Submitting two extension applications for remaining in Canada
Hussa, a Kuwaiti citizen, is an international student in Canada. She submitted a study permit extension application two weeks before the expiry of her study permit. However, she has received a valid job offer and wants to change her status from a student to a worker. Hussa’s previous study permit expired a month ago, and she has not received a decision on her study permit extension application. Consequently, she wonders if submitting two concurrent extension applications is a possibility.
Table of contents
Different types of extension applications
You may extend your stay in Canada if you are already in the country with a valid temporary resident status. Moreover, you could apply for a status change depending on your circumstances. Typical applications include the following:
- Visitor record: extending your status as a visitor or changing your status from a worker or a student to a visitor
- Study permit: extending your status as an international student or changing your status from a visitor or a worker to an international student
- Work permit: extending your status as a temporary foreign worker or changing your status from a visitor or a student to a temporary foreign worker
Sometimes you are in Canada as a Temporary Resident Permit (TRP) holder. Unless you resolve your inadmissibility, you may not change this status to any of the options above. However, you could apply for a new TRP while still in Canada. Also, consider the following situations:
- Individuals who overstay in Canada do not have a valid legal status. If they remain in Canada, they must either apply for Restoration of Status or seek other options. Of course, their best option in most cases is to leave Canada before a removal order is issued.
- Refugee claimants do not have legal status in Canada. However, upon approval of their application, they receive protection from our country. Protected people may remain in Canada if they do not lose their status. Furthermore, most protected individuals may apply for permanent resident (PR) status.
Maintained status following a single extension application
If you submit a change of status or an extension application promptly, you won’t lose your original status until an officer has decided on your application. We refer to this situation as a maintained status. If the decision is favourable, then you’ll receive a renewed status. However, if they refuse your application after the expiry of the previous status, you lose your status and must leave Canada. Sometimes, you may be eligible to apply for a restoration of status. Please consider the following circumstances:
- If the original status was Visitor, you remain a visitor until you leave Canada or the officer decides on your new status [practitioners see R183(5)].
- Assuming you were a student, you may continue studying in Canada until you receive the decision [practitioners see R189].
- If you were a foreign worker, you may work in Canada until the officer issues the decision [practitioners see R186(u)].
The previous list does not discuss exceptions. Additionally, the decision could result in losing your current status, extending it, or acquiring a new one.
Subsequent applications under the new ircc rules (May 28, 2025)
When you already have an extension application in process, these are the new rules for a second one:
| Situation | What IRCC does | Do you keep your legal status in Canada? |
|---|---|---|
| Your first application is incomplete, so IRCC returns it (also called rejection) | They send it back and treat it as if you never applied. | No. You lose status at the expiry date of the original status (not the date the application is returned to you). |
| Your first application is complete but IRCC refuses it | They decide you do not meet the rules. The 90-day restoration clock starts on the refusal date. | No. You lose it on the day you receive the refusal letter. |
| You file a second application before your current status expires | Officers process both files. | Yes. Even if they refuse the first application. Your status remains valid until a decision is made on the second application. |
| You file a second application after your status expires | The Case Processing Centre must refuse it and send a warning about restoration. | No. You must apply for restoration within 90 days, if eligible. |
Key take-aways
- Returned (rejected) ≠ refused.
- Returned: paperwork incomplete; status ends on the day you lose your original status.
- Refused: paperwork is complete, but the rules have not been met; the status lasts until the refusal date.
- Maintained status only exists when two facts line up:
- You applied before the expiry date, and
- You remain in Canada.
- Second applications do not reset the clock. If your status has already lapsed, the only fix is restoration.
- Officers never cancel one file because another exists. They decide each application on its own.
For more details, see IRCC’s Program Delivery Instructions.
Keep these in mind before submitting multiple applications.
As tempting as it may sound, submitting multiple extension applications could complicate matters. Furthermore, consider the following:
- Misrepresentation has significant consequences. Therefore, please avoid it and ensure your applications do not contradict each other.
- This article is for educational purposes. Please do not consider it official advice, as many exceptions exist when extending or changing your status in Canada.
- Officers process both of your applications independently. In other words, they won’t cancel the second application when processing the first one. Consequently, if you are happy with the outcome of the first application, withdraw the second one as quickly as possible.
These clarifications improve transparency and help applicants avoid common mistakes. For the most accurate and up-to-date information, always consult the latest IRCC guidelines.
Let us help!
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Al Parsai, LLM, MA, RCIC-IRB
Regulated Canadian Immigration Consultant
Adjunct Professor, Queen’s University Faculty of Law
Instructor, Ashton College, Immigration Consulting Program
Author of 88 Tips on Immigration to Canada and Inadmissibility to Canada for Human Rights Violations
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