How to get maintained status in Canada?
Posted on August 29, 2022
Highlights of ‘maintained status in Canada’
- When the temporary residents try extending their temporary stay and the IRCC is processing their applications, at that moment the Maintained status permits keep up their legal status in Canada and section 181 of the Immigration and Refugee Protection Regulations (IRPR) supports this.
- If the applicant’s temporary status gets expired, it is not possible to be eligible for the maintained status, until you could restore the status, you will not be able to work.
- In order to apply for restoring the status of a temporary work permit to IRCC, you will have 90 days’ time. During this time you will not be permitted to stay or work in Canada.
- IRCC processing time tool takes a minimum of six months in processing the permit extension while being inside Canada.
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Maintained status permits temporary residents to preserve and maintain their status legally in Canada, during the wait of getting the application processed by IRCC to get an extension on the temporary stay.
All temporary immigration residents must leave Canada, when the work permit is expired, under Canadian immigration law. Although there is section 181 which is part of the Immigration and Refugee Protection Regulations (IRPR) that says the temporary residents will have a chance to apply for an extension of the approved stay period before it gets expired.
The temporary residents who have taken the benefit of section 181 will be able to stay in Canada till Immigration Refugees and Citizenship Canada (IRCC) takes a decision on their application. The applicant will be able to maintain their legal status as a temporary resident while waiting.
IRCC provides regulations to follow
The first thing that is to be noted is to be cautious about the date of expiry on temporary status. If the status of temporary residents is getting expired, the applicant could not be eligible for maintained status and cannot continue working till they restore their status.
To keep up the status active, one needs to submit an application on extending the temporary work status before it gets expired. IRCC suggests submitting the application for an extension by providing enough time to avoid complications.
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Complete your research
It is very important to understand to know the impact of extending the stay and its after-effects in Canada. The applicant can continue working in Canada under existing conditions, only if they apply for the renewal of the existing permit before the current permit gets expired even when waiting for the extension decision by IRCC.
In case you have plans to change the type of permit like opting for a study permit from a work permit, then you have to stop working immediately on the day, the work permit expires.
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Understand the circumstances of maintained status
During the wait for IRCC’s decision and if you leave Canada, then this affects your temporary residence status. The maintained status will be applied to someone only if you remain in Canada.
If you leave the country when you have maintained status, you can get a chance to re-enter Canada as a temporary resident if you are holding a Temporary Resident Visa (TRV) or if you have secured permission from the requirement to have a TRV.
Anyhow, it does not mean you can restart studying or working in Canada till you receive a decision on your application. When you try to enter back in Canada, you have to provide evidence about your financial support to assist the Canada Border Services Agency (CBSA) during the wait for extensive application. You should not leave Canada during you are awaiting IRCC’s decision on your extension on the Temporary work visa.
The final decision by IRCC
When IRCC approves your work permit extension, you will receive a new date for an approved stay in Canada and continue working and living with the conditions of your new permit or extended permit.
If the application gets refusal, you will be considered in status till the date IRCC releases a statement on your application. If you have not received any extension, then you have missed a chance to status in Canada and you are not allowed to study or work.
You will have 90 days to apply for restoring the status to IRCC. During the wait for the decision, you will not be allowed to study or work but you can stay in Canada.
Authenticate your status
To prove the maintained status is very simple as you have applied for an extension to your permit. If you provide proof for your school or your employer about the payment made to IRCC for your extension, which is sufficient. This will also help you in getting back to Canada entry, where you were supposed to leave the country.
The outcome of the decision
One of the important steps in obtaining maintained status is to know about the set expiry date of your temporary work and apply for an extension or get the new permit early. It takes six months in processing the extension of a temporary work permit from inside Canada for the IRCC processing time tool.
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