According to Section 181 of the Immigration and Refugee Protection Regulations (IRPR), temporary residents are able to apply to extend their period of permitted stay as long as they do so before it expires. By using section 181, individuals are permitted to stay in Canada until Immigration, Refugees and Citizenship Canada (IRCC) makes a decision regarding their application. While you wait, you will remain regarded as a temporary resident under the law.

IRCC Guidelines

Knowing when the temporary status is scheduled to expire is very important. If you allow your temporary status to lapse, you will lose your right to maintain your status and be prohibited from working until your status has been reinstated. You must submit your application for an extension before your current status expires in order to maintain your status. To avoid problems, IRCC urges applicants to submit their applications well in advance of the deadline.

Proving Maintained Status

The simplest way to show maintained status is to provide evidence that you requested a permit extension. It is sufficient to show that IRCC received payment for your extension application. Your employer or school may require this proof. In the case that you have to leave the country, it can also help in gaining entry into Canada.

The Conditions & IRCC’s decision

Only those who stay in Canada are eligible for maintained status. If you hold a Temporary Resident Visa (TRV), you may be permitted to re-enter Canada as a temporary resident if you are in the maintained status and leave the country. If the IRCC rejects your request to extend your work permit, your status will be deemed to have been maintained up until the day the IRCC reached its decision. If the extension is denied, you will no longer have legal status in Canada and will not be allowed to work or attend school. From this point on, you have 90 days to apply to the IRCC for status restoration. You cannot work or study while you are waiting for the decision, but you may stay in Canada.