Maintained Status – What Does That Mean & When Does It Apply?

In our day-to-day work as Immigration Consultants, we commonly get asked the question: What is maintained status, really?

Despite our best efforts, it’s a 50/50 chance that we’ll either get an “Ahhh, I see!” moment or encounter someone staring back at us with the same bewildered look you’d have if you stumbled upon a post about immigrants eating cats and dogs—“Uhhh, what?”

To clarify, maintained status (formerly known as ‘implied status’) refers to the period during which a foreign national is transitioning their immigration status. Specifically, it applies after their Canadian immigration status document (e.g., work permit, study permit, or visitor record) has expired and before Immigration, Refugees and Citizenship Canada (IRCC) issues a new one.

How Long Does Maintained Status Last?

If the above criteria are met, the applicant will remain on maintained status until one of the following events occurs:

1. The Applicant Leaves Canada – If the applicant leaves Canada for any reason while on maintained status—meaning their immigration status has expired and no decision has been made on their application—they lose their maintained status.
2. A Decision Is Made on the Application
   • If Approved: The new status requested in the application comes into effect immediately.
   • If Refused: Maintained status ends as soon as the refusal decision is issued.

Why Is Maintained Status Important?

Maintained status ensures that foreign nationals can continue living and, in some cases, working or studying in Canada legally while waiting for IRCC to process their applications. Understanding and adhering to the criteria for maintained status can prevent unnecessary disruptions to your life in Canada.

I am an employer and my employee says they have maintained status, what documents do I need to ask for?

• Online Application – Application Confirmation Letter
  • If the application was submitted online, the application system should automatically generate and issue an application confirmation letter. When reviewing the letter, you should check for three things:
    • Previous immigration status – if they are a new employee, you will need to verify their last immigration status to see if they had work authorization before that status expired
    • Date of application submission – confirm that the application submission date on the letter is before the employee’s last status expired
    • Type of application – Generally, an individual will only have work authorization while on maintained status if they had work authorization to begin with and they have applied for a continuation of that same status (i.e. work permit to work permit)
      • To verify whether they submitted an online application for a work permit, study permit or visitor status, check the application number:
        • W### = Work Permit
        • S### = Study Permit
        • V### = Visitor Status
      • The type of application submitted and the status held previously can greatly affect whether the applicant has authorization to work while on maintained status, so if it is not a straightforward situation, we would recommend contacting a licensed immigration representative to review the circumstances for you
    • In most cases, the application confirmation letter will have general text that addresses maintained status in limited detail – regardless of what date or information is provided, as long as the criteria above is met, maintained status will continue to apply
• Paper-Based Application – Courier Tracking Receipt & Fee-Payment Receipt
  • If the application was paper-based and submitted by courier, there is no application confirmation letter to review, but you can ask for a copy of the courier tracking receipt to confirm the date IRCC received the application 
  • You can also ask for a copy of the fee receipt paid to IRCC for the application, as that could also be used to determine the application type:
    • $155/$255 – Work Permit
    • $125 – Study Permit
    • $100 – Visitor Status

How can LW Immigration help?

Understanding the nuances of maintained status can be complex for both employers and workers. At LWimmigration.com, we provide tailored guidance to help you navigate this process. Whether it’s ensuring timely submissions or addressing complications, our team is here to support your immigration needs. Contact us today to stay compliant and informed.