IRCC Maintained Status Update: What It Means for Temporary Residents

That legal protection is called maintained status, and as of May 28, 2025, IRCC has changed the rules – and the changes are pretty major. 

This update doesn’t just affect future applicants; it could have serious consequences for people who are already on maintained status and think they’ve covered their bases. 

This article will help you see what’s new, what’s different, and what you need to do to stay in Canada safely and legally while your application is being processed. 

Why Were These Updates Needed? 

While IRCC hasn’t officially explained the reason behind the update, it’s likely a response to growing concerns about how maintained status has been used, or in some cases, misused. 

There is increasing concern within the immigration community about individuals submitting low-effort, incomplete applications or applications they don’t qualify for, just to trigger maintained status. These are referred to as “dummy applications”. You can read more about dummy applications here.  

The recent updates to IRCC’s guidance bring more clarity and structure to how maintained status works, and go some way to deter applicants from submitting dummy applications. 

Maintained Status Only Applies If You Apply Before Your Status Expires 

The biggest shift that comes from these updates is the treatment of subsequent applications.  

Under previous guidance, submitting a second application during a period of maintained status was permitted and could extend the coverage of maintained status, in the event their first application was refused. 

With these new updates, this has all changed. Moving forward, if your temporary resident status expires and you apply for a subsequent application after that date, even if you are on maintained status, that subsequent application will be returned unprocessed, if your initial application is refused or returned. This will leave you out of status in Canada, with limited options, such as applying for restoration of status, if you’re eligible. 

What Does This Mean in Practice?  

If you submit a “placeholder” or “dummy” (to borrow a popular phrase right now) application before your status expires, just to trigger maintained status, and then follow it up with a legitimate application after your status has expired, if that first (dummy) application is returned or refused, your maintained status ends immediately (or retroactively ended on the date your status expired in the case of a returned application) and your legitimate application will be returned, unprocessed (because at that point, you will be out of status). 

This rule change doesn’t just affect people who submit “placeholder” or “dummy” applications. Applicants with genuine intentions, those who are legitimately eligible and try to extend their stay to continue working, studying, or visiting may also be impacted. 

Case Study: Misusing Maintained Status for CEC Eligibility 

Disclaimer: This example is for informational purposes only and should not be considered legal advice. IRCC has not explicitly stated how it will respond in all cases where applicants misuse maintained status to qualify for the Canadian Experience Class (CEC). 

The Scenario:

A foreign worker in Canada is nearing the expiry of their work permit but still falls three months short of the required 12 months of full-time Canadian work experience needed to qualify under the Canadian Experience Class (CEC) for Express Entry. 

To buy time, they submit a “dummy” work permit extension, an application filed just before their status expires, with no genuine intention or eligibility, solely to trigger maintained status. 

While on maintained status, they accumulate the final three months of work experience, enter the Express Entry pool, and receive an Invitation to Apply (ITA) for permanent residence. 

After submitting their permanent residence application, they also apply for a Bridging Open Work Permit (BOWP). 

Shortly afterward, they withdraw the original (dummy) work permit extension. 

Under the updated IRCC guidance, here is what will happen: 

• The applicant’s maintained status ends immediately on the date IRCC registers the withdrawal of the original application. 
• Since the BOWP was submitted after the expiry of their original status (even though they were on maintained status at the time), they are not eligible for maintained status based on the BOWP. 
• The applicant is now out of status and must stop working immediately. 
• As the first application was withdrawn (also true for a refusal/returned application), under new guidance, the BOWP may be returned unprocessed, presumably because at that point, the applicant will be in Canada and out of status.
• The applicant’s only option then is to apply for restoration of status, if eligible. 

Wider implications- Misusing maintained status for short-term gains can have long-term consequences. 

IRCC keeps a record of all applications, even withdrawn ones. If it becomes clear that the initial work permit application was not genuine and was used to “game the system,” this may raise credibility concerns in future application, or worse, potential finding of misrepresentation,  resulting in the applicants being inadmissibility period of five years, during which the applicant cannot apply for any temporary or permanent immigration program.

Work and Study Rights Are Now Clearly Stated 

Although this was always the case, the updates also now clearly specify that having maintained status does not automatically mean you can work or study. It depends on what kind of application you submitted: 

A work permit holder may continue to work under the same conditions so long as they applied to extend their stay as a worker. If they applied to extend their stay as a visitor or a student, they must cease working when their current work permit expires. 

Likewise, a study permit holder may continue to study under the same conditions so long as they applied to extend their stay as a student. If they applied to extend their stay as a visitor or a worker, they may not pursue their studies when their current study permit expires. 

Other Important Takeaways from the Update 

The updated guidance also serves as an important reminder that the outcome of your application directly affects your period of maintained status. 

Application Approved

If your extension is approved, your new period of authorized stay begins on the date the decision is made, as shown on your new status document. Your stay in Canada is now valid until the expiry date on that document. 

If you left Canada while waiting for a decision and were allowed back in by a border officer, the period of stay you were given on re-entry still applies. In that case, you can stay in Canada until the later of: 

• The date set by the border officer when you re-entered, or 

• The expiry date of your newly approved extension. 

Application Refused

If your extension is refused, your maintained status ends on the day the refusal decision is made. From that date, you have 90 days to apply for restoration of status if you are eligible to do so. 

If you left Canada and returned while your application was being processed, the stay granted by the border officer on re-entry still applies. You can remain in Canada until the end of that stay, even if your extension was refused before then. 

Application Rejected/ Returned

If your application is rejected as incomplete, it’s treated as though it was never submitted. 

In that case, you remain in status only until the original expiry date of your previous permit. You do not benefit from maintained status, and you must take immediate action to restore your status if you are eligible to do so. We go into the consequences of a returned application here.  

Application Withdrawn

If you choose to withdraw your application, your maintained status ends on the date the withdrawal is officially registered by IRCC. At that point, you no longer have a pending application, and your legal status in Canada ends on that date, unless another valid status is in place. 

When considering the withdrawal of an application it is important to remember that withdrawing an application does not erase it from your immigration record; it only withdraws it from processing. This means that all forms, documents and information you submitted as part of this application will remain on your file, and IRCC may refer to or consider that application in any future application you make.  

What Should You Do If You Think You Will Be Impacted by This Update? 

If you’re unsure about your current status or how these changes could impact your immigration plans, it’s a good idea to speak with a reputable immigration representative. They can help you understand your options and guide you through the next steps.