of the program of studies plus three months, and they should apply to extend their study permit before that date.
Worker Status
A work permit enables a Temporary Foreign Worker (TFW) who is not a Canadian citizen or a permanent resident to live and work in Canada for a specified time and is typically valid for 1-2 years. Workers can sometimes extend or change their Canadian temporary work permits. (Known as Worker Status)
What is Implied Status Canada?
If a Temporary Residents Status holder applies to extend their status before it expires, they can legally remain in Canada until their application is decided. In this case, the person has implied status Canada or Maintained Status while waiting for IRCC decision.Â
When could implied status happen in Canada?
It could happen when Temporary Residents Status holders are:Â
Extending the same status
If Temporary Residents Status holders are extending their immigration status and have applied before their current status expires (for example, they have study permits and apply to extend their study permit before expiry) orÂ
Changing their status
 If Temporary Residents Status holders have legal status in Canada and want to apply for a different type of status (for example, they have study permits and apply for work permits) .
What if you don't apply to extend your status?
Suppose you do not apply to extend your stay in Canada before your current status expires. In that case, you must immediately stop studying and working and apply to restore your status if eligible.Â
What Is the difference between Maintained Status and Out of Status in Canada?
The Out of status in Canada term applies to foreign nationals who have not applied to extend their stay before the expiration date of their immigration documents or if their extension applications have been refused. (Fail to maintain their TRVs status). On the other hand, implied status Canada or  Maintained Status Canada refers to foreign nationals who have applied to extend their stay before their immigration documents expire.Â
Could I work or study on implied status pgwp?
If you stay in Canada, you may continue studying and working by the terms of your original document until you receive a decision from Immigration, Refugees, and Citizenship Canada (IRCC). Workers can keep working, students can keep studying, and visitors can keep coming.Â
Temporary workers, for example, who apply to extend their work permit before it expires can remain in Canada and continue working while waiting for a decision. If the temporary workers have applied for a different type of permit, such as a study permit, they must stop working when their current permit expires.Â
Do I have a Legal Status on Implied Status?
Another term for “Legal status in Canada” is implied status/maintained status. On the other hand, a person with implied status Canada or  Maintained Status Canada has no specific document confirming that they are allowed to stay in Canada, even though they are still legally inside the country. Their only proof of legal status (proof of implied status) is their previous status document and evidence that they applied to extend their temporary stay in Canada, such as an online submission confirmation letter.Â
A work permit, study permit, visitor record, or temporary resident permit (TRP) is an example of a status document.Â
What if leaving Canada on implied status?
Suppose temporary resident status holders in Canada with implied status Canada or Maintained Status Canada leave the country. In that case, they may be allowed to re-enter as a temporary resident in Canada if they leave with implied status and have a valid Temporary Resident Visa (TRV) or Electronic Travel Authorization (eTA). It is important to note that implied status only applies while the applicant is in Canada.
They can only return to Canada to study or work once they have received their new study/work permit, meaning they will be unable to resume work or studies (as applicable) until IRCC decides on the applications for an extension of status.Â
Furthermore, while waiting for the decision, they may be required to provide evidence of sufficient financial support to the border officer at the Port of Entry (POE). It is strongly advised that anyone with Maintained Status Canada who leaves Canada bring proof of application for a permit extension (proof of implied status).Â
What effect does the IRCC decision have on the period of authorized stay?
“Decision made” indicates that IRCC approved, refused or rejected your application. In all scenarios, IRCC will inform you by a letter detailing the reasons (If applicable). Here are the effects of the IRCC decision made on your period of authorized stay in Canada:Â
Application approved
If the extension application is approved, the document’s date of issue represents the date a decision was made. The authorized stay period is now equal to the validity of the new temporary status permit. Suppose the applicant left Canada, and the border officer imposed a period of authorized stay upon re-entry. The extension application is approved before the end of this period. In that case, the applicant has until the end of the period specified by the border services officer or the period of stay authorized with the extension approval, whichever is longer.Â
Application refused
If the extension request is refused, the applicant is considered in status until the decision on their application is made. If the applicant leaves Canada, the border officer imposes a period of stay upon re-entry, and the extension application is refused before the end of this period, the applicant has until the end of the period specified by the border officer to remain in Canada. The restoration period of 90 days begins on the date of refusal.Â
Application rejected
If the application for extension is rejected (incomplete), it is as if it was never submitted, and the applicant remains in status until their current temporary resident status expires. An applicant must understand when their temporary status is set to expire, how their extension application may affect their temporary residence status in Canada and the rules for remaining in Canada during the extension process.Â
Application withdrawn
If the extension application is withdrawn, there is no longer a pending application for extension on the date the withdrawal is registered. As a result, the period of authorized stay expires on that date. If the applicant left Canada, the border services officer imposed a period of stay upon re-entry, and the extension application is withdrawn before the end of this period, the individual has until the end of the period specified by the border officer to remain in Canada.Â
What if the second application during maintained status is submitted?
If a second application for extension is submitted before the first application is decided, the decision on the first application affects the applicant’s status.Â
- If the first application is approved, the new status and any authorization will take effect. The outcome of the second application could change this.Â
- If the first application is rejected due to insufficient information, it is returned to the applicant. The first application is deemed lost, no extension of authorized stay is granted, and the applicant remains in status until the original temporary resident status expires.Â
If the second application is submitted during the period of authorized stay extended by operation of law, the status of the first application is maintained until a decision on the second application is made. However, their ability to work or study may be adversely affected.Â
- If the first application is denied, but the original permit is still valid when the second application is received, the period of authorized stay and the authority to study or work in the original permit is extended until a decision on the second application is made.Â
- If the first application is refused and the original permit has expired by the time the second application is received, the period of authorized stay is extended, but there is no longer any authority to study or work.Â
Maintained Status : FAQs
Most visitors can stay in Canada for up to six months. The border officer at the port of entry may allow you to stay for less than or more than six months. If that’s the case, they’ll stamp your passport with the departure date.Â
To renew your TRV, you must complete the Visitor Visa application form. Even if you apply for your TRV from within Canada, the condition may be referred to as the Application for Visitor Visa from Outside Canada on the online document checklist. If you apply before your authorised stay expires, you will have a Maintained Status In Canada.
If you have a single-entry temporary resident visa, you will most likely need to obtain a new single-entry visa to return to Canada. Â
If you want to stay in Canada as a visitor for an extended period, you must apply for a visitor record. Â
You should apply for the TRV three months before you travel, as the process takes an average of 90 days to complete. This will also provide you with enough time to retrieve your passport.Â
If you intend to travel outside of Canada and your original TRV will expire before you return, you must apply for a new TRV or eTA.Â
A second application will not change the IRCC decision. It will only increase your costs and the processing times for other applicants. If your situation changes, you may reapply with updated information.Â
The application fee is $100.00, CAD.
There is no time limit on how long you can work as a temporary worker in Canada. The length of time you can work is determined by your employer’s job offer, the period specified on your Labour Market Impact Assessment (LMIA) if your employer requires one to hire you.Â
If you want to stay in Canada as a visitor for an extended period, you must apply for a visitor record.Â
The temporary residence fee for a Visitor visa application (including super visa), Single or multiple entry temporary resident visa is 100 $CAN.Â
If your work permit is about to expire or needs to be changed, you must apply to extend it or change the conditions. You should apply for a work permit extension at least 30 days before your current permit expires. If you do so, you have a Maintained Status In Canada.
TRV visas are refused for a variety of reasons. They are refused for the same reasons that an eTA is denied, plus additional reasons that usually only apply to the screening process for TRV applications.Â
Applicants should not apply for a TRV until they have received their work permit, as the TRV is only valid for the duration of the applicant’s current status document or travel document, whichever expires first.Â
A Temporary Resident Visa (TRV), also known as a visitor visa, is an official document issued by a Canadian visa office that is stamped in your passport to show that you have met the requirements for temporary residency in Canada (either as a visitor, a student, or a worker).Â
- You must have a valid travel document, such as a passport.Â
- To be in good health.Â
- Have no criminal or immigration-related convictions.Â
- Convince an immigration officer that you have ties to your home country, such as a job, a home, financial assets, or family.Â
Foreign nationals may work without a work permit in Canada if their activity is described in paragraphs 186(a) to 186(x) of the Immigration and Refugee Protection Regulations (IRPR) or under the Global Skills Strategy public policy for short-term work and 120-day work for researchers.Â
If your passport lacks a stamp, a handwritten date, or a document, your temporary resident status will expire six months after you arrive in Canada. The expiration date is printed on your visitor record, study permit, or work permit.Â
Due to an increase in applications, Canada TRV visa rejections are surplus. Â
As you didn’t apply before your authorized stay expires, you are not in Maintained Status In Canada. So, first you can apply to restore your work permit within the first 90 days after it expires. You can stay in Canada until further decisions are made, but you must stop working until you receive your restored work permit. Your application is not guaranteed to be approved.Â
Most visitors can stay in Canada for up to six months. The border services officer at the port of entry may allow you to stay for less than or more than 6 months. If that’s the case, they’ll stamp your passport with the departure date.Â
There is no statutory limit to how many times a person can extend their visitor status. Instead, the officer will consider the applicant’s history, the purpose of the visit, and whether there is a legitimate reason to continue visiting.Â
Most visitors can stay in Canada for up to six months. The border officer at the point of entry may allow you to stay for less than or more than 6 months. If that’s the case, they’ll stamp your passport with the departure date. They may also provide you with a document known as a visitor record showing the date you must leave.Â
If you do not receive a passport stamp, you can stay in Canada for 6 months from the date you entered or until your passport expires, whichever comes first. You can obtain a stamp from a border officer if you require a stamp.Â
You must apply for an extension of your stay online using the IRCC portal before the expiration date on your permit. If you do so, you will have a Maintained Status In Canada.Â
All temporary residents are subject to general and specific conditions on their permits. When they enter Canada as TRV holders, conditions related to their permits are automatically imposed on them until the end of their authorized stay, at which point they must leave Canada.Â
 Foreign nationals (FNs) who entered Canada as visitors, students, or workers will lose their temporary resident (TR) status when their stay in Canada expires.Â
How Can We Assist You?
Although the choices above could give applicants out of status in Canada a unique opportunity, they also impose some restrictions that must be carefully considered. These include giving up the ability to appeal if the application is refused, waiting longer for a response than with an overseas application, and staying in Canada while the application is being processed. For these reasons, it’s crucial to carefully consider the appropriate legal course of action by consulting with an expert RCIC.
Arnika Visa Solutions Inc. is one of the most reliable Canadian Immigration Consulting companies in Canada. You can benefit from the expertise and experience of Arnika Visa’s RCICs in Canadian immigration. Arnika specialists can improve the quality of your immigration application to increase your chances of approval. Arnick’s expert team, under the management of Mr. Reza Eslami, an active member of The College of Immigration and Citizenship Consultants (CICC), RCIC, R710241, will handle all the stages of your immigration application in detail, including choosing the best immigration pathway, preparing additional supporting documents and filling out the immigration forms, obtaining Canada PR, Canadian passport, etc.
Hi, I applied to renew my open work visa, but it got refused, and it’s past the 90 days. Now, I am out of status. I applied for PR but don’t know how long it would take. What can I do to stay in Canada and maintain my status? Thanks
Given the complexity of your legal immigration questions, we recommend scheduling an appointment with our Regulated Canadian Immigration Consultant (RCIC) for accurate and personalized advice. His expertise will provide you with the necessary guidance for your specific situation. You can choose your preferred time for the appointment on the link below:
https://arnikavisa.com/book-a-consult/
Hi, I applied to renew my open work visa, but it got refused, and it’s past the 90 days. Now, I am out of status. I applied for PR but didn’t know how long it would take. What can I do to stay in Canada, and maintain my status and extend my stay? Thanks
Given the complexity of your legal immigration questions, we recommend scheduling an appointment with our Regulated Canadian Immigration Consultant (RCIC) for accurate and personalized advice. His expertise will provide you with the necessary guidance for your specific situation. You can choose your preferred time for the appointment on the link below:
https://arnikavisa.com/book-a-consult/
After one year of experience with 612 points, I applied as a skilled worker in Manitoba, but my PGWP expired soon and is now on maintained status. Express entry CRS is 412 with a valid health care occupation-specific NOC code. I want help to get job offers from provinces like Alberta, etc. Please provide your guidelines for applying in Alberta or as you suggested.
Research Alberta’s Provincial Nominee Program (AINP) for eligibility. Network and search for jobs on Alberta-specific platforms. Reach out directly to employers, tailoring your application to match job requirements. Consult immigration professionals for guidance on AINP or other immigration pathways. Consider alternative programs like the Alberta Start-Up Visa Program For Foreign Entrepreneurs (Called Foreign Graduate Entrepreneur Stream) for additional opportunities.
Hi, I overstayed my working holiday visa in 2019 by 62 days, I was also working after it expired. 4 years later I’m married to a Canadian woman (I married her in canada, I’ve been approval tourist visas) I’m needing to know if it’s possible to apply for spouse visa with the overstay issue? Thanks
The overstay on your previous visa could pose challenges, but it’s not necessarily a barrier to applying for a spouse visa. However, it’s crucial to be transparent about your immigration history. Consult an immigration lawyer or RCIC for personalized advice on addressing the overstay issue in your spouse’s visa application.
I came to Canada as an international student and currently have no status. I was in two relationships, and my partner was sponsoring me, but the submission got returned and is now out of status due to missing information. I just wanted to explore my options for staying legally in Canada. Thanks
Navigating status complexities can be daunting. Let’s explore your options for restoring status or transitioning to visitor status. With strategic guidance, we can outline a path forward. Reach out to discuss your situation in detail. Looking forward to assisting you.