Maintained Status in Canada — What It Is and Can You Still Work?

If your work permit, study permit, or visitor status has expired but you applied for an extension before the expiry date, you are likely on maintained status (previously called "implied status"). This is one of the most misunderstood concepts in Canadian immigration — and getting it wrong can have serious consequences.

What is Maintained Status?

Maintained status is a legal protection that allows temporary residents in Canada to continue their authorized activities while IRCC processes their extension application.

The key rule: You must have submitted a complete application to extend your status before your current permit expired.

If you applied one day after your permit expired, you are out of status — not on maintained status — and the rules are entirely different.

Who Qualifies for Maintained Status?

You may be on maintained status if:

• You are a worker who applied to extend or change your work permit before it expired
• You are a student who applied to extend your study permit before it expired
• You are a visitor who applied to extend your visitor status before it expired
• You remained inside Canada throughout the process

Critical: Leaving Canada while on maintained status ends your maintained status immediately. If you leave, you cannot re-enter on maintained status — you would need a new visa.

Can You Work on Maintained Status?

It depends on what you applied for. Yes, you can continue working if:

• You had a valid work permit and applied to extend the same type of work permit
• Your original work permit authorized you to work for a specific employer — you must continue working for that same employer under the same conditions

No, you cannot work if:

• You applied to change your permit type (e.g., from worker to visitor or student)
• Your original permit did not authorize work
• You are a visitor applying for a first-time work permit

Special case — PGWP applicants: If you applied for a Post-Graduation Work Permit and you were eligible to work off-campus at the time of application, you can work full-time while waiting — even while on maintained status.

Can You Study on Maintained Status?

Similar rules apply:

• If you had a study permit and applied to extend it, you can continue studying
• If you're transitioning from worker to student, you cannot study until your new permit is approved

What Happens If My Application is Refused?

If IRCC refuses your application while you're on maintained status:

1. You immediately lose maintained status — you are no longer authorized to be in Canada 2. You have 90 days to apply for restoration of status 3. During those 90 days, you cannot work or study 4. If you don't apply for restoration within 90 days, you must leave Canada

Restoration of status is a separate application and is not guaranteed — IRCC can refuse it. This is why it's critical to get legal advice if your application is refused.

How Long Does Maintained Status Last?

Maintained status lasts until IRCC makes a final decision on your application — whether that's an approval or a refusal. There is no fixed time limit. Given that processing times can stretch months, maintained status can last a long time.

You can check the current processing times for your permit type at IRCCTracker.ca.

Common Mistakes to Avoid

Mistake 1: Applying after your permit expires This is the most common and most serious mistake. Even applying one day late means you are out of status, not on maintained status. Apply early.

Mistake 2: Assuming you can work in any conditions Maintained status preserves your original conditions. If your work permit was for a specific employer, you cannot switch employers while on maintained status.

Mistake 3: Leaving Canada Crossing the border — even briefly — ends maintained status. Do not travel internationally while waiting for a decision unless you have a valid visa to re-enter.

Mistake 4: Not tracking your application IRCC will send correspondence to your account. Check regularly and respond promptly to any requests for additional information.

What Should I Do Right Now?

1. Confirm you applied before expiry — check your application submission date against your permit expiry date 2. Keep documentation — save your application confirmation number and submission timestamp 3. Don't change employers if you're a worker (unless your permit allows it) 4. Don't leave Canada 5. Monitor your IRCC account for any requests or decisions

If you're unsure whether you're on maintained status or what your rights are, speaking with an immigration lawyer is the safest step. A 15-minute call can clarify your situation and prevent a costly mistake.

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