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Overview

How to Achieve Maintained Status

When a visitor, student, or foreign worker seeks to prolong their current status before its expiration, they are allowed to stay in Canada legally until the outcome of their application is determined. In such cases, they are considered to have achieved maintained status. If their application is being reviewed past the expiration of their prior permit, they can stay in Canada, abiding by the conditions of their previous permit, until the application decision is received.

An In-Depth Look By Canadian regulations, every temporary resident must depart Canada by the conclusion of their approved stay duration. Nevertheless, these temporary residents have the option to request an extension to their stay duration before its expiration. If they act timely, the law automatically prolongs their authorized stay until their application is reviewed.

Should a temporary resident request a continuation of their work or study permit prior to the expiration of their current one, they are granted the privilege to work or study in Canada without needing a fresh permit, provided the conditions remain unchanged, until the application’s outcome is decided and they stay within Canada.

For instance, a foreign worker who has initiated an extension application for their work permit before its expiration can stay in Canada and persist in their job during the waiting period. However, if they’ve applied for an alternative permit type, like a study permit, they must halt their work activities once their existing permit expires.

When the extension application is approved, the individual (and their family, if applicable) can continue their stay in Canada under the new permit’s terms. This new permit will mark the issuance date. There might be a gap between the expiration of an old permit and the issuance of a new one. Nevertheless, this usually doesn’t cause issues if the person later pursues permanent residence since this period is recognized as covered by the maintained status. It’s also generally mentioned in the permit that the individual preserved their status till the new permit was sanctioned.

Application Submission Timing

To ensure uniformity, Immigration, Refugees, and Citizenship Canada (IRCC) utilizes Coordinated Universal Time (UTC) for applications worldwide. Therefore, every application has to be sent before UTC midnight on the day the applicant’s status is due to end. Any application after this point means the applicant relinquishes their maintained status rights.

 
Stepping Out of Canada with Maintained Status

To ensure uniformity, Immigration, Refugees, and Citizenship Canada (IRCC) utilizes Coordinated Universal Time (UTC) for applications worldwide. Therefore, every application has to be sent before UTC midnight on the day the applicant’s status is due to end. Any application after this point means the applicant relinquishes their maintained status rights.

  1. They are free from the Temporary Resident Visa (TRV) mandate, or
  2. They possess a TRV.

However, those with maintained status can’t restart their work or studies until the status extension decision is made. Moreover, they might need to showcase their financial capability to the officer upon their return. It’s always advisable for those with maintained status departing Canada to carry evidence of their permit extension application.

In essence, someone with maintained status relinquishes their rights to work or study upon exiting Canada until the final decision on their application is made.

For instance, if a student with an ongoing study permit extension application leaves Canada, although they might be allowed back in, they wouldn’t be allowed to continue their education until their application’s decision is made. Conversely, if they had stayed in Canada with maintained status, their studies could have proceeded uninterrupted.

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