{"id":2724,"date":"2025-06-03T12:40:09","date_gmt":"2025-06-03T16:40:09","guid":{"rendered":"https:\/\/cadimmigration.com\/?p=2724"},"modified":"2025-06-03T12:40:11","modified_gmt":"2025-06-03T16:40:11","slug":"ircc-updates-maintained-status-rules-for-temporary-residents-major-change-in-extension-applications","status":"publish","type":"post","link":"https:\/\/cadimmigration.com\/?p=2724","title":{"rendered":"IRCC Updates Maintained Status Rules for Temporary Residents: Major Change in Extension Applications"},"content":{"rendered":"\n

In a significant policy shift, Immigration, Refugees and Citizenship Canada (IRCC)<\/em> has revised the rules governing maintained status<\/strong> (formerly known as implied status<\/em>) for temporary residents who submit multiple extension applications.<\/p>\n\n\n\n

The update, issued on May 28, 2025<\/strong>, 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.<\/p>\n\n\n\n

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What is Maintained Status?<\/mark><\/h3>\n\n\n\n

Maintained status allows a temporary resident\u2014such as a worker, student, or visitor\u2014to legally remain in Canada under the conditions of their original permit after it expires<\/strong>, as long as they submit an extension application before the permit’s expiry date<\/strong>. While their application is being processed, they can continue to work or study as per the terms of their original permit.<\/p>\n\n\n\n

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What\u2019s Changed?<\/mark><\/h3>\n\n\n\n

Under the new IRCC rules<\/strong>, if a person submits a second extension application<\/strong> while already on maintained status, and their first application is refused<\/strong>, their status is no longer protected<\/strong> by the second application.<\/p>\n\n\n\n

The second application will now be automatically refused and returned<\/strong>, and the applicant will be considered out of status<\/strong>. This represents a major departure from previous guidelines.<\/p>\n\n\n\n

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Summary of Old vs New Rules<\/mark><\/h3>\n\n\n\n

Before May 28, 2025:<\/strong><\/h4>\n\n\n\n
When was the 2nd app submitted?<\/strong><\/th>If 1st Application Approved<\/strong><\/th>If 1st Application Refused<\/strong><\/th><\/tr><\/thead>
Before expiry of original permit<\/td>New permit becomes valid<\/td>Status extended while 2nd application processed (but no work\/study rights)<\/td><\/tr>
After expiry of original permit<\/td>New permit becomes valid<\/td>Status extended (no work\/study rights) while 2nd application processed<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

After May 28, 2025:<\/strong><\/h4>\n\n\n\n
When was the 2nd app submitted?<\/strong><\/th>If 1st Application Approved<\/strong><\/th>If 1st Application Refused<\/strong><\/th><\/tr><\/thead>
Before expiry of original permit<\/td>New permit becomes valid<\/td>Status maintained only during processing; if 1st is refused, 2nd will be refused and returned<\/td><\/tr>
After expiry of original permit<\/td>New permit becomes valid<\/td>No maintained status;<\/strong> 2nd application is refused and returned<\/strong>. Applicant is out of status<\/strong> and must apply for restoration<\/strong>, if eligible<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
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Flagpoling Reference Removed<\/mark><\/h3>\n\n\n\n

Alongside this update, IRCC also removed guidance on applying for permits at the port of entry<\/strong>. This aligns with recent restrictions placed on flagpoling<\/strong>\u2014the practice where temporary residents exit and re-enter Canada at a land border to quickly renew their status.<\/p>\n\n\n\n

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What Should Temporary Residents Do?<\/mark><\/h3>\n\n\n\n

Given these changes, it’s more important than ever for temporary residents to:<\/p>\n\n\n\n