If you're already in Canada and your current status (like a work permit or study permit) is about to expire, you might be wondering what happens next. Don't worry, there's a way to stay legal in Canada while you wait for a decision on your application to extend your stay.
What is Maintained Status?
Maintained status, previously known as implied status, is a temporary status that allows you to stay in Canada legally while Immigration, Refugees and Citizenship Canada (IRCC) processes your application to extend your current status. It's like a bridge that keeps you legal until IRCC makes a decision.
How to Get Maintained Status
To get maintained status, you generally need to:
- Have a valid status: You must have had a valid status (like a work permit or study permit) that recently expired.
- Apply to extend your status: You must have applied to extend your status before your current status expired.
- Wait for IRCC's decision: You must be waiting for a decision from IRCC on your extension application.
What Maintained Status Means for You
Maintained status allows you to:
- Stay in Canada legally: You can continue to live in Canada while you wait for IRCC's decision.
- Work or study (in some cases): If you had a work permit or study permit, you may be able to continue working or studying under certain conditions.
Important Things to Remember
- Date and Time of Application: Your application must be submitted before midnight UTC on the date your current status expires to maintain your status.
- Second Applications: If you submit a second application for extension while the first is still being processed, the decision on the first application will affect your status.
- Maintained status is temporary: It only lasts until IRCC makes a decision on your extension application.
- It doesn't guarantee approval: Even if you have maintained status, it doesn't mean your extension application will be approved.
- Travel restrictions may apply: Depending on your situation, you might not be able to travel outside of Canada while you have maintained status.
Key Document Renewal Timelines
- Work Permit
Validity: Varies based on specific work authorization
Renewal: Apply for a new work permit well in advance of the expiration date of your current permit.
Tips: If you change jobs or employers, you may need to apply for a new work permit.
Stay informed about evolving work permit eligibility criteria and employer obligations.
- Study Permit
Validity: Varies based on the duration of your academic program
Renewal: Submit a new study permit application before your current one expires.
Tips: Maintain full-time enrollment to uphold the validity of your study permit.
If you switch programs or institutions, you need to inform IRCC immediately.
- Visitor Visa (Temporary Resident Visa - TRV)
Validity: Varies based on the visa officer's discretion, typically up to 6 months.
Extension: You can apply to extend your stay in Canada, but it's advisable to submit the application well before your current visa expires.
Tips: Be transparent about your reasons for visiting Canada and provide sufficient evidence of ties to your home country.
Refrain from engaging in work or studies while on a visitor visa, as this can lead to immigration complications.
Common Mistakes to Avoid
Expiry Dates: Overlooking expiry dates for your PR card, work permit, study permit, or visitor visa can have serious consequences.
Incomplete Applications: Ensure you provide all necessary documentation and information to avoid processing delays.
Misinterpreting Implied Status: Be mindful of the limitations of implied status and avoid actions that could compromise your legal status.
Overstaying a Visitor Visa: Exceeding the authorized duration of your stay can negatively impact future visa applications.
By understanding maintained status and taking the necessary steps, you can ensure a smooth transition while you wait for a decision on your extension application.