Maintained status (implied status) — Canada
Statutory definition
IRPR s 183(5) provides that where a temporary resident has applied to extend their period of authorised stay before it expired, and the application has not been decided, the temporary resident is considered to be in compliance with the condition to have authorised status as long as the application remains pending. The person may continue to study or work in the same way they were authorised before the expiry.
Explanation
Maintained (implied) status is a critical protection for persons awaiting a decision on a renewal application. Without this provision, a worker whose work permit expires before the renewal is processed would technically be in Canada without authorisation. To benefit from maintained status, the application must have been submitted before the current status expired — late applications do not retroactively create maintained status. Persons on maintained status cannot travel internationally and re-enter on the same basis — departure resets the status and a new permit must be approved before return.