Short answer: if you applied to extend or change your permit before it expired and IRCC has not yet decided, you generally keep your status and can usually continue working or studying under the same conditions while you wait. This protection is set out in IRPR s.183(5). It used to be called "implied status," and many people (and even some employers) still use that phrase, but the term IRCC now uses is "maintained status." IRCC generally treats them as the same protection. One of the most commonly misunderstood concepts in Canadian immigration is what happens to your legal status after your work permit, study permit, or visitor record expires while an extension application is pending. This guide explains what maintained (implied) status is, when it applies, exactly what you can and cannot do, how leaving Canada affects it, and what happens if you missed the deadline. It is educational information, not legal advice, and an IRCC officer ultimately decides each case.
Maintained Status vs. Implied Status: Are They the Same Thing?
In everyday usage, "maintained status" and "implied status" are used interchangeably to describe the same protective concept: the legal protection that allows you to remain in Canada and continue your authorized activities while IRCC processes your extension or change application. "Implied status" is the older, informal term. "Maintained status" is the term IRCC now uses on canada.ca. IRCC generally treats them as referring to the same protection, so seeing either phrase should not worry you. What this means for you: nothing changes about your rights because of the label; what matters is whether you applied in time and what your original permit allowed.
The rule itself comes from IRPR s.183(5), which provides that a temporary resident who has applied to extend their authorized stay (or to change their conditions) before their authorized period ended continues to have temporary resident status, under the same conditions, until a decision is made on the application. In plain terms: your old permit may show an expiry date that has passed, but because you applied in time you are still considered a lawful temporary resident, and the conditions of that expired permit (which employer, which school, whether you may work at all) carry over unchanged while you wait.
Simple version: Apply before your permit expires → you remain legal in Canada and can continue working/studying under the same conditions as your expired permit, until IRCC makes a decision on your extension application.
When Does Implied Status Apply?
Implied status under IRPR s.183(5) applies when ALL of the following conditions are met:
- ✓ You currently hold or held a valid temporary resident status (work permit, study permit, or visitor record)
- ✓ You applied to extend or change your status (or conditions) before your permit expired
- ✓ IRCC has not yet made a decision on your application
If you applied to extend after your permit expired, maintained (implied) status does NOT apply: you lost your status on the expiry date, and your only remaining option may be restoration (covered below). This is the single most important rule to understand. The deadline is the expiry date on your permit, not the date IRCC starts processing. Concrete example: Maria holds an employer-specific work permit that expires June 30. If she submits her extension on June 28, she is on maintained status from July 1 onward and may keep working for the same employer until IRCC decides. If she instead submits on July 2, maintained status never applied, she stopped having authorization on July 1, and she would generally need to stop working and look at restoration within 90 days. What this means for you: apply well before the expiry date and keep the dated confirmation IRCC sends you.
What You Can and Cannot Do During Implied Status
✓ What You CAN Do
- ✓ Remain in Canada legally
- ✓ Work for your authorized employer (same conditions as expired work permit)
- ✓ Study at your authorized institution (same conditions as expired study permit)
- ✓ Continue accumulating work experience for CEC / Express Entry purposes
- ✓ Access OHIP/MSP after applicable waiting period (province-dependent)
✗ What You CANNOT Do
- ✗ Resume working or studying on the expired permit after leaving Canada (you may generally still re-enter as a visitor if otherwise admissible, but maintained status ends and you cannot resume the activity until a new permit is issued)
- ✗ Change employers if your work permit is employer-specific
- ✗ Change schools or programs beyond what your study permit allows
- ✗ Work if you are in implied visitor status (visitors cannot work)
Think carefully before leaving Canada: if you leave while on maintained (implied) status, that status generally ends. You may still be able to re-enter as a visitor if you are otherwise admissible (for example with a valid visa or eTA), but you generally cannot resume working or studying on the expired permit until your new permit is issued. This applies to any international travel, including brief US trips. An officer at the port of entry decides each case.
Applying to Extend Your Work Permit?
See our complete guide to work permit extensions, timing, fees, employer changes, and bridging open work permits.
Work Permit Extension GuideWhat Happens If Your Extension Application Is Refused?
If IRCC refuses your extension application, maintained (implied) status ends on the date of the decision. From that point you no longer have authorization to work or study, and you are generally expected to leave Canada. Remaining in Canada after a refusal without leaving or taking corrective action can put you out of status and may affect future applications. What this means for you: stop the activity that required authorization (such as working) as soon as you learn of a refusal, and act quickly, because the restoration window is short. An officer decides each case, so if your situation is complex, get advice from a licensed immigration lawyer or a CICC-regulated consultant before deciding what to do.
Your Options After a Refusal
- • Leave Canada within the deadline specified in the refusal letter
- • Apply for restoration of status within 90 days of losing status (if you meet the criteria)
- • Apply for a different immigration pathway if you qualify (PR, different permit type)
- • Seek judicial review of the refusal decision if there are legal grounds, consult an immigration lawyer
Restoration of Status: If You Missed the Deadline
If your permit has expired and you did NOT apply to extend before the expiry (meaning maintained status never applied), you may still be able to restore your status under IRPR s.182, but only within a specific window and only if you meet the criteria. Restoration is not automatic; an officer reviews the application and decides. You may generally remain in Canada while IRCC processes a restoration application, but if it is refused you will have to leave.
Restoration Requirements
- • IRCC must receive your restoration application within 90 days of losing your status
- • You must still meet the requirements of the status you are restoring to (worker, student, or visitor) and have stopped any activity that needs authorization
- • You must not have failed to comply with other conditions of your stay (for example, working without authorization after your permit expired)
- • You generally cannot work or study while the restoration application is pending; authorization resumes only once restoration and the new permit are approved
- • As of 2026 the fees are: restore status as a visitor $246.25; restore status as a worker $401.25 (the $246.25 restoration fee plus the $155 work permit fee); restore status as a student $396.25 (the $246.25 restoration fee plus the $150 study permit fee). Biometrics ($85 per person, $170 family maximum) may also apply. Always confirm current fees on the IRCC website before paying.
Common Mistakes to Avoid
Frequently Asked Questions
My work permit shows an expiry date but I applied to extend in time, can I still work?+
Yes. Under IRPR s.183(5), you may continue working for your authorized employer under the same conditions as your expired work permit, until IRCC makes a decision on your extension application. Keep a copy of your extension application confirmation with you at all times.
How do I prove I am in implied status if asked?+
Keep a printed copy of your IRCC application confirmation (including the AOR: Acknowledgment of Receipt) with your expired permit. This demonstrates that you applied before expiry and are in implied status. Employers may ask for this confirmation.
Does implied status apply to visitors extending their stay?+
Yes. A visitor who applies for a Visitor Record extension before their authorized stay expires is also protected by implied status and may remain in Canada as a visitor. However, visitor implied status does not grant work or study authorization.
Can I apply for PR while in implied status?+
Yes. Being in maintained (implied) status does not prevent you from submitting a permanent residence application. However, your maintained status must still be valid (your extension application must still be pending) throughout the PR application process.
Is "maintained status" the same as "implied status"?+
Generally yes. IRCC treats them as referring to the same protection under IRPR s.183(5). "Implied status" is the older, informal term; "maintained status" is the current term IRCC uses on canada.ca. Seeing either phrase from an employer, a forum, or an older guide does not change your rights.
How long does maintained status last?+
There is no fixed end date. Maintained status continues for as long as your extension or change application is being processed and ends when IRCC makes a decision. If the application is approved, your new permit takes over; if it is refused, maintained status ends on the date of the decision and you are generally expected to leave Canada. It can also end earlier if you leave Canada.
I am on maintained status and need to travel. What happens if I leave Canada?+
If you leave Canada while on maintained status, you may still be able to return as a visitor if you are otherwise admissible, but your maintained status ends and you generally cannot resume working or studying on the same expired permit until IRCC approves your new permit. This applies to any trip abroad, including short trips to the United States. If travel is unavoidable, consider getting advice from a licensed immigration professional first, and confirm the current rules on canada.ca.
What is the difference between maintained status and restoration of status?+
Maintained status applies when you applied to extend or change your permit BEFORE it expired; you keep your status and conditions while waiting. Restoration applies when you did NOT apply in time and have already lost your status; you may ask IRCC to restore it within 90 days, but you generally cannot work or study until it is approved, and a restoration fee applies on top of the permit fee.
Important: This guide is based on publicly available IRPR s.183(5) and IRCC policy. Individual situations vary, consult a licensed immigration consultant or lawyer if you are unsure about your status. Not legal advice.
🍁 Your Next Step
Apply early, don't rely on implied status
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This page is based on law and policy published by the Government of Canada.