Short answer: if your Canadian work or study permit is about to expire, apply to extend it BEFORE the expiry date and you generally keep maintained status (formerly called implied status) under IRPR s.183(5), letting you stay and keep working or studying on the same conditions until IRCC decides. If your permit already expired and you did not apply in time, you generally have 90 days from the expiry date to apply for restoration of status under IRPR s.182, but you must stop the activity that needed authorization (work or study) until restoration is approved. This guide explains both protections, what you can and cannot do under each, the current fees, and the consequences of overstaying. It is educational information, not legal advice: an IRCC officer decides each case, so confirm details on canada.ca or consult a licensed immigration lawyer or a CICC-regulated consultant.
Implied Status (Maintained Status): IRPR s.183(5)
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). What this means in practice: if your work permit shows an expiry date of June 30 and you submit a complete extension application on June 20, you do not lose your right to be in Canada on July 1, you keep working under your existing conditions while you wait. 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 Maintained status generally ends when IRCC approves the new permit, or if your application is refused or withdrawn; leaving Canada also generally stops your authorization to keep working or studying on maintained status until a new decision is made.
Key conditions for implied status
- ✓You must have applied for your extension before your current permit expired
- ✓The extension application must be for the same type of permit (e.g., work permit to work permit, study permit to study permit)
- ✓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
What You Can and Cannot 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/study authorization |
| Re-enter Canada after leaving | ⚠ Re-entry as a visitor is generally possible if you hold a valid TRV/eTA and are admissible, but you usually cannot resume work/study |
| Apply for other immigration benefits | ⚠ Depends, some applications permitted, check with IRCC |
⚠ Critical: Do not leave Canada on implied status
If you leave Canada while on maintained status, you may be able to return as a visitor (if you hold a valid TRV or eTA and are otherwise admissible), but you generally cannot resume working or studying until IRCC makes a decision on your extension, because maintained work and study authorization applies only while you remain in Canada. Coming back to a port of entry on an expired permit is at the discretion of a CBSA officer. The safest course is usually to stay in Canada until you receive a decision; confirm your specific situation on canada.ca before any travel.
Restoration of Status: IRPR s.182
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. The fees are a restoration fee of $246.25 plus the fee for the permit you are restoring, so restoring as a worker is $401.25 ($246.25 + $155 work permit), and restoring as a student is $396.25 ($246.25 + $150 study permit). Note a recent change: IRCC guidance updated in May 2026 confirms that a former work or study permit holder may, in many cases, apply to restore their status as a visitor from within Canada (a $246.25 restoration fee, no separate permit fee) rather than restoring the work or study permit itself. Fees and rules change, so verify current amounts and eligibility on canada.ca before you apply.
Who can restore?
- • Former work or study permit holders whose permit expired within the last 90 days
- • Must apply for restoration AND the new permit at the same time
- • Must still meet all the conditions for the permit being restored to
- • Must have complied with permit conditions while authorized to be in Canada
⚠ Important limitations on restoration
- • Restoration does not "erase" the gap in status, you were without valid status during the gap period
- • You cannot work or study during the gap period while awaiting restoration approval
- • A gap in status must be disclosed in future immigration applications
- • After 90 days, restoration is no longer available, you must leave Canada and apply from abroad
Penalties for Overstaying: IRPA Consequences
Remaining in Canada beyond the expiry of your status (without implied status or after the 90-day restoration window) is an IRPA violation. Consequences include:
⚠ Loss of temporary resident status
You become an unauthorized person in Canada if you remain beyond your authorized stay without implied status or approved restoration.
⚠ Removal order
IRCC may issue a departure order, exclusion order, or deportation order depending on the circumstances of overstay and any prior immigration history.
⚠ Impact on future applications
Unauthorized stay must be disclosed in all future Canadian immigration applications and can result in refusals or inadmissibility findings.
⚠ 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.
Restoration vs New Application: Which to Choose
| Situation | Recommended Action |
|---|---|
| Applied before permit expired | Implied status, continue with same conditions. Do not leave Canada. |
| Permit expired, less than 90 days ago, still in Canada | Apply for restoration + new permit immediately. Stop working/studying until restoration is approved. |
| Permit expired, more than 90 days ago | Restoration not available. Consider voluntary departure and apply for a new permit from abroad. |
| Outside Canada with expired permit | Apply for a new work or study permit from your home country through the normal application process. |
Check processing times for extensions
Use our free processing times tool to check current wait times for work and study permit extensions.
Check Processing TimesFrequently Asked Questions
If I applied for an extension before my permit expired, can I still work while waiting?+
Yes, if your original permit allowed you to work, you can continue working on implied status while your extension application is being processed. Implied status maintains the same conditions as your original permit. You must not leave Canada during this time, as leaving ends implied status.
What is the 90-day restoration window exactly?+
Under IRPR s.182, you have 90 calendar days from the expiry of your temporary resident status to apply for restoration. This means if your work permit expired on March 1, you have until May 30 to file a restoration application (plus the new permit application) from within Canada.
Can I work while my restoration application is being processed?+
No. During the gap between your permit expiry and an approved restoration, you do not have legal authorization to work or study. You must wait for the restoration to be approved before resuming work or study.
Does implied status appear on my immigration record?+
Implied status (now called maintained status) is a legal protection, it is not a violation. You are considered to be maintaining lawful temporary resident status during the processing period. It does not create a negative mark on your record, and you do not need to disclose maintained status as an immigration violation in future applications.
What is the difference between implied status and maintained status?+
They refer to the same protection. Maintained status is the current official term used by IRCC; implied status is the older term you may still see in unofficial articles and forums. Both describe the right under IRPR s.183(5) to stay in Canada, and to keep working or studying on the same conditions, while IRCC processes an extension application you filed before your permit expired.
How much does it cost to restore my status in Canada?+
As of 2026, restoration requires a restoration fee of $246.25 plus the fee for the permit being restored. That works out to about $401.25 to restore status as a worker ($246.25 plus the $155 work permit fee) and about $396.25 to restore status as a student ($246.25 plus the $150 study permit fee). IRCC guidance updated in May 2026 also allows many former permit holders to restore as a visitor for the $246.25 restoration fee with no separate permit fee. Biometrics ($85 per person, to a $170 family maximum) and other costs may apply. Always confirm current fees on canada.ca, because they change.
Can I leave Canada and come back while on maintained status?+
You can generally re-enter Canada as a visitor if you hold a valid travel document (a TRV or eTA, depending on your nationality) and are otherwise admissible, but you usually cannot resume working or studying until IRCC decides your extension, because maintained work and study authorization only applies while you stay in Canada. Re-entry is ultimately at the discretion of a CBSA officer at the port of entry. Many applicants choose to stay in Canada until they receive a decision; check canada.ca for your specific situation before travelling.
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This page is based on law and policy published by the Government of Canada.