People who need to renew their temporary status in Canada have, on occasion, filed an intentionally incomplete application before their current status expires, wanting to finish the real application when it is more convenient.
Because of this, immigrants were allowed to remain in their status (and usually continue working in Canada) until they collected all necessary documents to submit their application (for example, a CSQ and an official AOR).
If the first application was not approved because it was lacking information, the applicant’s temporary status was not changed and a decision on the next application was made in due course.
When foreign workers file for an extension during their period of maintained status (after their status ends), they cannot continue working until the second application is approved.
IRCC’s updated guidelines are designed to restrict this practice and enforce stricter rules for obtaining and retaining 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 the status expires before a submitted application is processed and either the application is refused or returned as incomplete afterward:
The applicant is not able to maintain his or her original status.
As soon as the situation is resolved, workers/students have to suspend their work/studies and go back to doing what they are permitted to do.
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 is turned down and before the expiration date of their status, a second request is made, the process of the filed application can go on and the temporary resident will stay in their status if the request is complete.
Second application submitted after expiry date
When the first application is turned down and the second is obtained at a time after the expiry of the applicant’s visa, it results in them losing their temporary status. Besides, if the individual applies again during the one-year period, IRCC will refuse the new application automatically and the applicant may need to restore their status if allowed.
How can a restoration of status help?
In the case where your status expired and the application for an extension is turned down, you have lost your status in Canada. As an option, you can request a Restoration of Status, so if your new temporary application (in which you also include the restoration request) is approved, you will again have a valid status for the time authorized. Certain strict rules must be followed to be eligible for 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
Because IRCC has made it challenging to maintain your status, being prepared to extend your status by planning ahead is highly recommended if you currently hold a study or work permit. You have to collect and prepare all the necessary documents in order to apply for an extension on time. Should you fail to submit a request on time or get refused, you must continue to keep up-to-date and get advice on how to renew your Canadian status in a different way.
IRCC Announces Major 2025 Policy Changes to Maintained Status for Temporary Residents
People who need to renew their temporary status in Canada have, on occasion, filed an intentionally incomplete application before their current status expires, wanting to finish the real application when it is more convenient.
Because of this, immigrants were allowed to remain in their status (and usually continue working in Canada) until they collected all necessary documents to submit their application (for example, a CSQ and an official AOR).
If the first application was not approved because it was lacking information, the applicant’s temporary status was not changed and a decision on the next application was made in due course.
When foreign workers file for an extension during their period of maintained status (after their status ends), they cannot continue working until the second application is approved.
IRCC’s updated guidelines are designed to restrict this practice and enforce stricter rules for obtaining and retaining 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 the status expires before a submitted application is processed and either the application is refused or returned as incomplete afterward:
The applicant is not able to maintain his or her original status.
As soon as the situation is resolved, workers/students have to suspend their work/studies and go back to doing what they are permitted to do.
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 is turned down and before the expiration date of their status, a second request is made, the process of the filed application can go on and the temporary resident will stay in their status if the request is complete.
Second application submitted after expiry date
When the first application is turned down and the second is obtained at a time after the expiry of the applicant’s visa, it results in them losing their temporary status. Besides, if the individual applies again during the one-year period, IRCC will refuse the new application automatically and the applicant may need to restore their status if allowed.
How can a restoration of status help?
In the case where your status expired and the application for an extension is turned down, you have lost your status in Canada. As an option, you can request a Restoration of Status, so if your new temporary application (in which you also include the restoration request) is approved, you will again have a valid status for the time authorized. Certain strict rules must be followed to be eligible for restoration of status:
How to apply these new changes as a temporary resident
Because IRCC has made it challenging to maintain your status, being prepared to extend your status by planning ahead is highly recommended if you currently hold a study or work permit. You have to collect and prepare all the necessary documents in order to apply for an extension on time. Should you fail to submit a request on time or get refused, you must continue to keep up-to-date and get advice on how to renew your Canadian status in a different way.
Author: Shubham
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