Implied status (officially called "maintained status" in the IRPA) is the legal condition under which a temporary resident in Canada whose permit has expired may remain in Canada lawfully, and continue working or studying, while their extension or renewal application is being processed. Implied status arises automatically when the holder applies to renew or extend their temporary resident permit (work permit, study permit, or visitor record) before the existing permit expires — it does not require any separate application or IRCC acknowledgement.

The critical requirement is timing: the application must have been submitted to IRCC before the expiry of the existing permit. If the permit expires and only then the application is submitted, implied status does not arise — the person becomes an unlawful temporary resident and must apply to restore their status, or depart Canada.

Implied status is established by IRPA s 183(5): "A temporary resident who, before the end of the period authorized for their stay, has made an application for an extension remains a temporary resident until a decision is made on the application." This provision applies to all temporary resident statuses — visitors, workers, and students.

The authorisation to continue working while under maintained status flows from IRPR s 186(u) (in the case of workers whose work permit has expired while the extension is in process) and related provisions. A worker must continue to work under the same conditions as the expired work permit — same employer, same location, same occupation — unless and until a new permit is issued.

How implied/maintained status arises:

1. The temporary resident holds a valid work permit, study permit, or visitor record
2. Before that permit expires, they submit an application to IRCC to extend or renew it
3. The original permit expires, but the application is still in processing
4. The person is now under implied/maintained status — they remain lawfully in Canada until IRCC decides the application

Work rights during implied status:

A worker whose work permit has expired but who has maintained status may continue working under the same conditions as their expired work permit. This means:

• Same employer (for employer-specific permits)
• Same occupation
• Same location

They may not change employers, change occupations, or change the conditions of their work during the implied status period — they must wait for the new permit to be issued before any change is authorised.

Study rights during implied status:

A student whose study permit has expired but who has maintained status may continue studying at the same designated learning institution under the same conditions as the expired permit.

Visitor status during implied status:

A visitor whose visitor record or temporary resident permit has expired but who has maintained status may remain in Canada but may not work or study (unless separately authorised).

What terminates implied status:

• IRCC makes a decision on the extension application (either granting the new permit, or refusing)
• The person leaves Canada — departure cancels implied status; the person cannot return to Canada on implied status (they would need a new visa or permit to re-enter)

Important: leaving Canada while under implied status:

If a person under implied/maintained status departs Canada, their maintained status ceases. They cannot re-enter Canada as a temporary resident under the pending application — they would need to obtain a new permit at a port of entry or visa office. The pending renewal application may be abandoned or assessed as an offshore application. Persons under maintained status should not travel outside Canada unless they have a valid visa and the documentation needed to re-enter.

IRCC's online portal does not issue any written acknowledgement of maintained status — the legal protection arises by operation of law when the application is submitted before the permit expires. As evidence, a person under maintained status should retain: (a) a copy of the expired permit, (b) proof that the renewal application was submitted before expiry (IRCC confirmation email with timestamp, or portal submission confirmation), and (c) a copy of the application itself.

An employer who asks for a valid work permit as a condition of continued employment should be shown the expired permit together with the proof of the pending renewal application. IRCC's help centre guidance confirms that a worker may continue working under the same conditions during the maintained status period.

Social Insurance Numbers (SIN) assigned to temporary residents are linked to the permit. If a SIN expires (because it was tied to the original permit), Service Canada can issue a new SIN or extend it upon presentation of the expired permit and proof of the pending renewal application. A person under maintained status is legally authorised to work and may obtain a valid SIN for that purpose.

Implied status does not arise for Temporary Resident Permits (TRPs) issued under IRPA s 24 — those have separate rules. For more information, refer to the IRCC guidance on extending a work permit.