IRCC Updates Maintained Status Rules for Temporary Residents: Major Change in Extension Applications
In a significant policy shift, Immigration, Refugees and Citizenship Canada (IRCC) has revised the rules governing maintained status (formerly known as implied status) for temporary residents who submit multiple extension applications.
The update, issued on May 28, 2025, affects how temporary foreign workers, students, and visitors can legally remain in Canada when their initial extension application is refused but a second one is still in process.
What is Maintained Status?
Maintained status allows a temporary resident—such as a worker, student, or visitor—to legally remain in Canada under the conditions of their original permit after it expires, as long as they submit an extension application before the permit’s expiry date. While their application is being processed, they can continue to work or study as per the terms of their original permit.
What’s Changed?
Under the new IRCC rules, if a person submits a second extension application while already on maintained status, and their first application is refused, their status is no longer protected by the second application.
The second application will now be automatically refused and returned, and the applicant will be considered out of status. This represents a major departure from previous guidelines.
Summary of Old vs New Rules
Before May 28, 2025:
| When was the 2nd app submitted? | If 1st Application Approved | If 1st Application Refused |
|---|---|---|
| Before expiry of original permit | New permit becomes valid | Status extended while 2nd application processed (but no work/study rights) |
| After expiry of original permit | New permit becomes valid | Status extended (no work/study rights) while 2nd application processed |
After May 28, 2025:
| When was the 2nd app submitted? | If 1st Application Approved | If 1st Application Refused |
|---|---|---|
| Before expiry of original permit | New permit becomes valid | Status maintained only during processing; if 1st is refused, 2nd will be refused and returned |
| After expiry of original permit | New permit becomes valid | No maintained status; 2nd application is refused and returned. Applicant is out of status and must apply for restoration, if eligible |
Flagpoling Reference Removed
Alongside this update, IRCC also removed guidance on applying for permits at the port of entry. This aligns with recent restrictions placed on flagpoling—the practice where temporary residents exit and re-enter Canada at a land border to quickly renew their status.
What Should Temporary Residents Do?
Given these changes, it’s more important than ever for temporary residents to:
- Submit accurate and complete applications on time
- Avoid relying on multiple overlapping applications
- Consult a licensed immigration professional before reapplying
- Apply for restoration of status promptly if they fall out of status
Key Takeaway
This policy change emphasizes IRCC’s intent to streamline application processes and limit reliance on overlapping submissions. Temporary residents in Canada must now exercise more caution when submitting multiple extension applications, especially after receiving a refusal.
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