Implied Status vs Restoration of Status
Implied status, now called maintained status, applies when you apply to extend your permit before it expires. You can stay and keep working or studying on the same conditions until IRCC decides (IRPR s.183(5)). Restoration applies after status is lost. You have 90 days to apply (IRPR s.182), and work or study must stop meanwhile.
$246.25
The restoration fee
$155
The work permit fee, added when restoring as a worker
$150
The study permit fee, added when restoring as a student
$85
Biometrics per person if it applies ($170 family maximum)
Fees change. The Fee Calculator shows the current amounts.
What is implied (maintained) status?
Under IRPR s.183(5), a temporary resident who applied to extend their permit (study or work) before the expiry date is generally allowed to continue living in Canada on the same conditions as their original permit, even after it has expired, until IRCC makes a decision on the extension application. This is now officially called maintained status (the older term was implied status).
For an employer-specific (closed) work permit, the same conditions means the same employer, job and work location. For an open work permit, you can generally still change employers or jobs unless your permit lists specific restrictions.
Maintained status generally ends when IRCC approves the new permit, or if your application is refused. Leaving Canada also generally stops your authorization to keep working or studying on maintained status until a new decision is made.
The key conditions for implied status:
- You must have applied for your extension before your current permit expired.
- To keep working, you must have applied to renew your work permit (IRPR s.186(u), s.201). To keep studying, your study permit (s.189). A worker who applied only for a study permit or a visitor record may work only until the work permit expires.
- Implied status continues until IRCC makes a final decision on your application.
- You must continue to comply with all conditions of your original permit while on implied status.
The rule
A temporary resident who applied to extend their permit (study or work) before the expiry date is generally allowed to continue living in Canada on the same conditions as their original permit.
What can you do on implied status?
| Activity | On implied status? |
|---|---|
| Remain in Canada | Yes |
| Work (if your work permit allowed it) | Yes, same conditions as original permit |
| Study (if your study permit allowed it) | Yes, same conditions as original permit |
| Travel outside Canada | Leaving generally stops your work or study authorization |
| Re-enter Canada after leaving | Re-entry as a visitor is generally possible if you hold a valid TRV or eTA and are admissible, but you usually cannot resume work or study |
| Apply for other immigration benefits | Yes, a permanent residence application can be made, and maintained status does not stop it |
How does restoration of status work?
If your permit expired and you did not apply to extend it in time, you may still be able to restore your status under IRPR s.182, generally within 90 days of your status expiry date. Restoration is not automatic. You apply (and pay) for it, an officer reviews it, and you must have stopped working or studying once your authorization lapsed.
A former worker or student who no longer needs, or no longer qualifies for, a permit may instead apply from within Canada to restore status as a visitor only. IRCC's Guide 5551 says that person must "pay the restoration fee". No permit fee or Visitor Record fee is added.
| Restoring as | Fee |
|---|---|
| A visitor only | $246.25 |
| A worker | $401.25 ($246.25 + $155 work permit) |
| A student | $396.25 ($246.25 + $150 study permit) |
Who can restore:
- Former work or study permit holders whose permit expired within the last 90 days.
- You must apply for restoration and the new permit at the same time.
- You must still meet all the conditions for the permit being restored to.
- You must have complied with permit conditions while authorized to be in Canada.
The limits on restoration:
- An officer examines the application (IRPR s.182).
- You cannot work or study during the gap period while awaiting restoration approval.
- After 90 days, restoration is no longer available. You must leave Canada and apply from abroad.
What happens if you overstay?
Remaining in Canada beyond the expiry of your status (without implied status or after the 90-day restoration window) is a failure to comply with the Act (IRPA s.29(2), s.41(a)).
- Loss of temporary resident status
- You lose temporary resident status at the end of your authorized period (IRPA s.47(a)) if you remain without implied status or approved restoration.
- Removal order
- An officer may report you as inadmissible (IRPA s.44(1)). The removal order for staying past the authorized period is an exclusion order, and after it is enforced you need written authorization to return to Canada for one year (IRPR s.228(1)(c)(iv), s.225(1)).
- Impact on future applications
- Later application forms ask whether you have ever remained beyond the validity of your status, and a failure to comply with the Act can make a person inadmissible (IRPA s.41(a)).
- Potential misrepresentation finding
- Failing to disclose a period of unauthorized stay on a future immigration application can result in a finding of misrepresentation under IRPA s.40, which carries a 5-year inadmissibility.
Which route applies to your situation?
| Situation | What the rules provide |
|---|---|
| Applied before permit expired | Maintained status: you keep the same conditions while you stay in Canada. |
| Permit expired, less than 90 days ago, still in Canada | You may apply for restoration and a new permit. No work or study until restoration is approved. |
| Permit expired, more than 90 days ago | Restoration is closed. IRCC says to leave Canada and apply from outside Canada. |
| Outside Canada with expired permit | A new work or study permit application from outside Canada. |
Which free tool checks your own case?
- Processing TimesIRCC wait times by program
- Document ChecklistTypical documents by application type
- Fee CalculatorCurrent government fees, itemized
Free, with no account. What you enter in a tool stays in your browser.
What do people ask?
What does implied status mean?
Implied status is the older name for maintained status. If you apply to extend your work or study permit before it expires, you can stay in Canada and keep working or studying on the same conditions until IRCC decides. It ends when IRCC approves or refuses the application, and leaving Canada stops the right to keep working or studying. IRPR s.183(5) sets the rule, and the IRPR explorer shows the text.
What is the difference between implied status and restoration?
Timing. Implied (maintained) status protects you when you apply to extend before your permit expires, and you can keep working or studying while you wait. Restoration is for people whose status has already ended: you apply within 90 days under IRPR s.182, pay a restoration fee, and must stop working or studying until an officer approves it. The Restore Visitor Status guide covers the visitor route.
If I applied before my permit expired, can I keep working?
Yes, if your original permit allowed work. Under maintained status you keep working on the same conditions while IRCC processes your extension, so a closed permit still ties you to the same employer. Leaving Canada during this time generally ends the right to keep working (IRPR s.183(5) and (6), and s.186(u)). The Work Permit Extension guide explains the extension application.
What is the 90-day restoration window?
It is the time you have to apply for restoration after losing temporary resident status. IRPR s.182 lets an officer restore a visitor, worker or student who applies within 90 days after losing status and still meets the initial requirements for their stay. After 90 days, restoration is no longer available. The Processing Times tool shows current wait times.
Can I work while my restoration application is processed?
No. Once your permit expires without an extension application, you have no authorization to work or study, and that lasts until an officer approves restoration. IRPR s.182 also requires that you have complied with your other conditions, so working during the gap can lead to a refusal. The Work Permit Extension guide explains how to apply in time.
How much does it cost to restore my status in Canada?
Restoration costs a $246.25 fee plus the fee for the permit you restore. That is $401.25 for a worker ($246.25 plus the $155 work permit fee) and $396.25 for a student ($246.25 plus the $150 study permit fee). Biometrics of $85 per person, to a $170 family maximum, may also apply. Fees change, so confirm the current amounts with the Fee Calculator.
Can I leave Canada and come back while on maintained status?
You can usually return as a visitor if you hold the right travel document (a visitor visa or an eTA) and are admissible. What you generally cannot do is resume working or studying until IRCC decides your extension, because maintained status only covers you while you stay in Canada. A CBSA officer decides at the border. The eTA vs Visitor Visa guide explains which document you need.
Part of:Working in Canada
- Canada Flagpoling Ban: What Changed in December 2024
- Canada Digital Nomad & Remote Worker Guide: Can You Work Remotely in Canada?
- Canada Work Permit Without LMIA: LMIA-Exempt Pathways
The textbook on this subject
Volume 2: Immigrating to Canada $79
The economic and family pathways to permanent residence, explained from the published criteria.
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This page is based on law and policy published by the Government of Canada.