Is your Canadian work permit, study permit, or visitor status expiring soon? If so, understanding what happens before and after your status expires is essential.
Many temporary residents confuse maintained status with restoration of status, but these are two different immigration concepts. The date you submit your application can significantly affect what you are allowed to do while waiting for a decision.
Whether you are a worker, student, or visitor in Canada, checking your expiry date early can help you understand your options and avoid unnecessary complications.
What Is Maintained Status in Canada?
Maintained status, formerly commonly referred to as “implied status,” may allow a temporary resident to remain in Canada while Immigration, Refugees and Citizenship Canada (IRCC) processes an application to extend their stay or change the conditions of their temporary status.
Generally, to benefit from maintained status, you must:
- Be in Canada.
- Apply to extend or change your temporary status before your current status expires.
- Continue to comply with the conditions of your previous status, subject to the applicable rules.
For example, if your work permit expires on June 30 and you submit an eligible work permit extension application before that date, you may be able to remain in Canada while IRCC processes the application.
However, the rights you retain during this period depend on the type of application and the conditions of your previous permit.
Does Maintained Status Mean Your Permit Is Automatically Extended?
No. Maintained status does not mean your new permit has already been approved.
It generally means you may continue to remain in Canada under certain conditions while a decision is pending. The exact activities you can continue-such as working or studying-depend on your circumstances and the applicable immigration rules.
For example:
- A worker may be able to continue working under the conditions of their previous work permit in qualifying circumstances.
- A student may be able to continue studying under the conditions of their previous study permit in qualifying circumstances.
- A visitor may be able to remain in Canada while awaiting a decision on an eligible extension application.
Always verify the conditions that apply to your specific application.
What Is Restoration of Status?
Restoration of status is a different process. It may apply when a temporary resident has lost their temporary resident status, such as when their permit or authorised stay expires before they submit an application to extend or change their status.
In certain circumstances, an individual may be eligible to apply for restoration within the applicable restoration period.
However, restoration is not the same as an extension submitted on time.
Maintained Status vs. Restoration: Key Differences
| Feature | Maintained Status | Restoration of Status |
| When is it relevant? | Application submitted before current status expires | Status has already expired |
| Can you remain in Canada? | Generally, if the requirements are met | You may be able to remain while restoration is considered, subject to the applicable rules |
| Can you work or study? | Certain activities may continue under specific conditions | Generally, you cannot resume work or study until the required authorisation is restored and a new permit is issued, where applicable |
| Is approval automatic? | No | No |
| Does timing matter? | Yes-application must generally be submitted before expiry | Yes-restoration deadlines and eligibility requirements apply |
The rules can vary depending on the type of status, application, and individual circumstances.
What Happens If Your Status Has Already Expired?
If your temporary resident status has expired, you may no longer have the same rights you had before expiry.
Depending on your circumstances, you may need to apply for restoration of status rather than simply submitting a standard extension application.
During this period, it is important to understand that:
- You may not be authorised to continue working or studying.
- You may need to stop activities that require valid authorisation.
- Restoration is subject to eligibility requirements.
- Applying for restoration does not guarantee approval.
- Additional documents or explanations may be required.
Do not assume that submitting an application after expiry gives you the same protections as applying before expiry.
Why Applying Before Expiry Matters
The difference between submitting an application before your status expires and submitting it afterward can be significant.
Example 1: Application Submitted Before Expiry
A worker’s permit expires on September 30. They submit an eligible extension application on September 20.
If they meet the applicable requirements, they may benefit from maintained status while IRCC processes the application. Depending on the circumstances, they may be able to continue working under the conditions of their previous permit.
Example 2: Application Submitted After Expiry
A worker’s permit expires on September 30, but they do not apply until October 10.
In this situation, they may have lost their status and may need to explore restoration. Their ability to work may be affected, and they may not be able to rely on maintained status in the same way.
These examples are simplified. The actual outcome depends on the type of permit, application, and the applicant’s circumstances.
How Long Do You Have to Apply for Restoration?
Under Canada’s immigration framework, restoration applications are generally subject to a 90-day restoration period after the loss of temporary resident status, where applicable.
However, meeting the 90-day timeframe does not guarantee approval. Applicants must still meet the relevant eligibility requirements and explain their circumstances where required.
If more than 90 days have passed, the situation may become more complicated, and professional immigration guidance may be particularly important.
What Should You Do If Your Permit Is Expiring?
If your Canadian work permit, study permit, or visitor status is approaching its expiry date, consider taking the following steps:
1. Check Your Expiry Date
Review the expiry date on your permit and determine how much time remains.
2. Identify the Correct Application
Depending on your circumstances, you may need to apply for:
- An extension of your current status
- A change in conditions
- A new work or study permit
- Restoration of status, if your status has already expired
3. Prepare Your Documents Early
Gather the documents required for your application well before the deadline. This may include your passport, current permit, employment or educational documents, and other supporting evidence.
4. Submit Before Your Status Expires, Where Eligible
If you are eligible to extend or change your status, applying before expiry may help you benefit from maintained status under the applicable rules.
5. Avoid Unauthorised Work or Study
If your status has expired, do not assume you can continue working or studying. Confirm your authorisation before resuming activities that require a valid permit.
Can You Travel Outside Canada While on Maintained Status?
Travel while relying on maintained status can involve additional considerations.
Leaving Canada while an extension application is in process may affect your ability to resume work or study under the same conditions upon return. Your ability to re-enter Canada also depends on your travel documents and other requirements.
Before travelling, review the applicable IRCC guidance and consider obtaining professional advice if your situation is complex.
Frequently Asked Questions
What is the difference between maintained status and restoration?
Maintained status generally applies when an eligible application is submitted before the current status expires. Restoration applies when a temporary resident has already lost their status and seeks to regain it under the applicable rules.
Can I work after my work permit expires?
You may be able to continue working under maintained status if you submitted an eligible extension application before your permit expired and meet the relevant conditions. If your status has already expired, you generally should not continue working without proper authorisation.
Can I apply for restoration after my permit expires?
In certain circumstances, yes. Restoration is generally subject to a 90-day period and other eligibility requirements. Approval is not automatic.
Does applying for restoration automatically restore my status?
No. Submitting a restoration application does not mean your status has already been restored. You must wait for a decision and follow the applicable rules.
When should I start preparing my extension application?
It is advisable to begin well before your permit expiry date. Early preparation gives you time to review eligibility, gather documents, and address potential issues before the deadline.
Need Help With Your Canadian Status?
Immigration deadlines can have a direct impact on your ability to remain, work, or study in Canada. Understanding the difference between maintained status and restoration of status is an important part of planning your next step.
