Temporary residents: Maintained status during processing (previously called implied status)
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Under the IRPA, all foreign nationals authorized to enter Canada as per subsection A22(1) have temporary resident status. A temporary resident may also be authorized to work without a permit [R186], be issued a work permit [R200 or R201], be authorized to study without a permit [R189] or be issued a study permit [R216 or R217].
All temporary residents have an automatically imposed condition that they must leave Canada at the end of their authorized period of stay. However, as per section R181, a temporary resident may apply to extend their period of authorized stay before it ends. If they have done so, their period of authorized stay as a temporary resident is extended by law until a decision is made [R183(5)]. Such a person is considered to have legal status as a temporary resident during the processing period only as long as the person remains in Canada. This is referred to as maintained status.
The legal authority to work or study is separate from temporary resident status.
- A work permit holder may continue working under the same conditions as their previous work permit until a decision is made on their extension application if they have applied to extend their stay in Canada as a worker [R186(u)] before the expiry of the permit and they remain in Canada.
- However, if they applied to extend their stay as a visitor or a student, they must cease working when their current work permit expires.
- Similarly, a study permit holder may continue their studies under the same conditions as their previous study permit until a decision is made on their extension application if they have applied to extend their stay in Canada as a student [R189] before the expiry of the permit and they remain in Canada.
- However, if they applied to extend their stay as a visitor or a worker, they may not pursue their studies when their current study permit expires.
Important: Holders of temporary resident permits (TRPs) are considered to be in the temporary resident class; however, 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. Therefore, they do not maintain their temporary resident status during the processing period as they do not meet the requirements of subsection R183(5). As a result, individuals who are applying for an initial or subsequent TRP can’t renew their work or study permit or continue to work or study until a decision has been made on their TRP application.
For more information, consult Temporary resident permits (TRPs): Subsequent permits.
On this page:
- Date and time of receipt of application
- Travel outside Canada
- Effect of decision on period of authorized stay
- Subsequent application during processing period
Date and time of receipt of application
The date and time of receipt are important for determining if status is maintained under subsection R183(5). For electronic applications, the department uses Coordinated Universal Time (UTC) around the world to ensure that time is equal for all. Therefore, receipt dates and times do not depend on time zones; all applications must be submitted before midnight UTC on the date the applicant’s status expires. If the application was received after midnight UTC on the date of expiry, the applicant does not maintain their status under subsection R183(5).
The date received for paper applications is the date physically received and stamped at the Case Processing Centre. However, if the date physically received is after the expiry date of the applicant’s status, the officer will backdate the received date by 7 days to account for any mail delivery delays.
Note: All in-Canada visitor extension, study permit and work permit applications must be submitted electronically, with some exceptions. See the list of programs that are exempt from the in-Canada mandatory electronic application requirement.
Travel outside Canada
A temporary resident’s maintained status ends when they leave Canada.
Applicants may be allowed to re-enter Canada as a temporary resident, provided they are temporary resident visa (TRV) exempt as per section R190 or hold a valid multiple-entry visa. The border services officer will set the period of authorized stay on entry.
Temporary residents from TRV-required countries whose period of authorized stay has been extended under subsection R183(5) and who are seeking re-entry to Canada following a visit solely to the United States or St. Pierre and Miquelon are considered to be TRV exempt, as per subparagraph R190(3)(f)(ii). If a TRV-required national has travelled anywhere other than the United States or St. Pierre and Miquelon, regardless of whether their period of authorized stay was extended under subsection R183(5), they are not exempt from the TRV requirement.
Travelling outside Canada with pending applications for a work permit or study permit
The authorization to work and study without a permit under paragraph R186(u) or section R189 while a decision on an application is pending ends when the applicant leaves Canada. If the applicant is allowed to re-enter Canada as a temporary resident and their new study or work permit has not been issued prior to their return, they may not resume work or study in Canada until their application for renewal has been granted. Those not able to resume work must satisfy the border services officer that they have sufficient means of support and that they will not study or work without authorization.
Effect of decision on period of authorized stay
Application approved
If the extension application is approved, the date of issue shown on the document represents the date a decision was made. The period of authorized stay is now equivalent to the validity of the new document.
If the applicant left Canada, on re-entry the border services officer imposed a period of authorized stay as per paragraph R183(1)(a), and the application for extension is approved before the end of this period, the applicant has until the end of the stay specified by the border services officer or the period of stay authorized with the extension approval, whichever is longer.
GCMS input: Officers should indicate “Status maintained as per R183(5)” in the User Remarks section of the new document, with the exception of a work permit or a study permit issued to a foreign national who left Canada while on maintained status and was allowed to re-enter.
Application refused
If the extension application is refused, the applicant is considered in status until the day the decision is made on their application. The 90-day restoration period under section R182 begins on the date of refusal.
If the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a), and the application for extension is refused before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.
Application withdrawn
If the extension application is withdrawn, on the date the withdrawal is registered, there is no longer a pending application for an extension. Therefore, the period of authorized stay ends on that date.
If the applicant left Canada, on re-entry the border services officer imposed a period of stay as per paragraph R183(1)(a), and the application for extension is withdrawn before the end of this period, the applicant has until the end of the stay specified by the border services officer to remain in Canada.
Application rejected
If the extension application is rejected (incomplete), it is as if the application was never submitted, and the applicant is in status until their existing temporary resident status expires.
Subsequent application during processing period
Officers should process both applications and not administratively cancel the outstanding application.
An applicant only maintains their temporary resident status during the processing period of their application for extension if they submit the application before the expiry of their status and remain in Canada.
If an application is submitted before the expiry date but is determined to be incomplete, the application is to be returned to the applicant and they no longer benefit from maintained status. If circumstances arise during the processing period that the applicant determines would impact their application, they may submit a subsequent application for extension detailing the new circumstances.
If the first application is refused, and the applicant submits their subsequent application for extension before the expiry of their status, the applicant maintains their status during the processing period of the subsequent application.
If the applicant submits their subsequent application for extension of status after the expiry of their status, they don’t have maintained status during the processing period of the subsequent application. The case processing centre (CPC) should refuse the application and respond with a warning notice to the applicant that they are eligible to apply for restoration.
Foreign nationals have 90 days from the date their status expired to submit their restoration application and pay the corresponding fee. For further information, visit Restoration of temporary resident status – Canada.ca.
Page details
- Date modified: