Canada Tightens Maintained Status Rules for Temporary Residents
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IRCC has revised its approach to Maintained Status for temporary residents who submit multiple applications. This update changes how IRCC handles cases when an initial extension application is refused while a second is still pending.
Effective May 28, 2025, Immigration, Refugees, and Citizenship Canada (IRCC) clarified that submitting a second application does not protect a resident’s stay if the first one is rejected. In such cases, the second application will now be refused and returned, regardless of when it was filed.
Previously, submitting a new application while on maintained status, formerly known as implied status, allowed temporary residents to remain legally in Canada, even if their work or study rights weren’t extended. The new instructions aim to eliminate confusion and ensure applications are submitted with clearer timelines and greater accuracy.
Old Rules for Canada Maintained Status: Prior to May 28, 2025
Before recent changes, IRCC had more lenient provisions for multiple applications under maintained status.
- Second Application Submitted Before Original Permit Expired
- If First Application Approved: The applicant received the new status and authorization from the second application.
- If First Application Refused: The applicant’s stay and work/study rights under the original permit continued until a decision was made on the second application.
- Second Application Submitted After Original Permit Expired
- If First Application Approved: The second application’s new status and authorization were granted.
- If First Application Refused: The applicant was allowed to stay in Canada legally, but the ability to work or study was not extended.
Also Read: Canada Eases Job Transition for Foreign Workers in New Policy
New Maintained Status Rules Effective 28 May 2025
Here is how the new rules for maintained status work for temporary residents if a second application is submitted.
- Second Application Submitted Before Original Permit Expired
- If First Application Approved: The new status and authorization from the decision apply.
- If First Application Refused: The applicant continues to have maintained status while the second application is being processed.
- Second Application Submitted After Original Permit Expired
- If First Application Approved: The new status and authorization will apply.
- If First Application Refused: The applicant does not have maintained status, and the second application will be automatically refused. In this case, the applicant becomes out of status and must apply for restoration of status if they meet the eligibility requirements.
Explore: Canada Approves 834,310 New Temporary Resident Visas in 2025
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The recent changes to IRCC’s maintained status rules highlight the importance of timely and strategic application submissions. Temporary residents must now be more cautious when filing multiple applications. GetGIS can guide you through these changes and provide a seamless Canada immigration process.
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