Foreign nationals on study permit, work permit, or visitors authorized to enter Canada have a temporary residence status.
However, if you want to remain in Canada, you must maintain your temporary residence status.
All temporary residents are automatically required to leave Canada at the end of their authorized period of stay.
However, temporary residents may apply to extend their authorized stay before it expires.
If you have applied for new immigration status but it will not arrive before your current status expires, you may be able to stay, study, and work in Canada during this time.
This is known as maintained status’ (previously ‘implied status’).
Below are some factors to consider to ensure that you have maintained your status.
Extension application date and time receipt
The date and time of receipt are critical in determining whether or not the status is maintained. IRCC uses Coordinated Universal Time (UTC) worldwide for electronic applications to ensure that time is equal for all.
As a result, time zones do not affect receipt dates and times. However, all applications must be submitted by midnight UTC when the applicant’s status expires.
Therefore, your status is no longer maintained if you submit your file after midnight UTC on the expiry date.
For paper applications, the date received is the date your file was physically received and stamped at the Case Processing Centre.
However, if the date physically received is after the applicant’s status has expired, the officer will backdate the received date by 7 days to account for any mail delivery delays.
It is important to remember that all applications for in-Canada extensions, such as visitor extensions, study permits and work permits, should be submitted electronically.
Travelling outside Canada when an extension application is in progress
If you are a temporary resident who has extended the period of your authorized stay and plan to leave Canada, you will be examined on reentry and may be allowed to:
- Re-enter Canada as a temporary resident who has a pending decision on their study or work permit extension in Canada
- Or if eligible apply for a new study or work permit at the post of entry
Re-entering Canada as a temporary resident with a pending decision
You may be allowed to re-enter Canada as a temporary resident with a pending study or work permit extension decision.
Also, you must have a valid multiple-entry visa or be exempt from a temporary resident visa (TRV). The border services officer will determine the length of the permitted stay.
Temporary residents from TRV-required countries who have extended their authorized stay and are seeking to re-enter Canada solely after visiting the United States or St. Pierre and Miquelon are TRV exempt.
However, if the temporary resident has travelled to any country other than the above three, regardless of extending the authorized stay period, they are not TRV exempt.
Moreover, the authorization to study and work in Canada without a permit on maintained status ends on departure from Canada.
Therefore, even if you have applied for an extension and decide to depart Canada, you can not work or study when you return.
Additionally, if your new study or work permit is not issued before you return to Canada, you will not be able to resume work and study until your application renewal is granted.
As a result, if you can not resume work because you are awaiting a decision on your extension, you must satisfy the border services officer that you have sufficient means of support and will not study or work without authorization.
Applying for a new study or work permit at the border
Applicants who meet the requirements may be allowed to apply for a new work or study permit at the port of entry.
However, a new application requires submitting new fees and supporting documentation.
In addition, IRCC strongly recommends that applicants request proof of their application submission. Especially in case the officer cannot confirm application in the Global Case Management System (GCMS).
Proof of application submission includes fee payment receipt or application copy for the visitor, student or worker extension.
As a temporary resident, ensure that your status is always maintained if you wish to remain in Canada. To learn more, check out how to maintain your temporary status.