Under the Immigration and Refugee Protection Act (IRPA), any foreign national allowed into Canada under subsection A22(1) is considered a temporary resident. This status may come with authorization to work or study either with or without a permit, depending on specific regulations (e.g., R186 for work without a permit, R200–R201 for work permits, R189 for study without a permit, R216–R217 for study permits).
All temporary residents are required to leave Canada once their authorized stay ends. However, under section R181, they can apply to extend their stay before it expires. If they do this while still in Canada, their temporary resident status is legally extended until a decision is made—this is known as maintained status (R183(5)).
It’s important to note that temporary resident status is different from the authorization to work or study. If someone applies to extend their work or study permit before it expires and stays in Canada, they can continue under the same conditions. But if they apply to switch to another status (e.g., from worker to visitor), their authorization to work or study ends once the current permit expires.
Temporary Resident Permit (TRP) holders are treated differently. When applying for a new TRP under section A24, they are not extending their current status under R181 and therefore do not maintain their temporary resident status during processing. This means they cannot continue to work or study until their TRP application is approved.
Key Points:
Maintained status only applies if the extension application is submitted before the current status expires and the applicant remains in Canada.
Application submission time is based on UTC (for online applications); paper applications are backdated up to 7 days to allow for mailing delays.
Leaving Canada ends maintained status. Re-entry is only allowed if the individual holds a valid multiple-entry visa or qualifies for a visa exemption.
If a person with a pending extension leaves Canada, they cannot work or study until the new permit is issued, even if they are allowed to return.
If the extension is approved, the new document indicates the updated period of stay. If refused, the applicant’s legal status ends on the day of the decision, starting a 90-day period for restoration.
If the application is withdrawn or rejected, the authorized stay ends on the date of withdrawal or when current status expires, respectively.
A second application submitted during the processing period is valid. However, maintained status only continues if the second application is filed before the current status expires and the applicant remains in Canada.
Foreign nationals have 90 days from the date their status expires to apply for restoration, including paying the required fee.
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