For many temporary residents in Canada, especially those on a temporary resident permit in 2025, understanding “maintained status” (previously known as implied status) is crucial for staying legally in the country while waiting for a decision on an extension application. It allows individuals to continue working or studying under the conditions of their expired permit while their new application is being processed. However, a significant update from IRCC has clarified the situation for holders of temporary resident permits, and it’s important to be aware of this policy change, particularly as we look at temporary resident permits 2025.
Understanding Maintained Status Generally
Generally, if you are a temporary resident in Canada and apply to extend your period of authorized stay before it expires, your status as a temporary resident is extended by law under section R183(5) until a decision is made. This means you have legal status during the processing period as long as you remain in Canada.
For work permit holders who apply to extend their stay as a worker before their permit expires and remain in Canada, they may continue working under the same conditions as their previous permit until a decision is made, based on R186(u). Similarly, study permit holders applying to extend their stay as a student and remaining in Canada may continue studying under the same conditions based on R189.
The Key Change for Temporary Resident Permits
Here is where the significant update regarding temporary resident permits 2025 comes in. While holders of temporary resident permits (TRPs) are considered to be in the temporary resident class, IRCC has clarified that when a foreign national applies for a new TRP, they are not extending under section R181 but applying for a TRP as per section A24.
This distinction is critical because it means individuals applying for a new TRP do not maintain their temporary resident status during the processing period. They do not meet the requirements of subsection R183(5), which is the basis for maintained status.
Why This is the Case
The reason for this policy is rooted in the specific regulations governing these applications. Maintained status for work authorization (under R186(u)) provides the work authorization when an application is made under R201(1) for an extension of a work permit. Section R201(1) states that a foreign national may apply for the renewal of their work permit if the application is made before their work permit expires and they have complied with all conditions imposed on their entry into Canada.
However, an application for a work permit that accompanies a TRP is made under a different section, R208(b). Because the TRP application itself is not considered an “extension” under R181 but an application under A24, and an accompanying work permit application falls under R208(b) rather than R201(1), these applications do not trigger the conditions for maintained status under R183(5).
The sources suggest it is “at best ambiguous” whether a TRP w/ OWP counts as a renewal under R201(1), and deference will be given to IRCC’s policy.
Key Implications: What TRP Applicants Cannot Do
As a direct result of not having maintained status while their TRP application is processing, individuals applying for an initial or subsequent TRP face significant restrictions:
- They cannot renew their work or study permit based on this pending application.
- They cannot continue to work or study until a decision has been made on their TRP application.
This is a crucial point emphasized by IRCC.
Conclusion
The update regarding maintained status for those applying for temporary resident permits is a major clarification. It’s essential for anyone submitting an initial or subsequent TRP application to understand that they will not have maintained status during processing and therefore cannot continue working or studying until their new TRP application is approved. This policy is expected to be in place for temporary resident permits 2025 based on the updated information, as indicated by the date modified on the IRCC page (2025-05-28). Always refer to the official IRCC website for the most current information.
Navigating complex Canadian visa and immigration rules, especially concerning temporary resident permits and maintained status, can be challenging. Policies can change, and individual circumstances vary. For personalized legal advice tailored to your situation, we recommend consulting with experienced immigration professionals.
Contact Chaudhary Law Office:
If you have questions about your temporary resident status, TRP application, or any other Canadian immigration matter, consider reaching out to the knowledgeable lawyers at Chaudhary Law Office for expert guidance.
