Canada has introduced changes to its immigration rules, affecting how temporary residents can legally remain in the country.
The update focuses on “maintained status,” a provision that lets foreign nationals stay in Canada while their application to extend their status is being processed.
This policy shift affects foreign workers, international students, and visitors, especially those who file more than one application to extend or change their status.
Maintained status, formerly known as implied status, allows temporary residents to remain in Canada legally after their original permit expires, provided they submitted an extension application before the expiry date.
While under a maintained status, individuals can continue living in Canada under the same conditions as their expired permit until a decision is made on their application.
New rules on multiple applications while on maintained status
The Canadian government has introduced a major policy change regarding multiple immigration applications submitted while on maintained status.
If you’re on maintained status and file a second application to extend your stay before a decision is made on your first application, be cautious:
- If the first application is refused, the second application will also be refused and returned.
This is a major departure from previous policy, which sometimes allowed a second application to preserve your authorized stay, even if not your work or study privileges.
- If you submit a second application before your initial permit expires (and before the first application is decided), you may remain in Canada legally while it is being processed.
However, you will not be authorized to work or study until the second application is approved. This is a critical point for many applicants.
Filing a second application after permit expiry
On the other hand, if your second application is submitted after your original permit has expired (meaning you are already on maintained status), and your first application is refused, you immediately lose your legal status. In this situation, you would need to apply for a “restoration of status” if eligible for a more complex process.
These changes highlight the importance of careful planning and timely submissions. It is now more crucial than ever to ensure your initial application is complete and accurate.
What is a Temporary Resident Permit (TRP)?
A Temporary Resident Permit (TRP) is a special authorization issued by Immigration, Refugees and Citizenship Canada (IRCC) that allows individuals who would otherwise be inadmissible to Canada to enter or remain in the country for a specific period. Reasons for inadmissibility may include medical issues, criminality, or other factors.
Key features of a TRP include:
- Discretionary: Issued on a case-by-case basis.
- Limited Time: Valid only for a specific period.
- Conditional: May come with work or study restrictions.
- No Direct Path to PR: Does not directly lead to permanent residency.
Canada makes a clear distinction between temporary resident status and temporary resident permits (TRPs), two terms that are often confused.
Temporary Resident Status is granted to visitors, students, and workers who enter Canada legally under section A22(1) of the Immigration and Refugee Protection Act (IRPA).
This status is extensible under section R181, allowing individuals to maintain their status during the renewal process, provided the extension application is filed before the original permit expires.
While awaiting a decision on the extension, they are generally permitted to continue working or studying.
In contrast, a Temporary Resident Permit (TRP) is issued to individuals who are otherwise inadmissible to Canada under section A24 of the IRPA.
TRPs do not have automatic extensions; each permit requires a new application. Unlike Temporary Resident Status, there is no maintained status during the renewal process for TRP holders, meaning they must wait for a decision before they can continue work or study in Canada.
What TRP holders should know
Holders of Temporary Resident Permits (TRPs) are technically classified as temporary residents but do not qualify for permanent residency.
- If a TRP holder submits a new TRP application, they are not covered under the maintained status rules.
- TRP holders must wait for a decision before continuing to work or study in Canada.
- Work or study permits cannot be extended or renewed while awaiting a new TRP decision.
Important tips for extending your stay in Canada on temporary permits
- Submit any new applications before your current status expires.
- Do not rely on submitting multiple applications to maintain legal status.
- If your first application is refused and the second was filed too late, you must stop working or studying immediately.
- If you fall out of status, consider applying for restoration of status as soon as possible.
