By Triccia Dias, Articling Student, Lewis & Associates LLP
For hundreds of thousands of workers, students and visitors, the most important date in their immigration to Canada journey is not when they arrived, but when their permit expires. Applying one day too late, a refusal that arrives unexpectedly or a trip abroad at the wrong moment can change a person’s legal position overnight.
This guide explains the three situations every temporary resident should understand: maintained status while an extension is pending, restoration after status is lost, and what it means to be out of status. It also covers the options available when the 90-day restoration window has closed.
Temporary Residents
In Status, Maintained, Restoration or Out of Status
Where you stand depends on one date: when you applied compared with when your permit expired.
Your permit or visitor record is still valid. You can apply to extend or change your conditions from inside Canada.
You applied before your status expired. You can stay, and usually keep working or studying under your old conditions, until IRCC decides.
Your status expired, or your extension was refused. You have 90 days to apply to restore it, but you must stop working or studying.
The restoration window has closed. You are generally expected to leave Canada, and enforcement action is possible.
What Is Maintained Status?
Under section 183(5) of the Immigration and Refugee Protection Regulations (IRPR), if a temporary resident applies to extend their stay before their authorized period ends, and IRCC has not decided by the expiry date, their status is extended until a decision is made. They keep their status, under the same conditions, during that period. IRCC used to call this “implied status”; it now uses the term maintained status.
The key requirement is timing. The application must be submitted before the current status expires. An application submitted even one day late does not create maintained status. Instead, the person is out of status and must apply for restoration.
Workers
According to IRCC, if you applied to extend or change your work permit before it expired, you can keep working under the conditions of your original permit until a decision is made, as long as you stay in Canada. If you applied for a study permit or a visitor record instead, you must stop working on the day your work permit expires.
Students
Students who apply to extend their study permit before it expires can generally continue studying under the same conditions while they wait. Students who apply for a post-graduation work permit before their study permit expires may be able to start working full time while the application is processed, if they meet the conditions IRCC sets for that situation.
Visitors
Visitors who apply to extend their stay before it ends can remain in Canada while the application is processed. Visitors cannot work or study without authorization, whether or not they are on maintained status. See our visitor visa page for more on visiting Canada.
Maintained Status
What You Can and Cannot Do
Maintained status keeps you legal, but only under the conditions of the permit that expired.
- 1Stay in Canada until IRCC makes a decision on your application.
- 2Keep working under your old work permit conditions, if you applied to extend or change your work permit before it expired.
- 3Stop working when your work permit expires if you applied for a study permit or visitor record instead.
- 4Think twice before travelling. Leaving Canada ends maintained status, and you may not be able to work after you return until a decision is made.
- 5Watch for a refusal. If your application is refused, maintained status ends that day and the 90-day restoration period begins.
Common Maintained Status Pitfalls
Leaving Canada
Under section 183(4) of IRPR, the authorized period ends if a temporary resident leaves Canada without authorization to re-enter. Leaving therefore ends maintained status. You may be able to return as a visitor, but unless you still hold a valid permit, you generally cannot work or study until your new permit is approved. Re-entry is never guaranteed.
A refusal ends status immediately
If the application is refused, maintained status ends on the day the decision is made. From that day, the person has no status, must stop working or studying, and has 90 days to apply for restoration if they are eligible.
Back-to-back applications
Submitting another application while already on maintained status does not create a new period of maintained status. If the first application is refused, status is lost, even if a second application is still pending. This is a common trap for people who apply for one permit and then, as a precaution, apply for another.
Restoration of Status
If your status has expired, or your extension was refused, section 182 of IRPR allows you to apply to restore it within 90 days. An officer must restore your status if you still meet the initial requirements for your stay and have not failed to comply with any other condition. According to IRCC, you must apply within 90 days, must have met the requirements of your stay (for example, you did not work without authorization), and must not be a temporary resident permit holder.
Restoration does not let you resume working or studying while it is pending. You may remain in Canada, but you must stop working or studying until your status is restored and a new permit is issued. If restoration is refused, you will need to leave Canada.
| Applying as | What you pay | Total |
|---|---|---|
| Visitor | Restoration fee | $246.25 |
| Worker | Restoration ($246.25) + work permit ($155.00) | $401.25 |
| Student | Restoration ($246.25) + study permit ($150.00) | $396.25 |
| Open work permit | Add the open work permit holder fee | + $100.00 |
| Biometrics, if required | Per person | + $85.00 |
IRCC also has a limited exception for certain foreign workers applying for an open work permit with a letter of support from a participating province or territory, confirming that they are in that province’s Provincial Nominee Program pool or inventory. These workers do not have to apply within 90 days. Eligibility is narrow and should be confirmed before relying on it.
Comparing Your Situation
| Maintained status | Restoration | Out of status (90+ days) | |
|---|---|---|---|
| When | Applied before status expired | Within 90 days after losing status | More than 90 days after losing status |
| Can you stay? | Yes, until a decision | Yes, while it is processed | Generally expected to leave |
| Can you work or study? | Yes, under old conditions (if extending the same type of permit) | No | No |
| If refused | Status ends that day; 90 days to restore | Must leave Canada | Enforcement action possible |
| Legal basis | IRPR s. 183(5) | IRPR s. 182 | IRPA ss. 41, 44 |
Out of Status: What Are Your Options?
Once the 90-day window has passed, restoration is generally no longer possible. Staying in Canada without status can lead to a report under section 44 of IRPA and a removal order. A departure order becomes a deportation order if the person does not leave within 30 days, and a deportation order means a permanent bar on returning without written authorization. Depending on your situation, options may include:
- Leaving and applying from outside Canada. Often the simplest route, but a history of overstaying must be explained in future applications.
- A temporary resident permit. A discretionary permit that can allow an inadmissible person to remain for a specific purpose. See our guide to inadmissibility and temporary resident permits.
- A humanitarian and compassionate application. Based on establishment in Canada, the best interests of children and hardship. See our H&C application guide.
- Spousal or common-law sponsorship. A public policy allows certain spouses and common-law partners without status to be sponsored from inside Canada. See our spousal sponsorship guide.
- Refugee protection. If you fear persecution or serious harm in your home country, a refugee claim may be available, subject to eligibility rules.
- Challenging a refusal. If the refusal that caused the loss of status was unreasonable, judicial review in the Federal Court may be possible within 15 days. See what to do after a refusal.
How to Protect Your Status
Prevention
How to Protect Your Status
Most status problems we see come from missed dates, not from complex legal issues.
- Track the expiry date of your permit, your visitor record and your passport, as permits cannot be issued beyond passport validity
- Apply to extend at least 30 days before your status expires, and never on the last day
- Save the submission confirmation and acknowledgment of receipt for every application
- Check that you meet the requirements for the new permit before you apply, so you are not refused
- Do not work or study beyond what your status allows, including on maintained status
- Avoid travelling outside Canada while an extension is pending unless you have taken advice
- If you are refused, note the date immediately: the 90-day restoration period starts then
- Get legal advice early if you have a pending PR application, a family in Canada or a fear of return
If you work in Canada, our pages on the Canadian work permit and the bridging open work permit explain options for staying in status while your permanent residence application is processed. Once you become a permanent resident, a different rule applies: the PR residency obligation.
How Lewis & Associates Can Help
Lewis & Associates LLP has helped workers, students and families with status problems for more than 30 years, from urgent extension and restoration applications to temporary resident permits, humanitarian and compassionate applications and Federal Court challenges. When dates and deadlines decide the outcome, advice from an experienced Canada immigration lawyer before you act can make all the difference.
If your permit is about to expire, your extension was refused or you are already out of status, contact us as soon as possible. You can book a consultation, meet our lawyers, or contact our office.
Frequently Asked Questions
What is maintained status in Canada?
Maintained status, formerly called implied status, applies when a temporary resident applies to extend their stay before their current status expires. Under section 183(5) of the Immigration and Refugee Protection Regulations, they can remain in Canada under the same conditions until IRCC decides the application.
Can I keep working on maintained status?
Yes, if you applied to extend or change your work permit before it expired, and you stay in Canada and follow the conditions of your original permit. If you applied for a study permit or visitor record instead, you must stop working when your work permit expires.
Can I leave Canada while on maintained status?
You can, but leaving ends maintained status. You may be able to return as a visitor, but you generally cannot work or study until your new permit is approved, unless you still hold a valid permit. Get advice before you travel.
What happens if my extension is refused while I am on maintained status?
Your status ends on the day of the refusal. You then have 90 days to apply for restoration, if you qualify, or you must leave Canada. You must stop working or studying immediately.
Does a second application extend my maintained status?
Generally not. Submitting another application while you are already on maintained status does not create a new period of maintained status. If the first application is refused, you lose status even if another application is pending.
How long do I have to restore my status?
You must apply within 90 days after losing status. After that, restoration is generally no longer available and you are expected to leave Canada, subject to limited exceptions, such as certain workers supported by a participating province or territory.
Can I work or study while my restoration application is pending?
No. You may remain in Canada while the application is processed, but you cannot work or study until your status is restored and a new permit is issued.
How much does restoration cost?
IRCC’s fee list currently shows $246.25 to restore status as a visitor, $401.25 for a worker (restoration plus work permit) and $396.25 for a student (restoration plus study permit). An open work permit holder fee and biometrics may also apply.
What are my options if I have been out of status for more than 90 days?
Options may include leaving Canada and applying from abroad, a temporary resident permit, a humanitarian and compassionate application, spousal sponsorship from inside Canada or, if you fear return, refugee protection. The right option depends on your circumstances.
Will being out of status affect future applications?
It can. Overstaying or working without authorization may lead to refusals, a removal order or a finding that you did not comply with your conditions. A departure order becomes a deportation order if you do not leave within 30 days.
This article provides general information about Canadian immigration law as of November 2026 and is not legal advice. Rules, fees and processing practices change, and every case depends on its own facts. Speak with a lawyer before making a decision about your status.
