IRCC’s New Maintained Status Rules: What You Need to Know

If you’re in Canada on a work or study permit, IRCC’s new rules starting May 28, 2025, drastically change how maintained status works. You’ll lose status immediately if you submit a second extension application after your permit expires following a first refusal. Previously, you could maintain legal status while multiple applications processed. Now, timing’s critical—submit any second application before your original permit expires. These changes affect your work and study rights, with serious consequences for mistakes that professional guidance can help you avoid.

Understanding Maintained Status and How It Works

If you’re a temporary resident in Canada, you need to understand maintained status to protect your legal right to remain, work, or study in the country.

Maintained status, formerly called implied status, lets you legally continue your activities under expired permit terms when you’ve applied for an extension before your permit expires.

Maintained status allows you to legally continue activities under expired permit terms while awaiting extension approval.

This status applies only while you stay in Canada. Once you submit your extension application before midnight UTC on your permit’s expiry date, your authorized stay automatically extends until IRCC makes a decision.

You can keep working or studying under the same conditions without a valid permit during this period.

However, if you leave Canada, you’ll lose work or study rights until your extension is approved, even if you can re-enter.

Key Changes Effective May 28, 2025

Now that you’re familiar with how maintained status protects your ability to stay in Canada while your extension processes, you’ll need to know about significant changes that took effect on May 28, 2025.

The most critical change affects what happens if you submit a second application while on maintained status. Under the new rules, if your first application is refused and you’ve already submitted a second one after your permit expired, that second application will be automatically refused and returned.

You’ll lose maintained status immediately, meaning you’re no longer legally in Canada.

However, if you submit your second application before your original permit expires, you’ll maintain your status while it’s processed, even if the first application was refused.

Comparing Old Rules Vs New Rules for Multiple Applications

Understanding how the rules have changed will help you navigate your application strategy more effectively.

Previously, if you submitted a second extension application while on maintained status and your first was refused, you’d retain authorized stay until the second application’s decision. You couldn’t work or study if the second application was submitted after permit expiry, but you’d remain legally in Canada.

The new rules dramatically alter this scenario. If your first application is refused and you’ve submitted a second one after your permit expired, IRCC will automatically refuse and return the second application.

You’ll lose maintained status immediately and become out of status. However, if you submit the second application before your original permit expires, you’ll maintain status during its processing, regardless of the first application’s outcome.

Impact on Second Applications After First Refusal

The consequences of a first refusal have become considerably more severe under the new rules, particularly for those who’ve already submitted a second application.

If you filed your second extension after your original permit expired and your first application gets refused, you’ll face immediate problems. Your second application won’t extend your stay—it’ll be refused and returned. You’ll lose maintained status entirely and become out of status in Canada.

Your only option at this point is applying for restoration within 90 days, if you’re eligible.

However, if you submitted your second application before your original permit expired, you’ll maintain status while it’s processed. This timing difference is essential—filing early protects your legal status even after a first refusal.

Work and Study Authorization Under New Guidelines

While maintaining legal status remains essential for temporary residents, the new guidelines considerably alter how work and study authorization functions during application processing.

You’ll need to understand these critical changes to avoid disrupting your employment or education.

Under the new rules, your work and study rights depend entirely on when you submit subsequent applications:

• Submit before your permit expires: You’ll maintain your work/study authorization throughout processing
• Submit after expiry following a refusal: You lose all work/study rights immediately
• Switch permit types (work to study): You must cease your current activity on the original expiry date
• Leave Canada during maintained status: You forfeit work/study authorization until your application’s approved

These changes mean you can’t rely on multiple applications to extend your authorization indefinitely.

Plan your submissions carefully to avoid gaps in your legal ability to work or study.

Leaving Canada While on Maintained Status

Although maintained status protects your legal presence in Canada during application processing, leaving the country triggers immediate consequences you can’t reverse. The moment you exit Canadian borders, you’ll lose your right to work or study, even if you’re legally allowed to re-enter.

If you’re visa-exempt or hold a valid TRV, you can return to Canada, but you’ll face restrictions. You won’t be able to resume working or studying until IRCC approves your extension application.

Border officers may also request proof of financial support at the port of entry.

When travelling is unavoidable, you should carry documentation proving you’ve submitted an extension application. This evidence helps explain your situation to border officials, though it doesn’t restore your work or study privileges until approval arrives.

Application Timing Requirements and UTC Deadlines

Before midnight UTC on your permit’s expiry date, you must submit your extension application to maintain your legal status in Canada.

Submit your extension application before midnight UTC on your permit’s expiry date to maintain legal status in Canada.

IRCC uses Coordinated Universal Time globally, which means your local time zone doesn’t matter for determining deadlines.

Understanding UTC timing is essential because:

• Applications submitted after midnight UTC result in immediate loss of maintained status
• You’ll need to check UTC conversion from your local time zone
• Late submissions require restoration applications instead of extensions
• Time stamps on your application determine your legal status

If you’re cutting it close, submit your application several hours before the deadline to avoid technical issues.

Remember, IRCC’s system records the exact UTC time of submission, and there’s no flexibility once the deadline passes.

Missing this deadline transforms a simple extension into a complex restoration process.

Removal of Port of Entry Options and Flagpoling Ban

The deadline pressure of UTC timing has become even more significant now that IRCC has eliminated the port of entry option for permit applications.

You can no longer leave Canada and immediately return to receive same-day immigration services at the border. This practice, known as flagpoling, previously allowed you to bypass typical online processing wait times for work or study permits.

IRCC’s removal of these instructions aligns with the broader ban on flagpoling.

If you’re seeking to renew or change your permit, you must now submit your application online before your current permit expires.

This change means you can’t rely on last-minute border runs to maintain your legal status. The elimination of this option emphasizes the importance of planning ahead and submitting applications well before expiry dates.

How Canadian Currents Immigration Services Can Help

Given these complex new rules and strict deadlines, working with immigration professionals can make the difference between maintaining your legal status and facing serious consequences.

Canadian Currents Immigration Services offers thorough support through experienced lawyers, consultants, and paralegals who understand IRCC’s updated requirements.

Our team helps you navigate:

• Application timing – We’ll guarantee submissions meet UTC deadlines before your permit expires
• Multiple applications – We’ll strategize to avoid refusals that could end your maintained status
• Status changes – We’ll guide you through changing from work to study permits correctly
• Restoration options – If you’ve lost status, we’ll explore eligibility for restoration

With decades of collective experience, we’ll create a tailor-made approach for your specific situation.

Don’t risk your Canadian future by misunderstanding these critical changes.