Canada’s New Visa Rules

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Canada has updated its immigration policies, introducing important changes that affect how temporary residents—such as international students, foreign workers, and visitors—can legally stay in the country while waiting for a decision on their immigration applications.

What Is “Maintained Status”?

Previously known as implied status, maintained status allows temporary residents to remain in Canada legally after their original permit expires—provided they submitted an application to extend or change their status before the expiry date. While under maintained status, individuals may continue to live—and in some cases, work or study—under the same conditions as their previous permit, until a decision is made on the pending application.

New Restrictions on Multiple Applications
A major policy change now limits how multiple immigration applications are treated while on maintained status:

1. Submitting a Second Application While Waiting on the First
If you are already on maintained status and you submit a second application (before the first is processed):

If the first application is refused, the second will also be automatically refused and returned.
This marks a significant departure from past practice, which sometimes allowed the second application to preserve your legal status.
If the second application is submitted before your original permit expires, you remain legally in Canada, but you cannot work or study until it is approved.

2. Submitting a Second Application After Your Permit Has Expired
If you submit a new application after your initial permit has expired and your first application is later refused, you lose legal status immediately.
In that case, you may apply for a restoration of status, but this is a more complex and time-sensitive process.
Key takeaway: Filing a second application no longer guarantees legal stay or work/study rights. Timeliness and accuracy in your first application are now more critical than ever.

Temporary Resident Status vs. Temporary Resident Permit (TRP)

These two terms are often confused but have very different legal meanings and consequences:

Temporary Resident Status
Applies to visitors, students, and workers who entered Canada legally under section A22(1) of the Immigration and Refugee Protection Act (IRPA).

You can apply to extend your stay under section R181.

If submitted on time, you can remain in Canada under maintained status while your extension is being processed.

You may continue to work or study, depending on the original permit conditions.

Temporary Resident Permit (TRP)
A TRP is granted to individuals who are otherwise inadmissible to Canada (e.g., due to criminality, medical issues) under section A24 of the IRPA.

TRPs do not offer maintained status. Once expired, you must wait for a new TRP to be approved before resuming work or study.

Each TRP requires a new application and approval before continuing any activities in Canada.
TRP holders are technically temporary residents but are not eligible for permanent residency through this route.

Practical Tips for Temporary Residents in Canada

1. Submit renewal applications before your current permit expires—this is the only way to stay legally under maintained status.
2. Avoid relying on multiple overlapping applications to preserve status—this is no longer a viable strategy under the new rules.
3. If your first application is refused and the second was filed too late or while on maintained status, you must stop working or studying immediately.
4. If you fall out of status, act quickly to apply for restoration of status, if eligible.

These changes reflect Canada’s growing emphasis on compliance and application integrity. If you’re planning to extend your stay in Canada, make sure your applications are timely, accurate, and strategically planned—because a single misstep can now cost you your legal status.

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