Canada Updates Maintained Status Rules for Temporary Residents

Key Takeaways

• May 28, 2025 rules require extension applications before expiry for maintained status in Canada.
• Second applications after refusal and expiry no longer grant maintained status; restoration must be sought.
• Port of entry applications removed; employers and schools must verify status diligently under stricter IRCC rules.

The May 28, 2025, changes to Canada’s maintained status rules for temporary residents mark a major shift in how international students, temporary foreign workers, and visitors must manage their legal stay in Canada 🇨🇦. This analysis explains the purpose and scope of these changes, outlines the methodology for understanding their impact, presents key findings, and offers a detailed breakdown of the new rules, their effects, and what temporary residents and stakeholders need to know to stay compliant.

Purpose and Scope

This content aims to provide a clear, detailed explanation of the recent changes to maintained status for temporary residents in Canada 🇨🇦. It covers:

• The background and evolution of maintained status rules
• The specific changes introduced on May 28, 2025, by Immigration, Refugees and Citizenship Canada (IRCC)
• The practical effects on temporary residents, employers, educational institutions, and immigration practitioners
• Step-by-step procedures for maintaining or restoring status
• Data, trends, and comparisons to previous rules
• Evidence-based conclusions and practical guidance for affected individuals

Methodology

This analysis draws on official IRCC policy updates, operational instructions, and public notices released in May 2025. It also incorporates perspectives from immigration lawyers, consultants, and policy analysts, as well as recent data and procedural guidelines. The approach is objective and fact-based, using only verified information from government and expert sources. Visual descriptions and summary tables are included to help readers understand complex scenarios.

Key Findings

• Maintained status now strictly depends on submitting extension applications before the expiry of the original status.
• Submitting a second application after a first refusal and after the original status has expired no longer allows a person to remain in Canada 🇨🇦 on maintained status.
• Restoration of status is the only option if status is lost, but it comes with strict requirements and a 90-day deadline.
• The removal of port of entry applications further limits last-minute options for regularizing status.
• Employers and educational institutions must be more vigilant in verifying the status of workers and students.
• The changes reflect a broader move by IRCC to tighten temporary resident controls and reduce loopholes.

Data Presentation and Visual Descriptions

Timeline of Maintained Status Rule Changes

• Before May 28, 2025:
  Temporary residents could submit a second extension application after a first refusal, even if their original status had expired, and remain in Canada 🇨🇦 while the second application was processed.
• After May 28, 2025:
  Only extension applications submitted before the expiry of the original status allow maintained status. Any application submitted after expiry, following a refusal, results in immediate loss of status.

Table: Maintained Status Scenarios

This table helps visualize the different outcomes based on when applications are submitted and the status of the applicant.

Comparisons, Trends, and Patterns

Previous vs. Current Maintained Status Rules

Before May 28, 2025:
– Temporary residents could remain in Canada 🇨🇦 on maintained status even after a first extension application was refused, as long as a second application was submitted—even if it was after the original status expired.
– This created a “loophole” where individuals could stay in Canada 🇨🇦 longer, even after a refusal, by submitting another application.

After May 28, 2025:
– Maintained status is only granted if all extension applications are submitted before the original status expires.
– If the first application is refused and the second is submitted after expiry, the person is immediately out of status. The second application is refused and returned.
– Restoration of status is now the only path to regain legal status, and it comes with a 90-day deadline and no right to work or study until approval.

Trend:
The IRCC is moving toward stricter enforcement and closing gaps that allowed temporary residents to remain in Canada 🇨🇦 after losing status. This aligns with broader efforts to control temporary resident inflows and strengthen border security.

Evidence-Based Conclusions

• Timely Application is Critical:
  Temporary residents must submit complete extension applications before their current status expires to benefit from maintained status. Late applications, even if only a day late, will not protect their right to stay or work/study in Canada 🇨🇦.

• Restoration of Status is Limited:
  If status is lost, individuals have 90 days to apply for restoration. During this period, they cannot work or study. Restoration is not guaranteed and requires meeting strict eligibility criteria.

• No More Port of Entry Applications:
  The removal of the option to apply for work or study permits at the port of entry (such as through “flag-poling”) means temporary residents must plan ahead and cannot rely on last-minute solutions.

• Employers and Schools Must Monitor Status:
  With stricter rules, employers and educational institutions must regularly check the status of their workers and students to avoid legal risks.

• Legal and Practical Risks Have Increased:
  Missing deadlines or submitting incomplete applications can now result in immediate loss of status, work, and study rights, with no second chances through late applications.

Detailed Policy Implications and Practical Effects

For Temporary Residents

Maintained Status
Maintained status (formerly called “implied status”) allows temporary residents to stay in Canada 🇨🇦 and keep working or studying under the same conditions as their expired permit, as long as they applied for an extension before expiry. According to analysis by VisaVerge.com, this rule is now strictly enforced, and any late application means immediate loss of status.

Loss of Status
If the first extension application is refused and a second application was submitted after the original status expired, the person is immediately out of status. They must stop working or studying right away.

Restoration of Status
– Eligible individuals can apply for restoration within 90 days of losing status.
– They must submit a new application for a temporary resident permit (work, study, or visitor) and pay a restoration fee.
– They cannot work or study until restoration is approved.
– Restoration is not automatic and depends on meeting all requirements.

Port of Entry Applications
The new rules remove the option to apply for work or study permits at the port of entry, ending the practice known as “flag-poling.” This means temporary residents must rely on online or paper applications and cannot fix status issues by quickly leaving and re-entering Canada 🇨🇦.

For Employers and Educational Institutions

• Employers must check that employees have valid status, especially after a refusal or expiry.
• Schools must ensure that international students remain eligible to study.
• There is a higher risk of disruption if an employee or student loses status due to a late or refused application.

For Immigration Practitioners

• Lawyers and consultants must advise clients to submit extension applications well before expiry.
• They should help clients prepare for possible restoration applications if an extension is refused.
• Practitioners must stay updated on the latest IRCC rules and deadlines.

Step-by-Step Procedures

How to Maintain Status

1. Submit a complete extension application before your current status expires.
   • Use the official IRCC forms for work, study, or visitor extensions.
   • Find the correct form here.
2. Remain in Canada 🇨🇦 while your application is processed.
3. If your application is refused, you lose status immediately on the date of refusal.
4. If you want to stay, apply for restoration of status within 90 days.

If Submitting a Second Application

• If the second application is submitted before expiry and the first is refused, maintained status continues during processing.
• If the second application is submitted after expiry and the first is refused, you are out of status and the second application is refused and returned.

Restoration of Status

1. Apply within 90 days of losing status.
2. Submit a new temporary resident application (work, study, or visitor) and pay the restoration fee.
   • Restoration of status instructions
3. Wait for approval before resuming work or study.

Limitations

• The new rules do not allow for exceptions based on personal hardship or misunderstanding of deadlines.
• Restoration of status is not guaranteed and depends on meeting all eligibility criteria.
• The IRCC may issue further clarifications or changes as the policy is implemented, so ongoing monitoring is necessary.
• Some vulnerable groups may face extra challenges due to stricter enforcement and fewer options for regularizing status.

Multiple Perspectives

Temporary Residents

• Must be more careful than ever with deadlines and documentation.
• Face immediate loss of status if they miss the window for extension applications.
• Have fewer options for fixing status problems after a refusal.

Employers and Educational Institutions

• Need to track the status of workers and students closely.
• May face sudden disruptions if someone loses status and cannot work or study.

Government (IRCC)

• Seeks to close loopholes and make the system clearer and more secure.
• Aims to reduce abuse and align with broader immigration priorities.

Background and Historical Development

Implied Status:
Before 2021, the term “implied status” was used to describe the right to stay in Canada 🇨🇦 while an extension application was processed, as long as it was submitted before expiry.

Maintained Status:
In 2021, the term “maintained status” replaced “implied status” to clarify the legal meaning.

Prior Loophole:
Previously, individuals could submit a second application after a refusal and remain in Canada 🇨🇦 while it was processed, even if their status had technically expired.

2025 Change:
The new rules close this loophole, requiring all extension applications to be submitted before expiry for maintained status to apply.

Future Outlook and Anticipated Developments

• Stricter Enforcement:
  The IRCC is expected to continue tightening temporary resident controls, with more guidance likely as the new policy is implemented.
• Potential for Further Restrictions:
  Ongoing reviews of temporary resident programs may lead to additional changes, especially regarding work permit mobility and restoration eligibility.
• Stakeholder Feedback:
  Immigration lawyers and advocacy groups may push for clarifications or exceptions, especially for vulnerable groups.

Official Resources and Contact Information

• Maintained Status Information:
  IRCC Maintained Status Guide
• Restoration of Status:
  IRCC Restoration of Status Guide
• IRCC Client Support Centre: 1-888-242-2100 (within Canada 🇨🇦)
• Legal Consultation: Many immigration law firms offer free initial consultations for those affected by status issues.

Conclusion

The May 28, 2025, changes to maintained status rules for temporary residents in Canada 🇨🇦 represent a significant tightening of immigration policy. Temporary residents must now submit all extension applications before their current status expires to keep their right to stay, work, or study. If they lose status, restoration is possible within 90 days but comes with strict limits and no right to work or study until approval. Employers, schools, and immigration practitioners must adapt to these changes and help ensure compliance. As reported by VisaVerge.com, these updates reflect a broader trend toward stricter controls and fewer second chances for those who miss deadlines or have applications refused. For the most current information, always check the official Immigration, Refugees and Citizenship Canada website.

Learn Today

Maintained Status → Legal status temporary residents keep when they apply for extension before current status expires.
Restoration of Status → A 90-day process allowing former residents to regain status after losing it due to expiry or refusal.
Port of Entry Applications → Requests for permits made at Canadian borders, now disallowed for temporary residents to maintain status.
Temporary Residents → Non-permanent individuals authorized to live, work, or study in Canada for a limited period.
Immigration, Refugees and Citizenship Canada (IRCC) → Canadian government agency managing immigration, refugee protection, and citizenship applications and policy.

This Article in a Nutshell

Canada’s May 28, 2025 changes tighten temporary resident maintained status rules, closing loopholes. Late or second applications post-expiry no longer preserve status. Restoration options have strict deadlines. Employers, schools, and residents face increased responsibility ensuring compliance under these updated immigration conditions.
— By VisaVerge.com