Maintained status in Canada, previously known as implied status, is when a worker, visitor, or student applies to extend or change their temporary status in Canada before that status expires. In some such cases, the applicant can legally remain in Canada under the conditions of their previous status until a decision is made on the new application.
In such a scenario, the person has maintained status (again, previously known as implied status). This maintained status in Canada remains until the government decides on your new application to work or study in Canada.
Maintained status can let you continue working in Canada if you have already been working in Canada on a work permit. Or, it can let you continue studying in Canada if you have been in Canada on a study permit. Or, you may be able to remain as a visitor if you held visitor status at the time you applied for an extension or change of temporary status in Canada.
How do I get maintained status in Canada?
To get maintained status, you must already be in Canada as a visitor, student, or worker. Then, you must apply for an extension of your current permit or a new permit before your current status expires. In such a scenario, you are automatically granted maintained status — you do not need to apply for it separately.
But — be careful — after your current status expires, you may have important changes to what you’re allowed to do in Canada (i.e. work and/or study).
Maintained status for work permit holders
Can I keep working after my initial work permit expires?
Sometimes maintained status allows you to continue working, but sometimes it does not. The answer varies depending on your situation:
If you applied for another work permit (or to extend your current work permit)
You are allowed to continue working until a decision is reached on your application, but you must be working under the same conditions as your original work permit. You must remain in Canada to maintain your authorization to work.
Notably, if you applied for a new work permit through International Experience Canada (IEC), which includes the popular Working Holiday program, you cannot continue to work after your original permit expires and while you await a decision on your IEC application.
What if I have a work permit, but I apply for a study permit or visitor record?
If you applied for a study permit or visitor record
You cannot continue working after your original work permit expires. As an example, if you have a work permit and apply for a study permit: once your work permit expires you cannot work nor can you study until you receive a decision on your study permit application. You can, however, remain in Canada while awaiting a decision.