New IRCC Updates on Maintained Status Policies: Major Change to Temporary Residents (2025)
Reviewed by: Mariam Baher
As of May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has introduced significant updates to the rules governing maintained status for temporary residents in Canada, particularly to those who are planning on applying to extend their stay in Canada as a temporary resident.
Previously, to maintain their status, temporary residents in Canada sometimes have strategically submitted an incomplete “placeholder”, also known as a dummy application, right before the expiry of their current status with the intent of submitting a complete application later. This typically allowed them to maintain their status (and in most cases their work authorization) until they obtained all the required elements to submit a complete application (e.g: a CSQ, an official AOR, etc.). If or when the first application was refused or rejected for being incomplete, the applicant’s temporary status was maintained until a decision was made on the second application. In the case of foreign workers, if the second application had been submitted after the expiry of their original status (i.e: during maintained status), they would not be authorized to work as of the refusal date, and could resume work when/if the second application was approved.
IRCC’s updated instructions aim at restricting this practice and tighten rules of gaining and keeping maintained status.
Highlights of IRCC’s instructions in force as of May 28, 2025:
1. Submitting a temporary residence application before the expiration date of their status
A temporary resident maintains their status if they apply for an extension before their current status expires and remain in Canada while the application is being processed. This rule remains unchanged.
2. Incomplete/Ineligible applications submitted before the expiry date
If an application is submitted before the status expiry date but is either refused, or found to be incomplete and returned, after the original expiry date:
- The applicant no longer benefits from maintained status.
- Workers/students must therefore stop working/studying immediately and resume their authorized activities when and if their status is restored.
3. Maintained Status from a Second Application
A temporary foreign resident may submit a subsequent application for extension during the processing of their initial extension application if new circumstances that could impact their application arise.
Second application submitted before expiry date
If the first extension application is refused or rejected as incomplete, and a second application for extension has been submitted before the expiry date of the applicant’s status, the temporary resident will maintain their status during the processing period of the subsequent application, as long as the application is complete.
Second application submitted after expiry date
If the first application is refused or rejected, and the second application was submitted after the expiry of the applicant’s status, the temporary resident will lose their status. Additionally, in this specific context, IRCC will refuse the second application automatically, and the applicant will have to restore their status, if eligible.
How can a restoration of status help?
If your status expired and your application for an extension is refused, you no longer have status in Canada. However, you may apply for a Restoration of Status, meaning that if your new temporary application (that includes the restoration request) is approved, you will regain a valid status for the duration of the newly authorized stay. There are very strict requirements to meet in order to apply for a restoration of status:
- You must apply within 90 days of having lost your status
- You must apply to restore the same status as the one you lost (except if you are a worker or student applying to restore your status and remain in Canada as a visitor)
- You must remain in Canada for the entire time that a decision is pending
- You must continue to meet the requirements as a temporary resident
- You must immediately stop studying or working after losing your worker or student status in Canada
How to apply these new changes as a temporary resident
With IRCC tightening the regulations on maintained status, it is very important to learn how to plan your status extension ahead of time, particularly if you hold a study or work permit. You must gather and prepare all the required documentation in order to be able to apply for an extension before your current status expires. In addition, in the unfortunate event that you are not able to submit an application in time or get your application refused, it is important to stay informed and seek legal advice on how to apply for a restoration of status in Canada.
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