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New Rules for Staying in Canada After a Permit Expires

June 9, 2025

Ishita Soni

Table of Contents

What Is “Maintained Status”?

First of all, maintained status (formerly called implied status) means that a temporary resident like a worker or student can legally stay in Canada and continue working or studying under their old permit while they wait for a decision on a new extension application.

This status only applies if the person applied for an extension before their original permit expired, and they stay inside Canada.

What Happened Before the Rule Change?

Previously, if someone was on maintained status and their first extension application was refused, they could still stay legally in Canada as long as they had submitted a second extension application before the decision on the first one.

Even though they couldn’t legally work or study after the refusal, they could still remain in the country while the second application was being processed.

When was second app submitted?	First application approved	First application refused/rejected
Prior to expiry of original permit	The new status and authorization apply.	Authorized stay and authority to work or study in the original permit are extended until the decision on the 2nd app.
After expiry of original permit	The new status and authorization apply.	Authorized stay extended, but authority to work or study not extended.

What Changed Now?

However, as of May 28, 2025, the rules are stricter. Now:

If someone is on maintained status and their first application gets refused,
and they had already submitted a second application while waiting,

That second application will now be automatically refused and returned.
Also, they won’t be allowed to stay in Canada just because the second application is in process.

In simple words, you can’t “buy more time” by submitting a second application if your first one is denied.

When was second app submitted?	First application approved	First application refused/rejected
Prior to expiry of original permit.	The new status and authorization apply.	Applicant maintains status during the processing period of the 2nd application.
After expiry of original permit	The new status and authorization apply.	Applicant does not have maintained status – 2nd app must be refused. Applicant is out of status. Applicant can apply for restoration of status, if eligible.

Why Does the Timing Matter?

Timing is very important now. Under the new rules:

If your original permit has expired and your first extension is refused, then
Submitting a second application after that doesn’t help you stay longer.

This is a big change from before, where you could remain in Canada just because a second application was in process.

Other Changes: No More Applying at the Border

Also, the immigration department removed a section about applying for work or study permits at the border (called flagpoling). This change makes sense because flagpoling is currently banned.

In Summary

If your first application is refused while you’re on maintained status, any second application you sent won’t keep you in Canada.
You now lose your legal right to stay once the first application is refused, even if you already sent in a second one.
Always apply early and correctly, and don’t rely on submitting multiple applications to extend your stay.

Get in touch with SPS Global

Receive professional advice on any of your questions regarding Canadian immigration. get in touch with us, experienced immigration consultants from SPS Canada. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).

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