Formerly known as “implied status”, maintained status can be used of extending your visit to Canada.
According to Canadian immigration law every temporary resident is subject to an automatic imposed requirement that they must quit Canada following the period they have been granted of duration of.
However Section 181 of the Immigration and Refugee Protection Regulations (IRPR) stipulates that temporary residents are able to apply for an extension of the period for which they are authorized to remain in Canada until it is over. People who make use of this option may stay within Canada for as long as Immigration, Refugees and Citizenship Canada (IRCC) takes the decision on their application. During this time the applicant is considered to be in legal status as an Canadian temporarily resident.
To be eligible for the status of maintained (previously by the name of “implied status”), one must strictly adhere to the rules and regulations set forth to them by Canada’s Canadian government.
A person applying for a visa must be aware of when their temporary residence is scheduled to expire, how an extension application might affect their temporary residence rights in Canada as well as regulations regarding staying in Canada throughout the process of extension.
In the first place, one should ensure that they submit their extension application prior to when their current status ends. IRCC recommends that you complete your application with sufficient time to avoid any issues with you Canadian visa status.
In addition, it is important be aware of how their extension application affects their rights to work or study in Canada. The IRPR stipulates that if a person applies to renew their current study or work permit prior to when the expiration date it is possible to continue to work or pursue studies in Canada in accordance with the terms of their prior permit until the decision is taken. If you do apply for a different kind of permit, you will cease working on the day that the current permits expires. In other words when a permit to work applicant is now seeking an academic permit, they will have to stop working as soon as they expire on their permit.
Third, applicants should be aware of the ways in which the decision to leave Canada can affect their temporary status as a resident in Canada. Maintained status only applies for the duration of your stay in Canada. If you’re on maintained status and decide to leave the country, you might be permitted to re-enter Canada as an indefinite resident so in the event that you hold an Temporary Resident Visa (TRV) or are not required to hold the TRV. However, you will not be allowed to return to work or taking classes at the University of Canada until a decision has been taken on your request for an extension of your visa. Additionally, if you want to return to Canada You may be required to present an Canada Border Services Agency (CBSA) official with proof that you have sufficient funds to support yourself until a decision is made regarding your application for extension.
Therefore, it is crucial to keep in mind that if you’re maintaining status that you lose the right to work or study after you quit Canada.
Two scenarios are likely when IRCC examines your extension application.
In the event that your petition is accepted and your application is accepted, you will receive with a new date to begin the duration of your time in Canada.
In the event that your request is denied the applicant is considered to be to be in status until the decision was taken on the extension application. If this happens you lose your status and cannot be able to continue your studies or work in Canada in accordance with the terms of your prior visa. You have 90 days to submit an application to IRCC to reinstate your status. While processing the application for restoration you are not able to be able to work or study while waiting for IRCC to make a decision. are waiting for IRCC to take a decision.
In the end, evidence of your request in order to prolong your stay is typically accepted as proof that your legal status in Canada in a maintained status. This is especially helpful when you’re asked for evidence by your school or employer or to aid in re-entry into Canada.
