CHANGES TO “MAINTAINED STATUS” REGULATIONS FOR TEMPORARY RESIDENTS – 2025
🗓 Effective Date: May 28, 2025
IRCC has officially updated the regulations regarding Maintained Status, directly impacting foreign nationals in Canada under temporary resident status (workers, students, or visitors) who intend to submit more than one extension application.
📌 KEY NEW POINT:
Previously, if an individual was under Maintained Status (i.e., had submitted a timely extension application) and the first application was refused, they could still remain legally in Canada by submitting a second (subsequent) application, though they were not allowed to work or study.
➡️ As of May 28, 2025, this is no longer valid.
❗ NEW REGULATION:
If your first application is refused, and you have submitted a second application while under Maintained Status:
→ Your status will no longer be maintained
→ The second application will be refused and returned
→ You will be out of status and considered illegally residing in Canada
In this case, you may apply for Restoration of Status if you are still within the legal 90-day restoration period from the date you lost your status.
🚫 Additionally:
IRCC has removed guidance related to submitting study or work permit applications at the port of entry (POE) — this aligns with Canada’s stricter enforcement of anti-flagpoling policies (i.e., leaving and re-entering Canada to apply for a new permit at the border).
This is a major policy shift that directly impacts those who:
- Delay preparing their extension applications
- Rely on “buying time” by submitting multiple applications
- May unknowingly lose their legal status in Canada
📌 SICON’S ADVICE:
✅ Submit extension applications as early as possible — do not wait until the last minute
✅ Do not leave Canada while under Maintained Status if your new permit has not been approved
✅ If your application is refused, apply for Restoration of Status within 90 days if eligible
📞 CONTACT SICON IMMEDIATELY if you are:
🔸 Preparing to renew your permit
🔸 Waiting on a decision from IRCC
🔸 Unsure whether you still have legal status
