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IRCC Updates Maintained Status Rules for Temporary Residents

As of May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has introduced important changes to how maintained status works when a temporary resident submits more than one application to extend their stay. What Changed? Previously, if a foreign national submitted a second application while already on maintained status—even after the first application was refused—their stay in Canada remained authorized while the second application was being processed. Although they were not allowed to work or study, they could legally remain in Canada. Under the new rules, if the first application is refused and the second application was submitted after the original permit expired, the applicant loses maintained status. This means the second application will be automatically refused, and the individual will be considered out of status. They must now apply for restoration of status, if eligible. If the second application is submitted before the original permit expires, the applicant may still maintain their status during processing, even if the first application is later refused. However, unlike before, this status does not guarantee the same work or study rights. Why It Matters This change limits the ability of temporary residents to remain in Canada by filing multiple applications in sequence, particularly after a refusal. It underscores the importance of timely and well-prepared initial applications—and awareness of expiration dates. Key Takeaways: A second application filed after the permit’s expiry and after a refusal will be rejected automatically. A second application filed before the permit’s expiry may maintain the applicant’s legal stay, but without guaranteed work/study rights. Applicants losing status may need to seek restoration, which comes with strict eligibility criteria and a limited timeline. IRCC also removed guidance on applying for permits at the border, likely due to increased restrictions on flagpoling. This change marks a significant shift in how IRCC handles overlapping applications and reinforces the need for careful planning when managing temporary status in Canada.

As of May 28, 2025, Immigration, Refugees and Citizenship Canada (IRCC) has introduced important changes to how maintained status works when a temporary resident submits more than one application to extend their stay. What Changed?Previously, if a foreign national submitted a second application while already on maintained status—even after the first application was refused—their stay […]

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