Permanent resident applications and maintained status in Canada

permanent resident maintained status

Khaled, a Syrian citizen, is in Canada on a work permit. He recently applied for immigration under the Express Entry system. However, Khaled’s work permit is expiring soon. He wonders if a permanent resident application creates a maintained status for him in Canada. Khaled wants to know if he needs to extend his work permit to remain legally in Canada.

What is maintained status?

Before discussing the relationship between permanent resident applications and maintained status, let’s define the latter. Most temporary residents may request extending or changing their status in Canada. Sometimes the officer does not decide on their application beyond the validity of their old status. However, they keep their old status in Canada until they receive the decision. IRCC used to call this situation an implied status, but they changed the term to maintained status.

Let me share an example with you. Let’s say you enter Canada, and the Border Services Officer allows you to remain there until June 1. You decide to extend your stay beyond June 1 and submit a Visitor Record application on May 15. However, the initial expiry date of June 1 has passed, and you have not received a decision. Are you legally in Canada? The answer is yes because you have a maintained status. Luckily you keep your visitor status until you leave Canada or an officer decides on your application. Of course, if the decision is favourable, you’ll have a new expiry date. However, if the decision is unfavourable, you must leave Canada immediately or apply for Restoration of Status.

What is a permanent resident application?

A permanent resident application is a formal request to immigrate to Canada. People could apply for permanent residency under any of the following possible paths:

Some permanent resident applicants reside in Canada while applying for immigration. Nonetheless, they must hold valid Visitor Records, work permits, or study permits to remain in Canada. Some exceptions exist, such as TRP holders or protected persons.

Do I hold maintained status by submitting a permanent resident application?

A permanent resident application does not extend your temporary status in Canada. Moreover, if you already have a permit, a PR application does not enter you in maintained status. Therefore, regardless of your permanent resident application, you must take other steps to remain in Canada legally. Here are some options you may pursue.

Please consider this list as a broad guideline. It does not cover all the scenarios.

Let us help!

As you can see, permanent resident applications and maintained status are incompatible. If you are facing a dilemma regarding these issues, please consider booking a consultation session with me or filling out the following form.

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    Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

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    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.