Canada has rolled out significant adjustments to its immigration regulations, introducing new requirements that reshape how temporary residents can maintain their legal status in the country.
The update, which zeroes in on “maintained status,” will affect a wide range of foreign nationals, including international students, workers, and visitors, who want to extend their stay in Canada while waiting for a decision on their extension applications.
Previously known as “implied status,” maintained status allows individuals to legally remain in Canada under the same conditions as their expired permit, provided they applied for an extension before the expiry date.
“Maintained status allows temporary residents to remain in Canada legally after their original permit expires, provided they submitted an extension application before the expiry date.”
However, Ottawa has now introduced critical restrictions on submitting multiple applications while on maintained status.
New Policy on Multiple Applications
Under the new rules, applicants who file a second application to extend their stay before a decision is made on their first application should be particularly careful: “If the first application is refused, the second application will also be refused and returned.”
This marks a major shift from earlier practices, where a second application could sometimes preserve the applicant’s stay—though not necessarily their work or study privileges.
If you submit a second application **before your initial permit expires** (and before your first application is decided), you can remain in Canada while the new application is processed. However, **“you will not be authorized to work or study until the second application is approved.”**
Filing After Permit Expiry
If you submit a second application after your original permit has expired—meaning you’re already on maintained status—and your first application is then refused, you will immediately lose your legal status. In this case, you must apply for a “restoration of status” if eligible—a much more complex process.
The revised rules highlight the need for meticulous planning and on-time submissions to avoid status complications.
Temporary Resident Permit (TRP) Explained
Many people confuse Temporary Resident Status with a Temporary Resident Permit (TRP). Here’s the distinction:
A Temporary Resident Permit (TRP) is a special document issued by Immigration, Refugees and Citizenship Canada (IRCC) to individuals who are normally inadmissible to Canada due to reasons such as medical issues or criminality.
Key points about TRPs include:
* They are discretionary, issued case-by-case.
* They are time-limited and may include work or study restrictions.
* They do not lead directly to permanent residency.
Temporary Resident Status, on the other hand, is granted to those who enter Canada legally as visitors, students, or workers. Under section A22(1) of the Immigration and Refugee Protection Act (IRPA), this status can be extended if an application is filed before the current permit expires. Individuals under maintained status can continue working or studying while their extension application is processed.
In contrast, TRP holders do not benefit from maintained status during the renewal process. Instead, each TRP application is treated separately, and individuals must wait for a decision before continuing to work or study.
Important Reminders for TRP Holders
TRP holders are considered temporary residents but are not on a pathway to permanent residency.
* TRP holders must wait for a decision before continuing work or study.
* Work or study permits cannot be extended or renewed while awaiting a new TRP decision.
* Submitting a new TRP application does not qualify for maintained status.
Essential Tips for Staying Legal in Canada
* Always file new applications **before** your current status expires.
* Do not depend on multiple applications to maintain status.
* If your first application is refused and your second application was filed too late, you must **stop working or studying immediately**.
* If you lose status, apply for **restoration of status** as soon as possible.
Canada’s evolving immigration landscape underscores the importance of timely, accurate applications and staying informed about policy changes.
