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Maintained Status in Canada: Working and Studying While You Wait

If you apply to extend your stay before it expires and IRCC hasn't decided by the expiry date, IRPR s.183(5) extends your authorized stay until the day of the decision and you keep your status and conditions. You can keep working or studying only under the same conditions, you must stay in Canada, and the right ends on the day a refusal is made.

Temporary permits expire faster than extension applications are processed. Maintained status is the rule that fills the gap: if you applied in time, you are allowed to stay, and in many cases to keep working or studying under the same conditions, until IRCC decides.

The rule is easy to state and easy to lose. A late application, a trip abroad, a change of employer or a refusal can each end it, and the consequences of working or studying without authorization are serious. This guide sets out what the Immigration and Refugee Protection Regulations (IRPR) say, what IRCC's pages add, and where the edges are. It explains the rules. It doesn't tell you whether you are covered.

The rule in the regulations

The words "maintained status" don't appear in the sections quoted here, but the rule that produces it is in section 183 of the IRPR.

Section 183(2) fixes the starting point: the period authorized for a temporary resident's stay is six months or any other period fixed by an officer. Section 183(4) says that period ends on the earliest of several days, including the day the permit becomes invalid and the day the temporary resident leaves Canada without obtaining prior authorization to re-enter.

Section 183(5) is the extension rule. It says that "if a temporary resident has applied for an extension of the period authorized for their stay and a decision is not made on the application by the end of the period authorized for their stay, the period is extended until":

(a) "the day on which a decision is made, if the application is refused"; or

(b) "the end of the new period authorized for their stay, if the application is allowed."

Section 183(6) adds that during the extended period the temporary resident "retains their status, subject to any other conditions imposed."

Section 183(5.1) carves out one group: the rule doesn't apply to a foreign national who is the subject of a declaration under section 22.1(1) of the IRPA. That section lets the Minister declare, on public policy grounds, that a foreign national may not become a temporary resident, for a period of up to 36 months.

Three separate regulations deal with who may apply for an extension or renewal in the first place, and each has the same timing test:

  • s.181(1): an extension of authorization to remain as a temporary resident, if the application is made by the end of the authorized stay and the person has complied with all conditions imposed on entry;
  • s.201(1): renewal of a work permit, if the application is made before the permit expires and conditions have been complied with; and
  • s.217(1): renewal of a study permit, on the same basis.

"Before" and "by" are the whole point. An application filed after the date doesn't have the protection of s.183(5).

Working while you wait

Whether you can work during the wait comes from a separate rule. Section 186(u) of the IRPR lets a foreign national work without a work permit "until a decision is made on an application made by them under subsection 201(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date."

IRCC's pages (modified between 17 July and 28 September 2026) put it in plain terms:

  • if you apply to extend or change your work permit before it expires, you can keep working "under the same conditions as your original work permit" until IRCC decides, as long as you stay in Canada;
  • an employer-specific permit means the same employer, job and work location; open permit holders can usually change employers, jobs or locations unless their permit lists specific conditions;
  • if you applied to change your employer or job, you must keep working for the employer named on your original permit; you can't start with a new employer or in a new job until the application is approved or you get an authorization to work while the application is processed;
  • your social insurance number (SIN) remains usable during this period, but you can apply for or update a SIN only after you receive your new work permit; and
  • provincial or territorial documents, such as a driver's licence or health card, usually can't be renewed while on maintained status, so IRCC advises renewing them before the work permit expires.

Two exceptions. IRCC's work permit expiry page says that if you applied for a study permit or a visitor record rather than another work permit, you "can keep working only until your work permit expires" and "cannot continue to work while waiting for a decision" on that application. The same page says a person who applies for a temporary resident permit doesn't keep temporary resident status while the application is processed.

Section 186(w) covers one more situation: a person who is or was the holder of a study permit, has completed their program, met the full-time student conditions in paragraph (v), and applied for a work permit before the study permit expired, may work until a decision is made.

Studying and visiting while you wait

Study permit holders. Section 189 of the IRPR authorizes a person who has applied to renew a study permit to study, without a permit, "until a decision is made on the application if they have remained in Canada since the expiry of their study permit and continue to comply with the conditions, other than the expiry date, set out on the expired study permit."

IRCC's student extension pages (page date 9 August 2024 for the detailed pages; 17 September 2026 for the overview) say that applying before the permit expires means you can legally stay in Canada while the application is processed and continue studying under your current conditions, but only while you remain in Canada. They say to apply at least 30 days before the permit expires if you want to keep studying at the same school, and to apply before you finish your current program if you plan to change schools, since you generally can't start at a new school until the extended permit is approved. While on maintained status, you can't renew provincial or territorial documents and can't get a SIN card. Applying after the permit has expired is different: IRCC says you can stay in Canada while you wait, but you can't study until your status is restored and you have a new permit.

Visitors. IRCC's guide for extending a stay as a visitor (page date 5 June 2026) says "Your original temporary status as a visitor continues under the same conditions until your application is finalized." It says to apply for the change before your current status expires and, for any permit, to apply at least 30 days before. It also says that an application rejected as incomplete is considered never submitted, so a rejected-as-incomplete application doesn't provide maintained status.

The 30-day figure is IRCC's advice, not a legal deadline. The legal line in the regulations is the end of the authorized period.

Proof, timing and the details that decide it

IRCC's "How to extend" page for work permits (modified 21 August 2026) sets out several details that decide whether an application was in time.

  • Online applications: submit before midnight UTC on the expiry date. The system uses UTC, so check the time difference from where you live. A permit that expires on a given date may be a day earlier in some time zones.
  • Paper applications: the application is dated when it reaches the case processing centre. If it arrives after the expiry date, it is counted as received 7 days earlier.
  • Employer steps must be completed first. If a labour market impact assessment (LMIA) or a Quebec acceptance certificate (CAQ) is required, IRCC says to wait for a positive decision letter, with a limited exception where the permit expires in two weeks or less, the employer's application is complete and the document is submitted within 90 days.
  • You can't extend beyond your passport's expiry date.

Proof for an employer. IRCC's pages (modified 21 August 2026) say that online applicants, apart from post-graduation work permit applicants, usually receive a letter in their IRCC account showing they can keep working under the same conditions until a decision. The letter lists an expiry date 365 days after IRCC receives the application. If IRCC hasn't decided by then, the person can keep working until a decision is made. Paper applicants don't get the letter but can use proof of submission, such as a copy of the application, proof of fee payment or courier tracking. Applicants who filed after their permit expired, or who applied for their first Canadian work permit, aren't eligible for the letter.

A worked illustration, with invented dates. A worker's employer-specific permit expires on 30 June. She applies online on 12 June for the same employer. On 30 June there is no decision. Under s.183(5)(b) and (6) and s.186(u) she may keep working for that employer, in that job, until the decision. IRCC refuses the extension on 15 September. Under s.183(5)(a) her authorized stay is extended only to that day, and IRCC's worker guide says she can only stay until the expiry date of her current status. Work after 15 September is work without authorization. Had she applied on 1 July, the day after expiry, s.183(5) wouldn't have applied, because no application had been made by the end of the authorized period.

Leaving Canada while you wait

IRCC's page on travelling while an extension is pending (modified 17 July 2026) says that if you applied to renew before your permit expired, you can leave Canada and come back, but there are conditions. It says that if your renewal is still being processed, you may be allowed back in as a visitor, and that "You can't work until your work permit renewal has been approved." If it was approved while you were away, you may be allowed to re-enter as a worker and can start working on entry. It adds that a work permit isn't a travel document, so you may need a temporary resident visa or an electronic travel authorization (eTA), and having one doesn't guarantee entry. It says that if you need to travel urgently while the permit is still being processed, you can request urgent processing.

This matches the regulation. Section 183(4)(a) ends the authorized period on the day the person leaves Canada without prior authorization to re-enter, and s.186(u) requires that the person "remained in Canada."

For students, IRCC's page says re-entry needs a valid study permit, or a letter of introduction showing approval, plus a valid travel document.

What ends it

Pulling the sources together, maintained status ends, or never starts, in these cases:

  • the application is made after the permit or status expires (s.181(1), s.201(1), s.217(1));
  • the application is refused (s.183(5)(a): the period runs only to the day of the refusal);
  • the person leaves Canada without prior authorization to re-enter (s.183(4)(a));
  • the application is rejected as incomplete, which IRCC treats as never submitted;
  • the person works or studies outside the conditions of the expired permit, which s.186(u) and s.189 make a condition of the authorization;
  • the person is the subject of a declaration under s.22.1(1) (s.183(5.1)); or
  • the application is for a temporary resident permit, which IRCC says does not carry maintained status.

If status is lost, a separate application to restore it may be possible within 90 days (IRPR s.182). The guide on restoration of status covers the fees and the rules. If a work or study permit extension is refused, the guide on work permit refusals sets out the options. Working after authorization ended can also block a later work permit for six months under IRPR s.200(3)(e).

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Questions people ask

What is maintained status in Canada?

It is the term for staying in Canada, with the conditions of your current permit, after the permit expires because you applied to extend it in time and IRCC hasn't decided. The rule is IRPR s.183(5) and (6). IRCC's help centre uses the term "maintained status".

Can I keep working while my work permit extension is processed?

Yes, if you applied before the permit expired, you stay in Canada and you keep working under the same conditions. For an employer-specific permit that means the same employer, job and location (IRPR s.186(u); IRCC, modified 28 September 2026).

Can I travel outside Canada on maintained status?

IRCC says you can leave and return, but you may only be allowed back in as a visitor, and you can't work until the renewal is approved. A work permit isn't a travel document, and the authorized period ends when you leave without prior authorization to re-enter (IRPR s.183(4)(a)).

What happens to my status if my extension is refused?

Under s.183(5)(a) the authorized period is extended only to the day the refusal is made. IRCC's guide says you can only stay until your current status expires. Restoration within 90 days may be available (IRPR s.182).

How early should I apply to extend a permit?

IRCC advises at least 30 days before the expiry date. The legal test is that the application is made before the permit or authorized stay ends; online applications must be submitted before midnight UTC on the expiry date.

What proof of maintained status can I show an employer?

Online applicants (other than post-graduation work permit applicants) usually receive a letter in their IRCC account, valid for 365 days from receipt of the application. Paper applicants can use proof of submission. Applicants who filed after expiry aren't eligible for the letter.

Sources

Last checked 2026-10-09.

Related guides

  • Restoration of Status in Canada: The 90-Day Window — If you lose temporary resident status, IRPR s.182 lets an officer restore it if you apply within 90 days and meet the conditions. IRCC's fees are $246.25 for a visitor, $396.25 for a student and $401.25 for a worker (restoration plus permit), and you may not work or study until the restoration and any permit are approved.
  • Work Permit Refused in Canada: What Happens Next — There is no appeal from a work permit refusal. IRCC's two stated options are to apply again with new information or to seek judicial review in the Federal Court, which has a 15-day deadline for decisions made in Canada and 60 days for decisions made outside it. If you were in Canada, your right to keep working usually ends on the day of the decision.
  • Study Permit Refused: Reapply, Seek Review or Rethink — There's no appeal from a study permit refusal. The options are a new application (which needs a new provincial or territorial attestation letter in most cases) or judicial review in the Federal Court within 60 days from outside Canada or 15 days from inside. Students in Canada also need to check their status.
  • IMM 5710, Application to Change Conditions, Extend my Stay or Remain in Canada as a Worker: what it asks — IMM 5710 is the form for a worker already in Canada who wants to extend a work permit, change its conditions or apply for an initial work permit from inside the country. IRCC says to apply at least 30 calendar days before your current permit expires. The IRCC fee list shows $155 for a work permit including extensions, plus $100 for an open work permit holder.
  • IMM 5708: extending your stay as a visitor, what the form asks and where it goes wrong — IMM 5708 is the form for asking IRCC to extend a visitor's stay, change conditions or restore visitor status. The extension fee on the IRCC fee list is $100 per person, and IRCC's guide says to apply at least 30 days before your status expires. If every question in the Background section is not answered, the application is treated as incomplete and returned.
  • Judicial Review of an IRCC Refusal: The 15-Day and 60-Day Deadlines — To challenge an IRCC decision in the Federal Court you first need leave. The application must be filed within 15 days if the matter arose in Canada, or 60 days if it arose outside Canada, after you're notified (IRPA s.72). Any appeal right, such as an IAD appeal, must be used first.